Do I have to remain in Canada till my spouse receives her AOR?

[hithisisf]

Hi all,

I received my Permanant Residency status through FSWP. I have completed my soft landing in Canada and am currently based in Calgary, AB. I have received my PR Card and Provincial Health Card. I am currently unemployed in Canada, but I have maintained my job in India (I am in Canada now on leave from my job).

I was not able to include my wife's WES evaluation on time for submission and so she was included in my file as a "Non-Accompanying Spouse". I have to also mention that we do not have any other dependents.

After arriving in Canada, I applied for spousal sponsorship and have submitted all relevant documents to IRCC on 01 November 2023 and am currently waiting for the Acknowledgement Of Receipt (AOR) for her application. Our plan was for me to go back home once I've received my PR Card and to return to Canada together once her sponsorship was completed. However, I was advised by my agent that it would be favorable for me to remain in Canada till her AOR was received. Unfortunately, an emergency has occurred at home which requires me to go back urgently.

My query is: "Is it alright for me to leave Canada without receiving the AOR for my spousal sponsorship application? Would there be an increased risk for the sponsorship application to be rejected in any way if I am not present in the country?"

I would appreciate any advice or information this forum could provide. Thank you very much in advance for your help.

 

[Kananaskis]

Regardless of the situation, you can apply either with you in Canada, or you not in Canada.
The difference is that you need to specify what is your address. If you used your address in India, then you can go back at anytime, and I'm assuming your spousal application was remarked as moving to Canada (both you and your wife) which entails a bit different documentation.

If you applied using a Canadian address as yours, IRCC needs to be satisfied that you live in that address and are not just on holidays. Which means if you go back to India that would not be good, as well as they might require additional documents in order to make your application a moving to Canada one.

 

[scylla]

Regardless of the situation, you can apply either with you in Canada, or you not in Canada.
The difference is that you need to specify what is your address. If you used your address in India, then you can go back at anytime, and I'm assuming your spousal application was remarked as moving to Canada (both you and your wife) which entails a bit different documentation.

If you applied using a Canadian address as yours, IRCC needs to be satisfied that you live in that address and are not just on holidays. Which means if you go back to India that would not be good, as well as they might require additional documents in order to make your application a moving to Canada one.

Incorrect. OP is a PR and must be in Canada to qualify to sponsor a spouse. Only citizens can sponsor while living outside of Canada.

 

[Kananaskis]

Incorrect. OP is a PR and must be in Canada to qualify to sponsor a spouse. Only citizens can sponsor while living outside of Canada.

OPS she's right I completely ignored the fact that you said you got your PR
Yeah you can't sponsor being a PR outside of Canada.

 

[scylla]

Hi all,

I received my Permanant Residency status through FSWP. I have completed my soft landing in Canada and am currently based in Calgary, AB. I have received my PR Card and Provincial Health Card. I am currently unemployed in Canada, but I have maintained my job in India (I am in Canada now on leave from my job).

I was not able to include my wife's WES evaluation on time for submission and so she was included in my file as a "Non-Accompanying Spouse". I have to also mention that we do not have any other dependents.

After arriving in Canada, I applied for spousal sponsorship and have submitted all relevant documents to IRCC on 01 November 2023 and am currently waiting for the Acknowledgement Of Receipt (AOR) for her application. Our plan was for me to go back home once I've received my PR Card and to return to Canada together once her sponsorship was completed. However, I was advised by my agent that it would be favorable for me to remain in Canada till her AOR was received. Unfortunately, an emergency has occurred at home which requires me to go back urgently.

My query is: "Is it alright for me to leave Canada without receiving the AOR for my spousal sponsorship application? Would there be an increased risk for the sponsorship application to be rejected in any way if I am not present in the country?"

I would appreciate any advice or information this forum could provide. Thank you very much in advance for your help.

