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Vacation coming up - Spousal PR (Inland application) - Family sponsorship

litbitofmit

Newbie
Aug 22, 2024
3
0
I'm a Canadian citizen & my wife is on her work permit and has her temporary resident visa (TRV) valid until Jan 2025. We have submitted the spousal sponsorship inland application in March 2024 as we live together and she is working full time. Just recently received Spousal Approval letter so it seems like the application is moving fast. We initially expected to hear the decision in November as per their processing times (8 months). We have a prior vacation booked to Mexico from Oct 12 to Oct 18 to celebrate both our birthdays. It seems like we are waiting for the P1 email now. What do we do? Do we need to submit a webform notifying them that she will be outside Canada as we have our flights booked? I have heard that her work permit & TRV will be invalid once she receives her ECOPR. But can we travel before ecopr is received? Can she be denied entry to Canada even though she has valid TRV & work permit?

Not sure what to do in this case. Have spent about $4k on this vacation and I cannot cancel it for a refund. But I don't want to risk her being denied entry back to Canada even though she has her valid work permit & TRV on which basis she can be back in the country.

Our consultant is saying she cannot leave canada even for a day, it’s “the law”. I appreciate any light you can shed on this!
 

Ponga

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Oct 22, 2013
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I'm a Canadian citizen & my wife is on her work permit and has her temporary resident visa (TRV) valid until Jan 2025. We have submitted the spousal sponsorship inland application in March 2024 as we live together and she is working full time. Just recently received Spousal Approval letter so it seems like the application is moving fast. We initially expected to hear the decision in November as per their processing times (8 months). We have a prior vacation booked to Mexico from Oct 12 to Oct 18 to celebrate both our birthdays. It seems like we are waiting for the P1 email now. What do we do? Do we need to submit a webform notifying them that she will be outside Canada as we have our flights booked? I have heard that her work permit & TRV will be invalid once she receives her ECOPR. But can we travel before ecopr is received? Can she be denied entry to Canada even though she has valid TRV & work permit?

Not sure what to do in this case. Have spent about $4k on this vacation and I cannot cancel it for a refund. But I don't want to risk her being denied entry back to Canada even though she has her valid work permit & TRV on which basis she can be back in the country.

Our consultant is saying she cannot leave canada even for a day, it’s “the law”. I appreciate any light you can shed on this!
While there is always a risk that a non citizen or PR can be refused entry into Canada, your wife shouldn't worry too much about a one week vacation with you (her sponsor). Your consultant is wrong; there is no `law'. There is, however, this:

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html


Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker. If your spouse or common-law partner leaves Canada before becoming a permanent resident, they may not be allowed to come back. This is especially true if they need a Temporary Resident Visa or an eTA to enter Canada.

---

Notice the passive language in the above" ...CAN automatically... ...MAY not..., which does not mean either is mandatory.

---

https://dfimmigration.ca/2021/06/09/can-i-leave-canada-after-applying-for-inland-spousal-sponsorship/

Leaving Canada During Inland Sponsorship

There is no law or rule stating that a couple applying for sponsorship under the In-Canada class is forbidden from leaving Canada while the application is in process. This is one of the biggest sources of confusion and anxiety in Canadian immigration, and there is so much misinformation online. However, if you leave Canada after submitting an inland sponsorship application, you must be allowed to re-enter Canada in order for the application to eventually be approved.

How Long Can I Be Away From Canada During Inland Sponsorship?

Unlike the residency obligation for people who are already permanent residents/landed immigrants in Canada, there is no number of days that applicants for inland sponsorship are required to remain in Canada per year while their application is in process. What this means is that how much time you need to remain in Canada is at the discretion of the Canada Border Services Officer who is determining whether to allow you back into Canada, as well as at the discretion of the immigration officer who is making the decision on your sponsorship application and will know how long you were gone.


Since there is no set number of days you need to be in Canada, your best bet is to simply do the right thing and act in good faith, which goes very far with both CBSA and immigration officers. During processing of an Inland sponsorship application, we generally recommend that our clients not travel outside Canada more frequently than 4 times per year, for 2 – 4 weeks at a time, which is approximately the time that someone would normally spend on holiday. During processing, we recommend that our clients do not:


  1. Travel home to stay with family for long periods of time, or too frequently
  2. Fly to Las Vegas, the Caribbean, or other close yet international destinations every weekend
  3. Travel without the other half of the couple (sponsor or principal applicant) frequently or for long periods of time
  4. Do anything else that may make it appear that sponsor and spouse do not live in Canada together

If these conditions are too restrictive for your personal circumstances, it may be in your best interest to apply for sponsorship under the Family Class (Overseas), which will allow you to travel outside Canada as frequently as you like.


