Leaving Canada for 3-4 months while waiting for BG and Eligibility (Outland)

[Sadko]

Hi,
As the title says, planning to visit my spouse (applicant) and stay in my home country for 3-4 months.
Nov 2021, Outland Sponsorship, medical is completed, but applicant BG and Eligibility has not started yet.
Has anybody been in the same situation, is it safe enough or might be rejected?
Update
I am a sponsor, PR holder

 

[scylla]

Hi,
As the title says, planning to stay in my home country for 3-4 months.
Nov 2021, Outland Sponsorship, medical is completed, but applicant BG and Eligibility has not started yet.
Has anybody been in the same situation, is it safe enough or might be rejected?

Are you the sponsor or the applicant? If the sponsor, are you a citizen or PR?

 

[Sadko]

Are you the sponsor or the applicant? If the sponsor, are you a citizen or PR?

I am a sponsor, PR

 

[scylla]

I am a sponsor, PR

That's too long to leave Canada in that case and could jeopardize your application. Keep the trip under a month to be safe.

 

[jaffaral]

That's too long to leave Canada in that case and could jeopardize your application. Keep the trip under a month to be safe.

What about 30 days exactly

 

[scylla]

What about 30 days exactly

I'm not IRCC. However my guess is that it should be fine provided it's one trip and you're not doing this repeatedly (i.e. in and out of Canada frequently).

 

[jaffaral]

I'm not IRCC. However my guess is that it should be fine provided it's one trip and you're not doing this repeatedly (i.e. in and out of Canada frequently).

Thanks

 

[citizenshipcanada]

Hi,
As the title says, planning to visit my spouse (applicant) and stay in my home country for 3-4 months.
Nov 2021, Outland Sponsorship, medical is completed, but applicant BG and Eligibility has not started yet.
Has anybody been in the same situation, is it safe enough or might be rejected?
Update
I am a sponsor, PR holder

no problem with the 3-4 month ,as long as your claimed income for the whole year still falls under your financial capabilities .that will be the only issue you will face .

 

[armoured]

no problem with the 3-4 month ,as long as your claimed income for the whole year still falls under your financial capabilities .that will be the only issue you will face .

This is wrong. As a PR sponsor, you are required to reside in Canada throughout, 'short trips okay.' (Short trips is not defined but 30 days a reasonable guideline).

Yes, there ARE sponsors who have had their cases rejected in these cases.

And of course, there are sponsors who have not had issues - they got lucky, it is never clear how strict enforcement is. There are also drivers who have driven on the highway outside Toronto at 160km/h without getting in trouble - but those who do get caught can and do have their cars seized, and "but that other guy got away with it" is not a defence.

 

[citizenshipcanada]

This is wrong. As a PR sponsor, you are required to reside in Canada throughout, 'short trips okay.' (Short trips is not defined but 30 days a reasonable guideline).

Yes, there ARE sponsors who have had their cases rejected in these cases.

And of course, there are sponsors who have not had issues - they got lucky, it is never clear how strict enforcement is. There are also drivers who have driven on the highway outside Toronto at 160km/h without getting in trouble - but those who do get caught can and do have their cars seized, and "but that other guy got away with it" is not a defence.

when you dont have a law stating a one month and a 4 month vacation period in sequence PR is not a prison ,PR is and will always be a status of residency and thats what should be kept in Mind .my answer was a statement of the facts about the guidelines within IRCC and not a personal opinion ,as for the 160km/h over speeding ...there is a law about that .

 

[scylla]

no problem with the 3-4 month ,as long as your claimed income for the whole year still falls under your financial capabilities .that will be the only issue you will face .

We've seen several people here refused for visits that were this long.

