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

ifunkyk

Full Member
Jan 16, 2018
44
32
I'm in same situation as a sponsor who recently submitted Spousal PR. I'm leaving Canada for 3-4 months to stay temporarily with my wife. I want to take this trip for the sake of my relationship.

I did my thorough research consulting eperienced immigration lawyer as well and this is the only forum that advised otherwise. Yes, IRCC is slow but I strongly beleive(after consultation my lawyer of course) they don't simply refuse an application based on 3-4 months visit. Even if that is the case, I'm ready to challenge it in federal court.

I'll keep you guys posted again after my PPR, whenever that is. Adios!
 
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armoured

VIP Member
Feb 1, 2015
15,446
7,869
I did my thorough research consulting eperienced immigration lawyer as well and this is the only forum that advised otherwise. Yes, IRCC is slow but I strongly beleive(after consultation my lawyer of course) they don't simply refuse an application based on 3-4 months visit. Even if that is the case, I'm ready to challenge it in federal court.
Here's a case where they did:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/leaving-canada-temporarily-while-spouses-pr-outland-is-in-progress-sponser-being-pr-and-sponsorship-eligibility-is-approved.696170/page-7#post-9759225

If you do speak to a lawyer, I have an honest question: how much would it cost (estimate) and what would be the expected timeframe to successfully conclude a challenge compared to just re-applying afterwards?

As I've stated before here: you could challenge if refused. But who's going to do that if re-applying is easier, cheaper and faster?

Good luck to you though.
 

Aliasoufan

Star Member
Aug 19, 2020
195
70
Hello all,

I am a PR residing in Canada since july 2021.

My husband and I got married in august 2022 and we applied for the spousal sponsorship on September 1st 2022 (outland). He currently resides in the UAE and i am planning a one month trip during the winter holidays where i will also be working remotely with a permission from my employer in canada. Is one month outside canada considered as vacation or long enough for IRCC to consider me as non residing in canada? We are just trying to maximize our time together as he is not able to visit canada without a visit visa which i believe cannot be applied for before the sponsorship aor and icu number.(preferably to show proof that we have applied for sponsorship application)

Please share if you have experienced a similar situation.

Thank you
 

armoured

VIP Member
Feb 1, 2015
15,446
7,869
Hello all,

I am a PR residing in Canada since july 2021.

My husband and I got married in august 2022 and we applied for the spousal sponsorship on September 1st 2022 (outland). He currently resides in the UAE and i am planning a one month trip during the winter holidays where i will also be working remotely with a permission from my employer in canada. Is one month outside canada considered as vacation or long enough for IRCC to consider me as non residing in canada? We are just trying to maximize our time together as he is not able to visit canada without a visit visa which i believe cannot be applied for before the sponsorship aor and icu number.(preferably to show proof that we have applied for sponsorship application)

Please share if you have experienced a similar situation.

Thank you
This thread is entirely about this topic - read through for more detail.

Short form: probably less than a month is fine. Maybe even high probability. Longer than that could conceivably cause issues. Up to you to decide.
 

jaffaral

Champion Member
Jun 29, 2014
1,356
215
37
Category........
Other
Since I have read most part of this post. I want to ask you guys who have now read and experienced this first hand .
29 days outside Canada to see your spouse for PR sponsor is fine .
One more question I want to know . Can we go outside Canada as a sponsor while we haven’t yet meet our own RO
 

yourfather

Hero Member
Jan 31, 2018
371
217
Since I have read most part of this post. I want to ask you guys who have now read and experienced this first hand .
29 days outside Canada to see your spouse for PR sponsor is fine .
One more question I want to know . Can we go outside Canada as a sponsor while we haven’t yet meet our own RO
My personal experience,

Travelled Abroad: Nov 30
Sponsorship application Received: Dec 01
Returned to Canada: March 10
Sponsorship application approved: July 20
 
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Aliasoufan

Star Member
Aug 19, 2020
195
70
My personal experience,

Travelled Abroad: Nov 30
Sponsorship application Received: Dec 01
Returned to Canada: March 10
Sponsorship application approved: July 20
Hello,

Thank you for sharing this information. Basically you were outside canada for more than 3 months while your sponsorship application was under process? Can i please know how long it took to get the AOR from the date you applied? Good luck with the next steps.
 

ifunkyk

Full Member
Jan 16, 2018
44
32
I'm in same situation as a sponsor who recently submitted Spousal PR. I'm leaving Canada for 3-4 months to stay temporarily with my wife. I want to take this trip for the sake of my relationship.

I did my thorough research consulting eperienced immigration lawyer as well and this is the only forum that advised otherwise. Yes, IRCC is slow but I strongly beleive(after consultation my lawyer of course) they don't simply refuse an application based on 3-4 months visit. Even if that is the case, I'm ready to challenge it in federal court.

I'll keep you guys posted again after my PPR, whenever that is. Adios!
Update: Our spousal visa got approved. I left Canada 2 days after submitting our application. I came back to Canada along with my spouse after approval. Complete process took over 7 months.
 
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yourfather

Hero Member
Jan 31, 2018
371
217
Update: Our spousal visa got approved. I left Canada 2 days after submitting our application. I came back to Canada along with my spouse after approval. Complete process took over 7 months.
Myth busted. Mods must update their knowledge that "IT IS OK TO TRAVEL TO HOME COUNTRY DURING SPOUSAL SPONSORSHIP"
 
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canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Myth busted. Mods must update their knowledge that "IT IS OK TO TRAVEL TO HOME COUNTRY DURING SPOUSAL SPONSORSHIP"
But it isn’t. If you do get caught, which actually does happen, you will be denied if you are abroad for a significant amount of time. Just because some people get away with it doesn’t mean that you will. Examples of other people getting denied on this very thread.
 

Alnat

Newbie
Feb 27, 2023
3
0
I also applied for my husband’s sponsorship, medical and biometric is done. I was planning to travel back and stay with him for two months , after my research I found out it is not safe to do so. But I terribly want to go . I don’t know anyone who have this personal experience. Please if someone have this experience please let me know
 

armoured

VIP Member
Feb 1, 2015
15,446
7,869
I also applied for my husband’s sponsorship, medical and biometric is done. I was planning to travel back and stay with him for two months , after my research I found out it is not safe to do so. But I terribly want to go . I don’t know anyone who have this personal experience. Please if someone have this experience please let me know
Go for one month if you're worried.
 

abab2022

Full Member
Aug 18, 2022
42
25
Can a person travel outside of Canada for a period of less than 2 months if his/her Outland spouse application is in process. In my case AOR , SA , Biometric , Medicals are done and Eligibility is in progress since Jan 27th . Application date was 1st Oct 2022. Any leads will be appriciated. Thank you
 

Alnat

Newbie
Feb 27, 2023
3
0
Can a person travel outside of Canada for a period of less than 2 months if his/her Outland spouse application is in process. In my case AOR , SA , Biometric , Medicals are done and Eligibility is in progress since Jan 27th . Application date was 1st Oct 2022. Any leads will be appriciated. Thank you
Mine also same situation applies 30 biometric, medical and AOR done want to go for April and May but in IRCC I couldn’t see any information also I called CIC they said short time period is okay but they didn’t mention how much is this short time period

confused and worried