Travel while waiting for inland spousal PR

[Zuzu1983]

Hi everyone,
I'm sponsoring my wife as inland- spousal and we're currently at the Background Check stage of the process (see timeline in signature). We did not use a lawyer.
She currently has status as an international student - expiring Aug 31st but, depending on where we are in the PR application (and OWP - submitted when we got the AOR), she might or might not apply again for the study permit.

Anyway, this is just to state that right now she has status that would allow her to travel.

A family emergency is coming up that might require her to travel to her home country for a few days - possibly a week (5 to 10 days at most).
We're trying to understand the impact to her application - is it different if she has current status that allows her to travel?
Do we need to ask IRCC permission, or should we tell them about this trip in advance or when she returns?
Any other consideration?

Thank you in advance!

 

[mvk88]

PA cannot leave while the sponsorship in progress..if she leave the application will deemed as abandoned

 

[ERCAN]

There is no prohibition to travel. Especially a short travel due to family emergency. The problem is that she may be refused to re-enter Canada. Then, it will be a problem.

 

[armoured]

A family emergency is coming up that might require her to travel to her home country for a few days - possibly a week (5 to 10 days at most).
We're trying to understand the impact to her application - is it different if she has current status that allows her to travel?
Do we need to ask IRCC permission, or should we tell them about this trip in advance or when she returns?

While there is the potential for IRCC to deem the application abandoned, my understanding is that this is not at all automatic and not something IRCC is out there actively policing. The issue seems to come up - primarily - when an applicant leaves Canada, stays abroad for a long time, and - this probably most critical - is not in Canada when the passport request comes and cannot return. ('Cannot return' - usually because whatever status or document they had before has expired and they can't board a flight). Or is refused entry when returning (but I believe this is much more rare). If this happens, IRCC is under no obligation to issue a new travel document and they can consider the spousal app abandoned. Those who get approved while abroad and can't return (within any relevant timeframes) can have this problem.

Short trips abroad when you have the document to return should probably be okay. Note, I do not know about how CBSA treats - for example - students returning only a few days before their period of study finishes (eg in case above, returning in the last week of August).

There is no need to tell IRCC, no way to ask permission, and if there's any problem, it's your problem. Also no need to advise when she returns.

 

[canuck78]

Hi everyone,
I'm sponsoring my wife as inland- spousal and we're currently at the Background Check stage of the process (see timeline in signature). We did not use a lawyer.
She currently has status as an international student - expiring Aug 31st but, depending on where we are in the PR application (and OWP - submitted when we got the AOR), she might or might not apply again for the study permit.

Anyway, this is just to state that right now she has status that would allow her to travel.

A family emergency is coming up that might require her to travel to her home country for a few days - possibly a week (5 to 10 days at most).
We're trying to understand the impact to her application - is it different if she has current status that allows her to travel?
Do we need to ask IRCC permission, or should we tell them about this trip in advance or when she returns?
Any other consideration?

Thank you in advance!

When did your spouse stop studying. If not studying study permits can be cancelled so unless she recently graduated there is no guarantee she has a study permit. As stated as an inland applicant she is supposed to remain in Canada. IRCC seems to overlook short visits abroad but if she will be gone for a month or more you should consider applying Outland.

 

[Ponga]

PA cannot leave while the sponsorship in progress..if she leave the application will deemed as abandoned

NOT TRUE!

It IS true that if an Inland applicant leaves and IF the person is refused entry into Canada, THEN their application is toast.

https://dfimmigration.ca/how-to-immigrate-to-canada/inland-in-canada-sponsorship/

Leaving Canada while an Inland Sponsorship Application is in Process

It is a common misconception that once you file an inland sponsorship application for permanent residence in Canada, that the person being sponsored cannot leave Canada. This is not the case.


Applicants are allowed to enter and leave Canada even while their inland application is in process. However, it is important not to leave for frequent or extended periods because an application can be refused if an inland applicant is determined not to be residing in Canada.


While it is possible that an applicant could be prevented from entering Canada, this is primarily a danger if the applicant travels outside Canada for frequent trips and/or long periods while their application is in process. A reasonable expectation of travel during processing of an inland application is no more than twice per year, for a few weeks per trip. Family emergencies are also taken into consideration.

 

[colgate1]

5 to 10 day traveling outside Canada should be OK. However, if you wife is not from a visa exempt country and if she currently does not have a visa printed on her passport (as far as I know permit is not a travel document), I am afraid she may not be allowed back. This is what I heard.

 

[YVR123]

If OP's wife needs a visa to travel to Canada, even with valid study permit, she needs a TRV. Does she still have a valid TRV?

 

[Zuzu1983]

If OP's wife needs a visa to travel to Canada, even with valid study permit, she needs a TRV. Does she still have a valid TRV?

I guess? We went to the US for our honeymoon (before submitting the PR) and there were no problems coming back to Canada.

Anyway, now the situation is the following.

Her OWP was approved, and they also gave her an eTA..... even though her country is not eligible for eTA? Not sure what's going on there!