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Leaving Canada Temporarily while spouse's PR (outland) is in progress Sponser being PR and sponsorship eligibility is Approved

richi93

Star Member
Mar 28, 2018
63
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chandigarh
NOC Code......
0711
You can search the forum for some examples. There are examples. The search function isn’t great on the forum so not going to spend my time trying to find the posts. It is pretty clear in the application instructions that a PR must be living in Canada to sponsor a spouse. Landing in Canada together has nothing to do with COPR being cancelled. Most are denied before getting COPR although I have seen a case where a COPR was cancelled after being issues after it was discovered that a spouse had been abroad. Why risk the application being refused? Also not follow the application instructions could lead to scrutiny of any future applications.
I am looking for such particular case only-
"Most are denied before getting COPR although I have seen a case where a COPR was cancelled after being issues after it was discovered that a spouse had been abroad. "
 

canuck78

VIP Member
Jun 18, 2017
55,426
13,457
I am looking for such particular case only-
"Most are denied before getting COPR although I have seen a case where a COPR was cancelled after being issues after it was discovered that a spouse had been abroad. "
You’re going to have to search to forum on your own for the examples. As already said the search function is not great on this forum and will not be spending hours finding examples for you. It is specified that PRs are required to be living in Canada to sponsor a spouse so it shouldn’t be surprising that people are often refused sponsorship if spending more than a short vacation abroad. Some people get away with it if not caught but if you do get caught that would mean wasting around a year and then have to return to Canada to sponsor again.
 

YVR123

VIP Member
Jul 27, 2017
7,370
2,862
I am looking for such particular case only-
"Most are denied before getting COPR although I have seen a case where a COPR was cancelled after being issues after it was discovered that a spouse had been abroad. "
If you want to take the risk, go ahead. Having 1 case of refusal and having 1 case of approval do not proof anything.
You can't find out how frequently someone get caught speeding and try to see if you want to take the risk of getting a ticket by calculating the risk factor. (well, that risk is much smaller than getting a refused application. )But the data available for PR family sponsorship is not enough to do such calculation.
But you sure can apply again if yours get refused. It's just time and money.
 

scylla

VIP Member
Jun 8, 2010
95,770
22,060
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Just curious - I see people talking about PFL here , are PFL issued for cases other than misrepresentation as well ?
what is the worst That can happen when sponsor travels abroad? Rejection or misrepresentation
PFLs can be issued for many different reasons, not just misrepresentation. A PFL is a letter that communicates that IRCC intends to deny your application for some reason and which provides you one last chance to respond to address the concerns. If the sponsor travels abroad for a period of time that is unacceptable to IRCC, it would just be a straight refusal for not meeting sponsor eligibility requirements, not misrepresentation.
 
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canuck78

VIP Member
Jun 18, 2017
55,426
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PFLs can be issued for many different reasons, not just misrepresentation. A PFL is a letter that communicates that IRCC intends to deny your application for some reason and which provides you one last chance to respond to address the concerns. If the sponsor travels abroad for a period of time that is unacceptable to IRCC, it would just be a straight refusal for not meeting sponsor eligibility requirements, not misrepresentation.
I have seen some PFLs asking for proof that you were in Canada during a period of time before a refusal. Think that if discovered that you were out of Canada after the sponsor eligibility period then you may get a PFL.
 

armoured

VIP Member
Feb 1, 2015
17,132
8,784
I have seen some PFLs asking for proof that you were in Canada during a period of time before a refusal. Think that if discovered that you were out of Canada after the sponsor eligibility period then you may get a PFL.
I believe in this thread there was a case of someone who was refused outright - no PFL - as the sponsor was simply not eligible. Because there are some questions of eligibility that do not require them to issue a PFL, acc to regs - not to mention that of course sometimes they may just make a mistake and skip the PFL.