Never lose sight of the fact that 1. it is a privilege, not a right, for any person who is not a Canadian citizen or permanent resident to enter Canada, and 2. CBSA does not have to re-admit the principal applicant to Canada. If the principal applicant were to be trapped outside Canada, or if IRCC determined that either the sponsor or the applicant did not meet the eligibility requirements at any time during processing (see above), the In-Canada sponsorship application would be refused.
 

litbitofmit

Newbie
Aug 22, 2024
3
0
While there is always a risk that a non citizen or PR can be refused entry into Canada, your wife shouldn't worry too much about a one week vacation with you (her sponsor). Your consultant is wrong; there is no `law'. There is, however, this:

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html


Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker. If your spouse or common-law partner leaves Canada before becoming a permanent resident, they may not be allowed to come back. This is especially true if they need a Temporary Resident Visa or an eTA to enter Canada.

---

Notice the passive language in the above" ...CAN automatically... ...MAY not..., which does not mean either is mandatory.

---

https://dfimmigration.ca/2021/06/09/can-i-leave-canada-after-applying-for-inland-spousal-sponsorship/

Leaving Canada During Inland Sponsorship

There is no law or rule stating that a couple applying for sponsorship under the In-Canada class is forbidden from leaving Canada while the application is in process. This is one of the biggest sources of confusion and anxiety in Canadian immigration, and there is so much misinformation online. However, if you leave Canada after submitting an inland sponsorship application, you must be allowed to re-enter Canada in order for the application to eventually be approved.

How Long Can I Be Away From Canada During Inland Sponsorship?

Unlike the residency obligation for people who are already permanent residents/landed immigrants in Canada, there is no number of days that applicants for inland sponsorship are required to remain in Canada per year while their application is in process. What this means is that how much time you need to remain in Canada is at the discretion of the Canada Border Services Officer who is determining whether to allow you back into Canada, as well as at the discretion of the immigration officer who is making the decision on your sponsorship application and will know how long you were gone.


Since there is no set number of days you need to be in Canada, your best bet is to simply do the right thing and act in good faith, which goes very far with both CBSA and immigration officers. During processing of an Inland sponsorship application, we generally recommend that our clients not travel outside Canada more frequently than 4 times per year, for 2 – 4 weeks at a time, which is approximately the time that someone would normally spend on holiday. During processing, we recommend that our clients do not:


  1. Travel home to stay with family for long periods of time, or too frequently
  2. Fly to Las Vegas, the Caribbean, or other close yet international destinations every weekend
  3. Travel without the other half of the couple (sponsor or principal applicant) frequently or for long periods of time
  4. Do anything else that may make it appear that sponsor and spouse do not live in Canada together

If these conditions are too restrictive for your personal circumstances, it may be in your best interest to apply for sponsorship under the Family Class (Overseas), which will allow you to travel outside Canada as frequently as you like.


Never lose sight of the fact that 1. it is a privilege, not a right, for any person who is not a Canadian citizen or permanent resident to enter Canada, and 2. CBSA does not have to re-admit the principal applicant to Canada. If the principal applicant were to be trapped outside Canada, or if IRCC determined that either the sponsor or the applicant did not meet the eligibility requirements at any time during processing (see above), the In-Canada sponsorship application would be refused.

"Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker. If your spouse or common-law partner leaves Canada before becoming a permanent resident, they may not be allowed to come back. This is especially true if they need a Temporary Resident Visa or an eTA to enter Canada."

1. Why would leaving Canada cancel temporary resident status if its already valid until Jan 2025 in our case?
2. "This is especially true if they need a Temporary Resident Visa" - She already has a temporary resident visa which means she does not need one. So we should be ok to re-enter canada on the basis of her TRV right?

Thank you so much for clarifying. Our consultant is gaslighting us, I think he just wants another file off his plate. What I don't understand is he has been paid in full already so why won't he provide correct info?

Either ways, we were considering losing $4k and cancelling our vacation as the PR for her is more important right now since we have gone through the whole application and now waited over 5 months. I'm really hoping we are able to travel.