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Leaving Canada Temporarily while spouse's PR (outland) is in progress Sponser being PR and sponsorship eligibility is Approved

AyodejiA

Star Member
Aug 11, 2019
81
8
Please I need help on what to do?


I applied for TRV in September but when no response was coming forth, went ahead to apply for Family Class Outland in October.

I just got approval for TRV. I was initially planning to apply for Spousal Inland and Work Permit but now I have applied for Outland

I don’t want to travel to Canada with no hope of applying for Work permit


Please what should I do?
 

vaykres12

Member
Apr 24, 2021
10
0
This was the reply from a verified twitter account of IRCC.

”Your wife must be residing in Canada when she submits the application. She may travel outside Canada after applying. However, she must continue residing in Canada. She must be physically present in Canada when the application is approved to remain eligible. No immigration decisions are made on our social media answers. Thank you.”

Based on my understanding, a perment resident/sponsor is allowed to travel for long but must be back by the time when you are waiting for approval of the app. If they say the person must continue residing in Canada, I think they mean you have to make sure that your permanent address at the time is Canada. If you travel outside of Canada, you must not go beyond 6 months (which is the allowed time frame of a permanent resident of being away), or else you void the validity or something of your residency. With this I don’t mean you have to be outside for 6months, our application timeline are unique. For some, they get VOH after 6months of process and for some it takes longer. The sponsor just have to remember that the he/she must be back to Canada by the time the application is about to be approved.

I hope I delivered my thoughts well.
But of course, it is your right and own will to leave the country while the app is on process.
 

armoured

VIP Member
Feb 1, 2015
15,463
7,876
This was the reply from a verified twitter account of IRCC.

”Your wife must be residing in Canada when she submits the application. She may travel outside Canada after applying. However, she must continue residing in Canada. She must be physically present in Canada when the application is approved to remain eligible. No immigration decisions are made on our social media answers. Thank you.”
Nice answer but doesn't clarify anything. She may travel, but continue residing in Canada - that just doesn't clarify. And note - social media account not authoritative anyway.

Based on my understanding, a perment resident/sponsor is allowed to travel for long but must be back by the time when you are waiting for approval of the app.
Official guidance is not "long" trips but "short trips are okay."

More importantly, you 'must be back by the time when you are waiting for approval': how useful is this advice if a) not clear exactly what this means, AND b) every file takes different amounts of time anyway?

Answer: not useful at all. You can't know so to be careful you really should be in Canada, or only for short trips.

As this thread has made clear repeatedly.

Want to stay abroad longer? Fine, that's your risk and your problem.

If they say the person must continue residing in Canada, I think they mean you have to make sure that your permanent address at the time is Canada. If you travel outside of Canada, you must not go beyond 6 months (which is the allowed time frame of a permanent resident of being away), or else you void the validity or something of your residency.
No. This is a nice story and sounds logical, but there is no evidence that ANY type of specific requirement such as this applies to sponsorship. It simply says the sponsr must reside in Canada, and short trips are acceptable.
With this I don’t mean you have to be outside for 6months, our application timeline are unique. For some, they get VOH after 6months of process and for some it takes longer. The sponsor just have to remember that the he/she must be back to Canada by the time the application is about to be approved.
And how will you know when hyour application is about to be approved?

You cannot. You can guess - good luck to you, your risk.
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,770
This was the reply from a verified twitter account of IRCC.

”Your wife must be residing in Canada when she submits the application. She may travel outside Canada after applying. However, she must continue residing in Canada. She must be physically present in Canada when the application is approved to remain eligible. No immigration decisions are made on our social media answers. Thank you.”

Based on my understanding, a perment resident/sponsor is allowed to travel for long but must be back by the time when you are waiting for approval of the app. If they say the person must continue residing in Canada, I think they mean you have to make sure that your permanent address at the time is Canada. If you travel outside of Canada, you must not go beyond 6 months (which is the allowed time frame of a permanent resident of being away), or else you void the validity or something of your residency. With this I don’t mean you have to be outside for 6months, our application timeline are unique. For some, they get VOH after 6months of process and for some it takes longer. The sponsor just have to remember that the he/she must be back to Canada by the time the application is about to be approved.

I hope I delivered my thoughts well.
But of course, it is your right and own will to leave the country while the app is on process.
There have been examples of spouses being denied after being outside Canada for as little as 2 months if not even shorter so this answer doesn’t make sense. The word residing is up for interpretation so the IRCC employee may be just suggesting you can go on vacation for 2 weeks, go on a business trip, etc. If you want further clarification I would ask if you can stay out of Canada for under 6 months if you are in Canada when you file your application and are in Canada when it is approved. You can ask what they mean by residing? How much time would you have to be in Canada to be considered to be residing in Canada.
 

DimT44

Hero Member
Apr 5, 2021
944
330
So what if the sponsor becomes a Canadian citizen while the sponsorship application is processing. Can longer travels at that point affect the sponsorship application?

In other words, since IRCC cares about the sponsors residence throughout the application period, and not just what it was at the time of sending the application. Do they also care/treat sponsors differently if they became citizens during that period?

Not sure how common this is.
 

armoured

VIP Member
Feb 1, 2015
15,463
7,876
So what if the sponsor becomes a Canadian citizen while the sponsorship application is processing. Can longer travels at that point affect the sponsorship application?

In other words, since IRCC cares about the sponsors residence throughout the application period, and not just what it was at the time of sending the application. Do they also care/treat sponsors differently if they became citizens during that period?