Short answer is that leaving Canada at any time during the process and for an extended period of time could put your application at risk. As a PR, you are supposed to be living in Canada to qualify to sponsor. Short trips outside of Canada are no issue. Longer multi-month trips can be a problem. Some people manage multi-month trips and are still accepted. Others are refused. So if you're leaving for an extended period of time, it comes with risks.

 

[armoured]

My query is: "Is it alright for me to leave Canada without receiving the AOR for my spousal sponsorship application? Would there be an increased risk for the sponsorship application to be rejected in any way if I am not present in the country?"

I'd add two points to @scylla's:
-The risk may be heightened (although we do not know, not for certain) before AOR, but your 'agent' is wrong that this risk applies only to the period before AOR. It is true throughout the process.
-I think you can and should expect that because you are not employed in canada and don't appear to ever have been, and I presume provided some information about your employment 'at home', that your file might get extra attention to whether or not you are actually physically in Canada, let alone 'residing' in Canada.

While technically there is nothing wrong (per se) with being employed abroad, there absolutely is sensitivity to the issue of PRs/citizens not residing in or planning to reside in Canada, plus paying taxes in Canada, and all the other things associated. As someone who was accepted as a foreign skilled worker, that sensitivity might be even stronger, since getting PR as a skilled worker and then neither working nor actually being in Canada is very much not in accordance with the goals of the program.

I'd also note, there has been some evidence here - sporadic - that iRCC sometimes may not outright reject a file on the basis of the sponsor being outside Canada, but just put it aside and let it 'age' (that is, see what the sponsor actually does) - resutling in much longer delays. So there's a possiblity it won't at all be clear what is happening.

You should also note the requirements for residence on your provincial health insurance.

 

[hithisisf]

Thank you so much for all the responses. Extremely sorry for the late reply, I had forgotten about this post to be honest. All the advice given have been incredibly helpful and insightful.

An update on events that have transpired since:

- We received AOR for the application on December 24, 2023. We have also received Biometrics request today i.e. February 12, 2024.
- I had to leave Canada and comeback to India on January 26, 2024. I am currently serving my notice period of resignation here and am hoping to get back to Canada as soon as I can. However, currently, the earliest I can get back is in the 1st half of May 2024. I am trying my best to get back earlier.
- As a contingency on a negative response from IRCC, we applied for, and successfully received, a temporary V-1 visitor visa for my spouse.
- We have not received Primary Approval on the spousal sponsorship yet.

Considering the above, have we alleviated any risks, or have we worsened the risks on the sponsorship approval? Would it further aggravate the application process if we waited till May 2024 to move to Canada?

 

[armoured]

Considering the above, have we alleviated any risks, or have we worsened the risks on the sponsorship approval? Would it further aggravate the application process if we waited till May 2024 to move to Canada?

Nothing has changed. The same risks remain. Since you're required to reside in canada with only short trips, something may or may not happen. Returning may is better than june, February better than May.

As I think was noted before: enforcement of this is spotty, but it still remains a risk that IRCC will do something. Or just delay your file's processing.

 

[canuck78]

Thank you so much for all the responses. Extremely sorry for the late reply, I had forgotten about this post to be honest. All the advice given have been incredibly helpful and insightful.

An update on events that have transpired since:

- We received AOR for the application on December 24, 2023. We have also received Biometrics request today i.e. February 12, 2024.
- I had to leave Canada and comeback to India on January 26, 2024. I am currently serving my notice period of resignation here and am hoping to get back to Canada as soon as I can. However, currently, the earliest I can get back is in the 1st half of May 2024. I am trying my best to get back earlier.
- As a contingency on a negative response from IRCC, we applied for, and successfully received, a temporary V-1 visitor visa for my spouse.
- We have not received Primary Approval on the spousal sponsorship yet.

Considering the above, have we alleviated any risks, or have we worsened the risks on the sponsorship approval? Would it further aggravate the application process if we waited till May 2024 to move to Canada?

You should be attempting to return to Canada the fastest possible. Delaying until May likely increases your risk of procedural fairness letter