 

[citizenshipcanada]

We've seen several people here refused for visits that were this long.

looking for a law here ,or a statement from IRCC about this subject which no one can find ,and not adding my personal opinion nor contradicting anyone .
There is no requirement that you (the sponsor) or your co-signer (if applicable) have been a permanent resident, Canadian citizen or Status Indian for the 3 years immediately preceding your application to sponsor in order to be eligible to sponsor your parents and grandparents; however, you must be a Canadian citizen, permanent resident or Status Indian living in Canada when you submit the application.
and living in Canada is not defined by one month even under the restrictions of IRCC

 

[armoured]

looking for a law here ,or a statement from IRCC about this subject which no one can find ,and not adding my personal opinion nor contradicting anyone .
There is no requirement that you (the sponsor) or your co-signer (if applicable) have been a permanent resident, Canadian citizen or Status Indian for the 3 years immediately preceding your application to sponsor in order to be eligible to sponsor your parents and grandparents; however, you must be a Canadian citizen, permanent resident or Status Indian living in Canada when you submit the application.
and living in Canada is not defined by one month even under the restrictions of IRCC

Here's a thread with more detail and concrete examples:
https://www.canadavisa.com/canada-immigration-discussion-board/posts/9759225/

"Living in Canada" - as you'll see from sources in that thread, regs and published docs do say short trips are allowed. If you think longer than one month will still fall under that and there's no risk, by all means - it's your life. But there is a risk. It's up to any applicant and sponsor to decide what risk is acceptable.

 

[citizenshipcanada]

Here's a thread with more detail and concrete examples:
https://www.canadavisa.com/canada-immigration-discussion-board/posts/9759225/

"Living in Canada" - as you'll see from sources in that thread, regs and published docs do say short trips are allowed. If you think longer than one month will still fall under that and there's no risk, by all means - it's your life. But there is a risk. It's up to any applicant and sponsor to decide what risk is acceptable.

sad part about these stories there is always something missing ,and to your point everyone is responsible about his own decision ,but nothing here again proves a thing about a law people here tel us a version of a story that they understood or thought they did .and i was simply asking about a phrase or a law that states that if you leave Canada you are bound by a time versus ( the person that you referred to stated clearly that she was told you where not residing in Canada and that for sure it wasnt only about a 4 month thing it was much more then that ,even an immigration officer cannot create a story on your behalf there is another side of the story .

 

[armoured]

and i was simply asking about a phrase or a law that states that if you leave Canada you are bound by a time

Here is a more detailed link to the regulations and operating guidelines:
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/post-9358435

This is how the 'law' works in this case - the relevant law says that IRCC determines through published regulations (I think order-in-council but not certain) what is required of a sponsor, and that says 'resident' in Canada. There's a further explanation in the operating guidelines that 'short trips are ok' (paraphrasing).

I have said repeatedly: that's as specifically defined as it gets. You can interpret that however you like. HOWEVER: we have cases where those outside Canada for much longer than a month have had their applications refused. Hence as a prudent guideline to others, saying 'a month' is pretty good. Those who wish to risk it are free to do so.

As that thread notes however: be aware that there is no effective appeal procedure that applies, because re-applying while the sponsor is in Canada is far more practical. And hence any quasi-legal arguments about what exactly 'resident' means are stupid.

versus ( the person that you referred to stated clearly that she was told you where not residing in Canada and that for sure it wasnt only about a 4 month thing it was much more then that ,even an immigration officer cannot create a story on your behalf there is another side of the story .[/QUOTE]

See above: there is no venue or opportunity in which to explain 'your side of the story' (if that's indeed what your point is, having trouble parsing your language). IRCC is free to decide that you've exceeded their guidelines for 'short trips' and refuse the application.

As for the specific case you seem to be disputing the completeness of, here's the direct quote: "will come and say that I left Canada and I was visiting my husband for 4 months then they rejected our application on the grounds of me not being in Canada. I Applied for him since February 2020 and they freaking rejected the application after 3 months of knowing that I'm out of Canada..."

This does not seem to correspond at all to what you're stating. Sponsor says was out of Canada for four months and app was refused after three. Not a complicated story really.