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Principal Applicant Leaving Canada during Inland PR application

kcward7

VIP Member
May 4, 2017
3,788
1,436
for married couples? how is living together for 10 months and visiting your family for 4 weeks not meeting the requirement that is being here 85% of a year inland
Because applicant and sponsor must be inside Canada and it's up to the officers discretion and what length of time would count against that. As already stated on forums it's been found that 2-3 weeks is generally tolerated but anything above and beyond that you may run into issues.
 

Chuckus

Full Member
Jan 12, 2019
42
15
Because applicant and sponsor must be inside Canada and it's up to the officers discretion and what length of time would count against that. As already stated on forums it's been found that 2-3 weeks is generally tolerated but anything above and beyond that you may run into issues.
If that were the case government would let you know you can not leave for more than 2-3 weeks. It is your intent as seen from government page that counts. In fact it is harder to re enter without being questioned excessively if you take a very short trip. A 4 week trip chances are you wont be questioned too much. I think for cohabiting couples it is more of a problem but if you are married and have joint this joint that I do not think so. Every case is different there is no rule tho.
Can I leave Canada while IRCC processes my application for permanent residence?
Yes. However, if you leave Canada while your application is being processed, you must meet all the admissibility rules before being allowed back into Canada.

If you leave Canada and want to return, you must have all the required documents to enter. This can include:

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

If a spouse or partner sponsored you under the Spouse or Common-law Partner in Canada (SCLPC) class while you were living in Canada:
You may want to re-apply to be sponsored from outside Canada as a member of the if:

  • you do not plan to live in Canada with your sponsor while we process your application
  • you left and cannot return to Canada
 

kcward7

VIP Member
May 4, 2017
3,788
1,436
If that were the case government would let you know you can not leave for more than 2-3 weeks. It is your intent as seen from government page that counts. In fact it is harder to re enter without being questioned excessively if you take a very short trip. A 4 week trip chances are you wont be questioned too much.
Can I leave Canada while IRCC processes my application for permanent residence?
Yes. However, if you leave Canada while your application is being processed, you must meet all the admissibility rules before being allowed back into Canada.

If you leave Canada and want to return, you must have all the required documents to enter. This can include:

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

If a spouse or partner sponsored you under the Spouse or Common-law Partner in Canada (SCLPC) class while you were living in Canada:
You may want to re-apply to be sponsored from outside Canada as a member of the if:

  • you do not plan to live in Canada with your sponsor while we process your application
  • you left and cannot return to Canada
They have not defined what is "too long" to be outside Canada on an inland application. This makes it ambiguous, and decided on an officer by officer basis. There have been cases where the officer felt a trip for say 5-6 weeks nullified the inland requirement and rejected the application despite whatever your personal feelings are about how long you think or believe applicants can be outside Canada for. There are a number of risks associated with leaving Canada with an inland app in progress, varying from length of time the applicant leaves for, risk of being denied re-entry, etc. Encouraging people that it is ok to leave Canada for 6 weeks on an inland application is bad advice. Generally want to provide risk averse advice on this forum so the worst doesn't happen to people if they believe they can leave Canada for that length of time and end up being rejected.
 
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NHLNFL

Hero Member
Nov 21, 2018
408
118
Visa Office......
Vancouver
App. Filed.......
14-12-2018
AOR Received.
13/02/2019
Med's Request
18/02/2019
Med's Done....
25/02/2019
LANDED..........
03-10-2019
Personally I think it is, to be blunt, stupid to leave for more than 2 weeks. Obviously emergencies that can be proven may be different but why apply for inland at that point.

I agree I would not suggest anyone to leave for more than 14 days.
 
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Chuckus

Full Member
Jan 12, 2019
42
15
Personally I think it is, to be blunt, stupid to leave for more than 2 weeks. Obviously emergencies that can be proven may be different but why apply for inland at that point.

I agree I would not suggest anyone to leave for more than 14 days.
because I live here and needed to go to my first home for 4 weeks had to get my drivers abstract had to get catholic stuff for my daughter school etc. those things take time see mom etc but its evident we live here.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
I dont think that is why they are refused there must be other reasons. It seems ridiculous to me if you are here for a year living with your spouse if you are even to leave for 5 weeks-6 weeks max out of a year that can not be a problem. that means you are with your spouse lfor 10 months out of 12 months so that cant be a reason for refusal that is life in general sometimes when you have family friends etc
You have the option to apply Outland but live in Canada if you want to travel out of Canada. There are specific requirements if you want to apply inland.
 
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canuck78

VIP Member
Jun 18, 2017
52,969
12,771
because I live here and needed to go to my first home for 4 weeks had to get my drivers abstract had to get catholic stuff for my daughter school etc. those things take time see mom etc but its evident we live here.
Not sure how that takes 4 weeks and if you were already living in Canada why wouldn’t you have all of these things sorted out already.
 
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Chuckus

Full Member
Jan 12, 2019
42
15
Not sure how that takes 4 weeks and if you were already living in Canada why wouldn’t you have all of these things sorted out already.
Well someone just got approved and they went back home 4 times during the process so to each their own.
 

Papaski

Full Member
May 18, 2019
33
7
Hello house, I am planning to travel home for a week in July, I need to attend to a critical issue. My OWP is not out yet, I have spent over 6 months in Canada, I have a 4 year visa and my PR is still under processing and I passed my medical too. I am only going to be out of the country for a week, I need advice please.

I hope there won’t be any issue coming back into thecountry, any advice and suggestions please?
 

