Leaving Canada while inland spousal application in process

[Caliquebec]

hi
Im hoping someone can respond to my question. My husband (American) and I are planning to apply inland for permanent residency (through spousal sponsorship). If he has a valid passport and the spousal open work permit, can he leave Canada during the application process? Thank you!

 

[canuck78]

A short vacation seems to be ok but other than that no you must both remain in Canada.

 

[Frank412]

A short vacation seems to be ok but other than that no you must both remain in Canada.

Hi Canuck78, What do you mean by a short vacation? My spouse and I applied for the sponsorship last month. She needs to go back to the US for something important and we are wondering if she can leave and come back while they are processing the PR. We have applied for the open work visa but it's not in yet. Not sure how to do this. Thanks!

 

[meyakanor]

Unlike the United States, Canada allows dual intent for most temporary status. So in theory, it is possible to hold temporary status, while also having an in-Canada permanent resident application in process.

However, it is also important to note that as a non Canadian PR/citizen, your spouse does not have any right to enter Canada, and he would always be subject to scrutiny by the border agent everytime he seeks entry into the country.

In the case where he leaves the country, and then gets refused entry into Canada for whatever reason, then his in-land application would have been considered abandoned, and you would then have to start over.

In itself, there is nothing prohibiting him (or any applicant) from leaving the country, but there is always the elevated risk of temporary entry refusal when you also simultaneosly have PR application in process.

If you are unable to return to Canada, we could determine that you abandoned your application. In that case, we will not process it.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=248&top=28

 

[canuck78]

Would stay in the US for as short of a period as possible. If you stay out of Canada too long your inland sponsorship can be cancelled.