Thanks, yes our passports are with VAC, my only concern is would it constitute misrepresentation if in future they find out the sponsor was out of the country ? the PA did mention that all of us are out of country and gave a temporary address to CPC -Mississaguga when they asked for her adress . Her address is updated but the Sponsor address still shows Canada in the PA tracker
Leaving Canada Temporarily while spouse's PR (outland) is in progress Sponser being PR and sponsorship eligibility is Approved
- Thread starter garuda2020
- Start date
I understood your concern the first time. No.
CBSA does not care - not at all. IRCC call agents can give you their opinion on things like this, but are often wrong (and their opinion has no other value - you can't really complain later that 'the call agent told you so,' or at least not with any practical effect)
In your case: sure, you got by okay. But a) unless you specifically asked the IRCC call agent that you were going to be away for a long period of time, they could only respond in generalities; and b), see above - they are often wrong. There's no indication from the above that anyone at IRCC actually recorded or noted any 'reason' for you being outside of Canada (or indeed if they even noticed or checked that you were in Canada). Worth noting - from all the reports, I don't recall anyone being able to inform IRCC of a 'reason' for being away in any way that had an impact on their file. There could be some, just haven't heard of any.
As this thread has, I think, repeatedly stated: it's clearly 'allowed' to be outside Canada for 'short trips.' Beyond that, they can delay or refuse if they wish. It's impossible to tell how often they even check for sponsor being in Canada.
Rather like speeding tickets, some/many/most not get ticketed, but if/when you get caught, 'other people didn't get caught' is not a valid defense. In fact, there's not really a 'defense' at all, because in almost all cases, it will make more sense to simply re-apply than appeal.
What we're left with is: a lot of speeders don't get caught, but some do. Up to the applicant and spouse whether they wish to chance it.
The experience described above speaks to randomness of the process, not to its stated procedures and protocols. As always, buyer beware 
what I really mean is that the IRCC case officer missed checking to see if sponsor is still living in Canada. But things like that happens and as armoured's reply, it's by chance.
CBSA don't care. It's not part of their job. It's up to IRCC if the COPR is issued.
Per the trail, IRCC phone agents and CPC officials were informed about the trip by the OP .
For anyone freaking out about such a case- I dug the forum and found that in the case being referred the Spouse and sponsor had applied as INLAND and then the spouse went to Korea. Now while they were out of canada they got an ecopr. When they said they are outside Canada, their eCOPR was cancelled and was asked to apply again .
IMO , it wouldnt have happened if
1. They had updated their address
2. Applied under family class and also updated their address after leaving Canada.
The way this case was presented was as if the COPR was cancelled after they found out the sponsor travelled abroad.
There are inland cases that got refusal cos the PA and the sponsor left the country. But we've seen PFL for outland where the sponsor moved out and even for citizen sponsor to provide more proof of relocating back to Canada.
Again it's up to the case officer to even look at if the PR sponsor live in Canada while sponsoring a family. And there is no consistency. (e.g. 3 months is ok, 8 months is not ok....etc)
Specially during COVID, they are more forgiving on people stuck outside and unable to travel back.
Agreed with all the points however i think if a sponsor (under family class) needs to travel abroad for an extended period of time due to a genuine reason , they should just inform IRCC and the likelihood of their application being rejected is unlikely or theoritical at best
As has been explained: literally not the job of CBSA, they do not care. And phone agents may at most make a note to file, but probably see this as a question being asked and don't make a note to file.
Sure. Believe what you like. We have seen cases though where IRCC was informed and ... file delayed or PFL.
You got lucky and your agent doesn’t know what they are talking about so would be reluctant to use them again. Having ties to Canada like employment and working remotely while abroad does not overcome a residency requirement. The fact that you applied and left right away makes you even luckier? It also appears as you may have known that you were going back to India when you applied? It also looks like you may have been married for years and your wife only recently came to Canada and returned so after. How long did she spend in Canada? Had she left her job in India or did she work when you returned to India. Do you have documents that show that the medical emergency was for the full 6 months with hospital records and medical files? How fast did you return to Canada after your passports were stamped? Did the webform your spouse spent specify how long you would be gone? Typically when people leave Canada for a family medical emergency they leave for a few weeks maximum. Leaving a few weeks is typcially overlooked. Was your spouse contacted for virtual landing and asked to confirm she was in Canada? Did you submit your passport on your own or was she directed to submit her passport in India? Your spouse needs to reapply for their health card since they did not meet the residency requirement to qualify for healthcare in any province. You may also be required to reapply for a new health card depending on how many days you spent outside Canada throughout 2023 and depending on the province how much time you spent in your province throughout the past few years. If you don’t reapply you can be asked to repay for any care you receive.
In general people should follow the rules. They can then rest easy and not stress that when they apply for PR renewal or citizenship someone realizes they never met the requirements. I think there is a very good hears you will get away for not meeting the requirements but why risk the stress for hears for the around 5% of uncertainty.. It’s also unclear if you are compliant with your RO.
In general people should follow the rules. They can then rest easy and not stress that when they apply for PR renewal or citizenship someone realizes they never met the requirements. I think there is a very good hears you will get away for not meeting the requirements but why risk the stress for hears for the around 5% of uncertainty.. It’s also unclear if you are compliant with your RO.
Sure. Believe what you like. We have seen cases though where IRCC was informed and ... file delayed or PFL.
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This - exactly is what i was trying to look for and couldnt find any examples of, except the one case the user @yourfather shared details of (leaving Canada for Europe for a really long time and establishing residency there)
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This - exactly is what i was trying to look for and couldnt find any examples of, except the one case the user @yourfather shared details of (leaving Canada for Europe for a really long time and establishing residency there)
Here's one: 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-9759225
-Just to summarize the case: only a 3-4 month absence from Canada, informed them of the temporary absence, call centre agent misinformed, had clear residency/employment ties in Canada, etc. Outright refusal, had to start application again - no PFL (because, I believe, sponsor ineligibility is not appealable, but not certain on that part). Lawyer advised no point in appealing.
Note, as I recall in your post earlier in this thread, you asked above here whether it would be an issue or misrepresentation if the PA had the COPR, and were informed a couple times 'no.' Because we were aware that this is not CBSA's issue and the agents there do not care. Then you asked when landing and ...exactly as we are saying.