Permanent Residency Questions during COVID19

[jimmyjames68]

Hello everyone,

This is my first post here. I'm in the middle of a confusing situation, can't get through to Immigration on the phone and it's very stressful. I'll take any advice you can give.

My girlfriend has been living with me here in Canada (I'm a natural citizen) for over two years (from the UK). She was here on an IEC Visa and during this time we became common law and we applied for permanent residency (I am sponsoring her as common law family member). Her IEC visa ended in July 2020, so we transitioned to a visitor visa while we awaited the results of our permanent residency application.

However, a family emergency happened and she was forced to fly to Japan (she's a dual citizen of Japan/UK) to be with a dying family member in September. Now, with COVID-19 getting worse and worse, I don't know when it will be safe for her to fly back to Canada. I don't even know if they'll let her back in because she was only on a visitor visa.

I know it's not advised to leave the country during a P.R. application, but she had no choice. Will being out of the country hurt our P.R. application?

Also, will she be allowed back in Canada is she does fly soon? Before she left we called Immigration and they told us to have lots of documentation of our common law relationship and proof of our P.R. application with my girlfriend so she could get back in the country when she decided to fly back. But with COVID getting worse, we just don't know what to do anymore.

Sorry for the length of this post. To sum it up: Does being out of the country while waiting for P.R. application hurt chances of it's approval, and will she be able to get back in the country on another visitor visa seeing as she's my common law spouse, she lives here, and she has a P.R. application in processing.

Thanks so much

 

[scylla]

Hello everyone,

This is my first post here. I'm in the middle of a confusing situation, can't get through to Immigration on the phone and it's very stressful. I'll take any advice you can give.

My girlfriend has been living with me here in Canada (I'm a natural citizen) for over two years (from the UK). She was here on an IEC Visa and during this time we became common law and we applied for permanent residency (I am sponsoring her as common law family member). Her IEC visa ended in July 2020, so we transitioned to a visitor visa while we awaited the results of our permanent residency application.

However, a family emergency happened and she was forced to fly to Japan (she's a dual citizen of Japan/UK) to be with a dying family member in September. Now, with COVID-19 getting worse and worse, I don't know when it will be safe for her to fly back to Canada. I don't even know if they'll let her back in because she was only on a visitor visa.

I know it's not advised to leave the country during a P.R. application, but she had no choice. Will being out of the country hurt our P.R. application?

Also, will she be allowed back in Canada is she does fly soon? Before she left we called Immigration and they told us to have lots of documentation of our common law relationship and proof of our P.R. application with my girlfriend so she could get back in the country when she decided to fly back. But with COVID getting worse, we just don't know what to do anymore.

Sorry for the length of this post. To sum it up: Does being out of the country while waiting for P.R. application hurt chances of it's approval, and will she be able to get back in the country on another visitor visa seeing as she's my common law spouse, she lives here, and she has a P.R. application in processing.

Thanks so much

Did you apply to sponsor her through the inland or outland application process? I am going to assume inland.

If so, then yes, being outside of Canada could potentially cause issues for her application and result in the application being refused. One of the conditions / requirements for the inland route is that you must be in Canada as the applicant and living with your sponsor (you). IRCC seems to be OK with separations of a few weeks. Once you get to a few months, you're risking refusal for not meeting the ongoing cohabitation requirements. Impossible for any of us to say if IRCC is going to give people a break on this or not due to COVID-19.

She should have no issues re-entering the country. That's not a problem. She should try to return as soon as she can.

 

[jimmyjames68]

Did you apply to sponsor her through the inland or outland application process? I am going to assume inland.

If so, then yes, being outside of Canada could potentially cause issues for her application and result in the application being refused. One of the conditions / requirements for the inland route is that you must be in Canada as the applicant and living with your sponsor (you). IRCC seems to be OK with separations of a few weeks. Once you get to a few months, you're risking refusal for not meeting the ongoing cohabitation requirements. Impossible for any of us to say if IRCC is going to give people a break on this or not due to COVID-19.

She should have no issues re-entering the country. That's not a problem. She should try to return as soon as she can.

Thank you so much for this advice!! I really really appreciate it. I will relay this information to her ASAP and hopefully get her back on the soonest flight available.

Yes we applied through inland.

Again thank you so much! Very stressful times.

 

[canuck78]

Thank you so much for this advice!! I really really appreciate it. I will relay this information to her ASAP and hopefully get her back on the soonest flight available.

Yes we applied through inland.

Again thank you so much! Very stressful times.

She must go to the airport with proof that you are a citizen, proof the you are common law and proof you've applied for spousal sponsorship. She will also need to quarantine either with you for 14 days or in a separate area of your home.