NHLNFL

Hero Member
Nov 21, 2018
408
118
Visa Office......
Vancouver
App. Filed.......
14-12-2018
AOR Received.
13/02/2019
Med's Request
18/02/2019
Med's Done....
25/02/2019
LANDED..........
03-10-2019
Hello house, I am planning to travel home for a week in July, I need to attend to a critical issue. My OWP is not out yet, I have spent over 6 months in Canada, I have a 4 year visa and my PR is still under processing and I passed my medical too. I am only going to be out of the country for a week, I need advice please.

I hope there won’t be any issue coming back into thecountry, any advice and suggestions please?
It is not against the rules to leave. where is your home country? Travel Visa exempt?

You should be fine if you take your documents with you.

If you are going to say the purpose of the trip is an urgent matter then bring proof of that too.

I just came from vacation in Hawaii for 10 days. I am a USA citizen. I used my work permit/passport as travel documents and they only asked what was I doing for work (making sure it's not against the OWP) and they said okay thanks, and we left.

Carry your visitor permit and copies of your proof.

As long as you dont break any laws or make yourself inadmissible I dont see any issues.

Remember no one can say you can walk in because the officers have all the power but just plan for any questions.
 

Papaski

Full Member
May 18, 2019
33
7
It is not against the rules to leave. where is your home country? Travel Visa exempt?

You should be fine if you take your documents with you.

If you are going to say the purpose of the trip is an urgent matter then bring proof of that too.

I just came from vacation in Hawaii for 10 days. I am a USA citizen. I used my work permit/passport as travel documents and they only asked what was I doing for work (making sure it's not against the OWP) and they said okay thanks, and we left.

Carry your visitor permit and copies of your proof.

As long as you dont break any laws or make yourself inadmissible I dont see any issues.

Remember no one can say you can walk in because the officers have all the power but just plan for any questions.
Thanks for the quick response, my home country is Nigeria, we don't have Travel Visa Exemption. Please what documents are you referring to? I only have a 4 year visa, considering that I have spent over 6 months in Canada.
 

NHLNFL

Hero Member
Nov 21, 2018
408
118
Visa Office......
Vancouver
App. Filed.......
14-12-2018
AOR Received.
13/02/2019
Med's Request
18/02/2019
Med's Done....
25/02/2019
LANDED..........
03-10-2019
Thanks for the quick response, my home country is Nigeria, we don't have Travel Visa Exemption. Please what documents are you referring to? I only have a 4 year visa, considering that I have spent over 6 months in Canada.
NP I help when I can.

Well make sure you apply for ETA before you return. And by documents I mean your visitor permit/visa/record and passport
 

KatiZet

Full Member
Jun 25, 2019
31
0
hi! reading this topic since I plan to go back to my home country shortly after filling my application common-law inland. I would just very much like to see my friends and family. I plan to send the application around 5th of July, then leave around let's say 18th (or maybe even earlier, depending of the price of the tickets), till 2/3rd of august, or earlier, in general no more than 15-16 days.
I am now on visitor record (I applied to extend my stay as a visitor in February for 6 months, when my IEC Open Work permit expired). My visitor record expires 11 august 2019, but once I will send common law application I will apply for extension for another 6 months (that is what border officer advised me once: to first send common-law sponsorship, then apply for VR extension, because "otherwise why would they give me another 6 months as visitor")

So, that being said, as I know that no-one can guarantee that I will be allowed back, if i decide to travel I just need to have valid eTa + hold my visitor record in hand (it will still be valid when I will be back) + have a proof that I applied for extension of it (VR) + have a proof that I applied for PR through common-law sponsorship? (I am from visa-exempt country, Poland, just need eTA)

Also - after I come back, assuming everything is okay and I'm let in with no problems - is there a need to "update" CIC that I had another travel after sending papers?

Thank you in advance for giving me piece of advice on this :) !
 
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canuck78

VIP Member
Jun 18, 2017
52,969
12,771
hi! reading this topic since I plan to go back to my home country shortly after filling my application common-law inland. I would just very much like to see my friends and family. I plan to send the application around 5th of July, then leave around let's say 18th (or maybe even earlier, depending of the price of the tickets), till 2/3rd of august, or earlier, in general no more than 15-16 days.
I am now on visitor record (I applied to extend my stay as a visitor in February for 6 months, when my IEC Open Work permit expired). My visitor record expires 11 august 2019, but once I will send common law application I will apply for extension for another 6 months (that is what border officer advised me once: to first send common-law sponsorship, then apply for VR extension, because "otherwise why would they give me another 6 months as visitor")

So, that being said, as I know that no-one can guarantee that I will be allowed back, if i decide to travel I just need to have valid eTa + hold my visitor record in hand (it will still be valid when I will be back) + have a proof that I applied for extension of it (VR) + have a proof that I applied for PR through common-law sponsorship? (I am from visa-exempt country, Poland, just need eTA)

Also - after I come back, assuming everything is okay and I'm let in with no problems - is there a need to "update" CIC that I had another travel after sending papers?

Thank you in advance for giving me piece of advice on this :) !
Extension are no longer valid when you leave Canada. It would be much better not to leave until you have secured AOR.
 

KatiZet

Full Member
Jun 25, 2019
31
0
Extension are no longer valid when you leave Canada. It would be much better not to leave until you have secured AOR.
does it mean that I'll loose my status? i already left once in february after my OWP expired (I left at the exact day it was written on it that I must "leave canada"), but before leaving I applied for extension, my extension was not ready when I came back, but I guess I was on implied status since they let me in with no problems. Then in april with my bf we left for 2 weeks for vacation, same situation, no problem, when we were back they put a stamp with the august date in my passport.

I'll probably do as you advice, but I want to make sure - what does it mean that my extension is "no longer valid"? Am I loosing my status?