Not sure how common this is.
I think the key is that it's not common.

Sure, hypothetically you could advise them you became a citizen and now de facto sponsoring from abroad. How much extra hassle would that be and/or create administrative delays or screwups? Or then make iRCC start the procedures they apply for citizen-sponsors residing abroad? (Requests for proof of intent to return, etc)

Probably it would make it unlikely it would get refused outright if IRCC was advsied in time, but might cause delays.

All speculation, hopefully doesn't apply to many.
 
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DimT44

Hero Member
Apr 5, 2021
944
330
I think the key is that it's not common.

Sure, hypothetically you could advise them you became a citizen and now de facto sponsoring from abroad. How much extra hassle would that be and/or create administrative delays or screwups? Or then make iRCC start the procedures they apply for citizen-sponsors residing abroad? (Requests for proof of intent to return, etc)

Probably it would make it unlikely it would get refused outright if IRCC was advsied in time, but might cause delays.

All speculation, hopefully doesn't apply to many.
Yeah I figured this might not be that common. I was just curious if this was a "well document" case on the forum from people's experiences or if this might have clear steps from IRCC's side.

I agree with you, the hassle is probably not worth it even when it's applicable.
 
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Abhinandhan7

Star Member
May 14, 2018
72
9
I was outside Canada for 6 months after I submitted outland application for pr for my spouse. Nothing happened. No one questioned and my wife is now a PR. Don't listen to the fear Mongering here by some people. It depends on case by case basis. If a person has lived in Canada for years and years and just took a vacation to be with his or her spouse, there is no need to worry. Could there be problems? Yes but only if a sponsor just got pr and immediately left Canada to be his or her spouse.
 
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canuck78

VIP Member
Jun 18, 2017
52,981
12,770
I was outside Canada for 6 months after I submitted outland application for pr for my spouse. Nothing happened. No one questioned and my wife is now a PR. Don't listen to the fear Mongering here by some people. It depends on case by case basis. If a person has lived in Canada for years and years and just took a vacation to be with his or her spouse, there is no need to worry. Could there be problems? Yes but only if a sponsor just got pr and immediately left Canada to be his or her spouse.
This is incorrect information. If VO had realized you were out of Canada for 6 months you would be denied. You got lucky you weren’t caught but there are others who have spent a lot less time outside Canada during sponsorship who have been denied. You are required to remain in Canada during sponsorship as a PR. A short trip outside Canada for less than a month seem to be overlooked but 6 months will not be overlooked if VO realizes that you were out of the country. We have even seen COPRs being cancelled when a couple got approved for sponsorship and then applied for a TRV for their child. It became evident that the sponsoring spouse had spent time outside Canada and so the approved sponsorship was then changed to refused.
 

DimT44

Hero Member
Apr 5, 2021
944
330
This is incorrect information. If VO had realized you were out of Canada for 6 months you would be denied. You got lucky you weren’t caught but there are others who have spent a lot less time outside Canada during sponsorship who have been denied. You are required to remain in Canada during sponsorship as a PR. A short trip outside Canada for less than a month seem to be overlooked but 6 months will not be overlooked if VO realizes that you were out of the country. We have even seen COPRs being cancelled when a couple got approved for sponsorship and then applied for a TRV for their child. It became evident that the sponsoring spouse had spent time outside Canada and so the approved sponsorship was then changed to refused.
Your last example had me thinking, at what point is the sponsor no longer required to stay in Canada? Is it after the COPR or after the PA lands in Canada?

For example, can the sponsor travel on a long vacation (3 months) after the PA receives the COPR but before the PA officially becomes PR (landing). Basically at the end of the 3 months the sponsor and the PA would travel to Canada (PA's first time entering Canada).
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,770
Your last example had me thinking, at what point is the sponsor no longer required to stay in Canada? Is it after the COPR or after the PA lands in Canada?

For example, can the sponsor travel on a long vacation (3 months) after the PA receives the COPR but before the PA officially becomes PR (landing). Basically at the end of the 3 months the sponsor and the PA would travel to Canada (PA's first time entering Canada).
No you’re required to remain in Canada until your spouse lands.
 
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krstn29

Star Member
Mar 29, 2019
131
11
No you’re required to remain in Canada until your spouse lands.
you mean to say i can not go home to accompany my husband when he lands? it will be his first time travelling outside the country and i'm pretty sure he won't be able to make it on his own. that's why the plan is for me to go home when he receives his COPR so that I will be with him when he lands.
 

armoured

VIP Member
Feb 1, 2015
15,463
7,876
you mean to say i can not go home to accompany my husband when he lands? it will be his first time travelling outside the country and i'm pretty sure he won't be able to make it on his own. that's why the plan is for me to go home when he receives his COPR so that I will be with him when he lands.
Short trips are fine, so just keep it from being too long.
 

Abhinandhan7

Star Member
May 14, 2018
72
9
This is incorrect information. If VO had realized you were out of Canada for 6 months you would be denied. You got lucky you weren’t caught but there are others who have spent a lot less time outside Canada during sponsorship who have been denied. You are required to remain in Canada during sponsorship as a PR. A short trip outside Canada for less than a month seem to be overlooked but 6 months will not be overlooked if VO realizes that you were out of the country. We have even seen COPRs being cancelled when a couple got approved for sponsorship and then applied for a TRV for their child. It became evident that the sponsoring spouse had spent time outside Canada and so the approved sponsorship was then changed to refused.
Keep fear mongering and scaring people unnecessarily