Canada has gotten better at preventing fraud but agree it is still an issue. Knowing that fraud is happening and not reporting it is also being part of the problems. The fact that lawyers are involved is even more troubling and are even better reasons for you to report them to the law society. You are also suffering from the negative consequences of allowing the fraud to persist. Sponsoring parents is a privilege that many would like to have in your place. Technically it says you need to be a resident (which is usually defined as being present in Canada) while you are sponsoring someone so taking short vacations is already not following the exact rules. It is really up to you how much risk you want to take and how desperate you are for your parents to immigrate to Canada. You may have plenty of holiday time because I would guess you don’t work a traditional 5 days a week and 40 hours a week like many in the North. There are better climates in other parts of Canada or winter activities like skiing to enjoy in more Southern regions or you could take a few short trips outside Canada during the winter and travel within Canada the other times. If you only have 8 weeks vacation you can only be outside for 8 weeks. 2 vacations of 2-3 weeks and the rest in Canada seems reasonable and will likely be overlooked. If you’re bored find some new friends, try some new activities, try finding a partner or just dating if you aren’t interested in anything serious ,etc. all these things make life more enjoyable.
Can I leave Canada after submitting Parents Sponsorship Application?
- Thread starter throwawayquestion123
- Start date
Hello all,
And thank you for the advice. I will not risk this, and will remain in Canada within the restrictions till my parents get approved.
Furthermore, I have dug deep into the meaning of resident in Canada for the IRCC, and my findings are posted on this thread:
Highly recommend to read if you are curious.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/can-you-leave-canada-when-you-submit-grand-parents-sponsorship-application-pgp.785162/
Thanks again
And thank you for the advice. I will not risk this, and will remain in Canada within the restrictions till my parents get approved.
Furthermore, I have dug deep into the meaning of resident in Canada for the IRCC, and my findings are posted on this thread:
Highly recommend to read if you are curious.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/can-you-leave-canada-when-you-submit-grand-parents-sponsorship-application-pgp.785162/
Thanks again
I read through this and two of the decisions that are linked, and it's very much worth reading. Most helpful that you linked these as I had not seen.
Based on this, I stand by my previous points (overall): the 'tax resident' argument is thoroughly buried, that is not the test they apply; the test they courts apply is actually fairly extensive (and I assume that IRCC internally uses some version of these tests even if in some modified or short form); being resident in Canada when you submit the application is actually a pretty hard stop; and some others overall that basically boil down to does the person appear to reside in Canada (employment, place to live, more ties un Canada than outside, etc) - but esp including physical presence.
Most controversially: the tests the courts/IAD apply is not limited to a simple 'short trips' heuristic, although 'short trips' may be a quite decent short cut to understanding cases where IRCC might start to consider whether the sponsor is resident in Canada or look into whether other aspects of these tests are met. The cases that I have seen where residency is questioned or decided against the sponsor all seem to have at their core a fact pattern of the sponsor either not being in Canada when application submitted, OR the sponsor being away for extended periods (multiple months, three months or more) and continuously, not periodic shorter trips. And to be blunt, most cases where the sponsor does not appear to be resident in Canada by any test, with only periodic presence in Canada during the [refused] sponsorship period.
Going back to your case: I think it is overly cautious to conclude that you cannot risk any travel abroad during your trip. But I don't blame you for not wishing to risk it and being cautious overall - it's what I'd recommend given the consequences even if I don't think two or three two week trips is all that risky (as informed by reading those cases).
And important to note: appealing a spnsorship refusal on this basis for a spousal sponsorship is mostly a non-starter, because it will almost always be quicker and more certain for the sponsor to return to Canada and sponsor anew. For a PGP app - appeal might be more of a possibility but the consequences of losing much more of a problem, because 'applying anew' would mean waiting for the lottery process to pick the sponsor again (and might well mean never).
Have also read but still incredibly subjective and most visa officers are unlikely to evaluate being a resident by the terms defined by Gao. Nobody has ever said that a trip or two every year for 2-3 weeks out of Canada will be an issue but longer spending a larger time out of Canada, especially for leisure versus business travel should probably be avoided especially for PGP which is hard to obtain.
With all of your comments and information given.
Thanks for all your comments.
With all this given, I am going to buckle down for the next 2-3years and make my trips short and limited. Not to mention that my parents have the supervisa, in which they can visit me here as well. I will work on expanding my online business and later, move on with my life elsewhere.
Thanks for all your comments.