Leave country for death in fam- In-land PR application for out of status spouse

[JayGal]

Hello, This is my first time posting in the forum although I use it all the time for questions etc. SO THANKFUL!

I am faced with a pretty serious dilemma:

My husband is from Brazil and currently out of status, we completed our application as normal.

We mailed in our application September 9, 2013 (two months ago).

While he was living in Brazil he was adopted by a kind family (around the age of 17) I am telling you this as it may make things complicated for documentation purposes. His birth mother who he still talks to daily is very sick and will be undergoing a risky surgery this month and may not make it through. He has told me that if she passes away he needs to go back to Brazil. I told him what I have learned that you are not supposed to leave the country while your application is being processed because it will no longer be valid and you can only apply once.


I am so worried, I don't know what to do, I cannot move to Brazil at this time for various reasons. If he did leave the country, how would he get back in? Would he have to re-apply outland under compassionate grounds?

Please help!!

 

[scylla]

The chances that he will be allowed back into Canada are low given his overstay.

If he has to leave and is refused when he tries to apply for a tourist visa to re-enter Canada, then you should withdraw your inland application and apply for PR using the outland method. The outland application would not be under compassionate grounds. You would just submit a regular outland application.

 

[Rob_TO]

CIC does not give ANY exceptions to the rules on leaving the country, no matter what the personal situation is for the applicant.

As Scylla mentioned, if he leaves Canada the chance of being granted a TRV is extremely low. You would need to cancel the inland application (i'm not sure how much of the fees you would get back), and submit an entirely new outland application from scratch. Most likely he will need to stay in Brazil during the entire processing time.

 

[yata520]

i read at CIC help center "How can I get my application processed urgently?"
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=024&t=4
you need to travel because of death or serious illness in the family and cannot get a passport without proof of Canadian citizenship.
maybe this gonna help you ? cause he is not leaving just urgent process...

 

[PMM]

Hi

i read at CIC help center "How can I get my application processed urgently?"
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=024&t=4
you need to travel because of death or serious illness in the family and cannot get a passport without proof of Canadian citizenship.
maybe this gonna help you ? cause he is not leaving just urgent process...

The OP is not applying for citizenship, but for PR.

 

[yata520]

Hi

The OP is not applying for citizenship, but for PR.

sorry .... OP mean ???

 

[costacro]

The urgent processing does not apply to him. He is illegally here since your app hasnt been approved. If he is to leave the country you must cancel his inland application. And re apply outland all over again and pay the fees as if it was a new application. There is nothing that can be done.

 

[yata520]

thats sux... but i think some country outland process file faster then inland .....but if he cancel did he also get redflag too ??@_@