And as we've stated here multiple times: sure, you can appeal. But if the appeal process takes longer than the sponsor simply returning to Canada and filing anew, the appeal is a waste of time and money. So while there is a paper right to due process, in practice exercising that right may be pointless.
 

canuck78

VIP Member
Jun 18, 2017
55,426
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I believe in this thread there was a case of someone who was refused outright - no PFL - as the sponsor was simply not eligible. Because there are some questions of eligibility that do not require them to issue a PFL, acc to regs - not to mention that of course sometimes they may just make a mistake and skip the PFL.

And as we've stated here multiple times: sure, you can appeal. But if the appeal process takes longer than the sponsor simply returning to Canada and filing anew, the appeal is a waste of time and money. So while there is a paper right to due process, in practice exercising that right may be pointless.
So it seems as though if you get denied for not being in Canada during sponsorship period after passing the sponsor eligibility portion then you’ll get a PFL. People also assume that if you pass the sponsor approval portion of your application you can be outside of Canada and it won’t be an issue which isn’t the case. If discovered at any point before landing the sponsorship can be denied. Not everyone gets caught but it is a huge risk to be outside of Canada during the sponsorship period as a PR.
 

Cold_dubai

Newbie
Oct 17, 2022
6
0
hello, I applied for spousal sponsorship (outland) to bring my wife here to Canada, and waiting for AOR. I asked my IRCC Consultant about leaving Canada after submitting the online application, and he said Just wait for the AOR, then you are good to leave Canada. and at the same time I asked my friend who is also an Ircc consultant he said you can leave Canada after submitting the file, as the IRCC representative checks whether the documents are complete or not.
 

armoured

VIP Member
Feb 1, 2015
17,132
8,784
hello, I applied for spousal sponsorship (outland) to bring my wife here to Canada, and waiting for AOR. I asked my IRCC Consultant about leaving Canada after submitting the online application, and he said Just wait for the AOR, then you are good to leave Canada. and at the same time I asked my friend who is also an Ircc consultant he said you can leave Canada after submitting the file, as the IRCC representative checks whether the documents are complete or not.
Are you asking a question?

Have you read the thread?
 

Downtown_YYZ Guy

Star Member
Sep 22, 2022
92
14
I have seen some PFLs asking for proof that you were in Canada during a period of time before a refusal. Think that if discovered that you were out of Canada after the sponsor eligibility period then you may get a PFL.
So again just to reiterate, the worst that can happen is sponsorship rejection and misrepresentation:?
 

armoured

VIP Member
Feb 1, 2015
17,132
8,784
Sorry I meant - sponsor travelling abroad can lead to rejection and NOT Misrepresentation?
It wouldn't automatically lead to misrepresentation - you'd have to materially and explicitly state at some point you are in Canada when that's not the case.

So one could probably come up with a scenario where it might arise but on the basic factset - sponsor applied while physically in Canada and then left afterwards - no, there's no event or communication that would be misrepresentation. (If they call you later to ask and you lie - yep, that would be).
 
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Downtown_YYZ Guy

Star Member
Sep 22, 2022
92
14
I am a PR and I applied to sponsor my wife but left canada 5 months ago due to a family issue. My wife sent an email with her and my current temporary Indian address to her CPC but while her address is updated in the portal, mine is not and still shows the Canadian address for me (in sponsor portal) . Should I raise another webform to update my address to ensure no risk of misrepresentation ?

Wife received PPR yesterday so the file is closed and we plan to travel in 2 weeks .
 

armoured

VIP Member
Feb 1, 2015
17,132
8,784
I am a PR and I applied to sponsor my wife but left canada 5 months ago due to a family issue. My wife sent an email with her and my current temporary Indian address to her CPC but while her address is updated in the portal, mine is not and still shows the Canadian address for me (in sponsor portal) . Should I raise another webform to update my address to ensure no risk of misrepresentation ?

Wife received PPR yesterday so the file is closed and we plan to travel in 2 weeks .
No, do not do this extra step. Send in passport for pppr and return.

Notw, two weeks might be a bit tight, would be cautious about tickets that can't be changed.
 
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