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Spouse PR, sponsor travelling

vrk1990

Star Member
Sep 28, 2017
54
4
Can I leave Canada during spousal sponsorship application. I want visit my wife for a period of 45 days while they are reviewing our application. Is there any problem in it. I am currently waiting for the AOR2. The SA is approved
 

kcward7

VIP Member
May 4, 2017
3,788
1,436
Can I leave Canada during spousal sponsorship application. I want visit my wife for a period of 45 days while they are reviewing our application. Is there any problem in it. I am currently waiting for the AOR2. The SA is approved
No issues if you are the sponsor.
 

kcward7

VIP Member
May 4, 2017
3,788
1,436
I have a PR. Do I need to infrom CIC about it
Who can become a sponsor
You can become a sponsor if you are:

  • at least 18 years old
  • a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident living in Canada:
    • If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative(s) become(s) a permanent resident.
    • You can’t sponsor someone if you are a permanent resident living outside Canada.
  • able to prove that you are not receiving social assistance for reasons other than a disability, and;
  • can provide for the basic needs of any person you are sponsoring (and in some limited situations, that you meet the low-income cut-off).

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

You must remain inside Canada.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Can I leave Canada during spousal sponsorship application. I want visit my wife for a period of 45 days while they are reviewing our application. Is there any problem in it. I am currently waiting for the AOR2. The SA is approved
You can go for a few weeks. 45 days is too long and you risk IRCC deciding you are not residing in Canada and refusing the app.
 
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YVR123

VIP Member
Jul 27, 2017
7,456
2,918
Hi Guys,
I just spoke with my immigration lawyer, Sponsor does not have any travel restriction. Even if he holds a permanent resident of Canada
It's not a travel restriction.
But leaving Canada for a long period of time shows that you do not "live in" Canada any more.

And no one know exactly how long is too long to be outside. And most would like to play safe and a couple of weeks is a normal "vacation duration". Anything more than that, it's hard to tell. (likely case by case)

It's up to you on how much risk you want to take.
 

Synoptic

Hero Member
Jan 20, 2018
345
183
Can I leave Canada during spousal sponsorship application. I want visit my wife for a period of 45 days while they are reviewing our application. Is there any problem in it. I am currently waiting for the AOR2. The SA is approved
You have almost the exact same question and situation as me. Mine is due to given opportunity of working remotely and flight allowance from my employer. I was planning on staying at where my wife is for 3 months, so I had to call IRCC this morning. Here's the info given to me:

The law/rule is that a PR has to be residing in Canada throughout the application process. That means that the sponsor's address has to be Canadian. This doesn't apply however if you're on vacation because it's really up to you how and where you want to spend your vacation. The catch is that the length of allowable time above the regular 2-3 weeks away from the country is really up to the discretion of the officer handling your case. Canadian law likes to be vague and more open for interpretation, so there are a lot of grey area. They would usually give you "Procedural Fairness", however, to give you a chance explaining why you were away for that long. In my case, the agent suggested that since mine is work-related, I should ask my employer for a supporting letter that it's approved by them and state that they want me to go back in the country at a certain time. Even though I might be able to go away with up to 2+ months of absence, I'm probably just going for 1 to 1.5 months MAX. In the end, it's really up to how much you're willing to risk.
 
M

mikeymyke

Guest
Hi Guys,
I just spoke with my immigration lawyer, Sponsor does not have any travel restriction. Even if he holds a permanent resident of Canada
No one said there's a travel restriction, there's a residency restriction. If you're out of Canada for a long time, you're technically not living there anymore, and PRs have to be living in Canada to sponsor.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
There are many cases on the forum where the PR sponsor spent a few months outside of Canada during the sponsorship process and ended up with the app refused.

If you are happy to risk the sponsorship app, go for it.
 
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