Can I travel outside Canada while my OWP is being processed under Outland Spousal Sponsorship?

[MmNAmN]

Hi everyone,

I’m looking for some advice regarding my current situation.

My wife is a Canadian permanent resident and I applied for spousal sponsorship through the Outland stream. My application is currently being processed and so far I’ve completed several steps:

• Received AOR (Acknowledgment of Receipt)
• Submitted biometrics, which have been received by IRCC
• Received and completed my medical exam, and my medical has been passed
• Received a pre-arrival services letter

Since I am currently in Canada, I also applied for an Open Work Permit (OWP) from within Canada after submitting my sponsorship application and getting my AOR.

My question is about travel and the OWP eligibility requirement.

My understanding is that I needed to be physically present in Canada when I applied for the Open Work Permit, which I was. Now that my OWP application has already been submitted and is being processed, would it be okay to temporarily leave Canada and visit my home country (or another country) and then return later?

For example, if my OWP is approved while I am outside Canada, would that create any issues with the application or with re-entering Canada and using the work permit when I return?

More specifically, does the requirement to be physically present in Canada apply only at the time of submitting the OWP application, or do I need to remain in Canada while the OWP is being processed?

For context, I currently have a valid Temporary Resident Visa (visitor visa) that is valid for the next couple of years.

Has anyone had a similar experience, or does anyone know how IRCC generally handles this situation?

Thanks in advance!

 

[Ash G.]

The physical presence requirement for the OWP under spousal sponsorship applies at the time of application, which you've already met. However, leaving Canada while it's being processed is a gray area. IRCC generally expects you to be in Canada when the OWP is decided for an inland application — if you're outside Canada at decision time, they could refuse it since the permit is meant to authorize work inside Canada. The good news is your outland PR application itself won't be affected by travel since it's designed for applicants outside Canada. Since you have a valid visitor visa, re-entry shouldn't be an issue on that front. If the trip isn't urgent, the safest move is to wait until the OWP is decided. If you must travel, keep it short and make sure you're back well before any expected decision date.