Principal Applicant Leaving Canada during Inland PR application

[apache5021]

Hi apache, Apologies for pulling up an old post. Could you please tell me what you did in the situation. My spouse's inland application is in the process and I want to know if she can travel for two weeks!

Hi, I filed my application and left for about 28 days and then returned to Canada. That was the time period when my application was received by CIC and the AOR was issued. The AOR was issued nearly after 6 weeks, and I was back by then and have not left Canada after that. While I had to re-enter Canada, My TRV etc was valid. Hope this helps.

 

[NHLNFL]

Hi apache, Apologies for pulling up an old post. Could you please tell me what you did in the situation. My spouse's inland application is in the process and I want to know if she can travel for two weeks!

Doubling on this post, did you end up leaving or getting an answer?

 

[prashant.kr05]

No, she did not travel --- I read across other forums; people say that you can travel but if you are stopped at the border while returning then your application is discarded. So it's a risk game. I would suggest checking this with the senior members of the forum

 

[NHLNFL]

No, she did not travel --- I read across other forums; people say that you can travel but if you are stopped at the border while returning then your application is discarded. So it's a risk game. I would suggest checking this with the senior members of the forum

Okay! I figured I would check. Almost everyone says they do not know anyone that has had issues reentering Canada. They say with an OWP as well, they generally don't even ask any questions.

Thank you for your response! Also, how is your inland app going?

 

[Chuckus]

Okay! I figured I would check. Almost everyone says they do not know anyone that has had issues reentering Canada. They say with an OWP as well, they generally don't even ask any questions.

Thank you for your response! Also, how is your inland app going?

I travelled for a little and didn’t have any problems getting back in with my TRV saw my mom coworkers etc...I think once is ok but not more than one trip.

 

[canuck78]

The other issue is that you are expected to remain in Canada to qualify for inland. 2-3 weeks out of Canada seem to be tolerated but others have been refused if CIC realizes you have spent a month or more outside of Canada. You'd have to apply again.

 

[NHLNFL]

The other issue is that you are expected to remain in Canada to qualify for inland. 2-3 weeks out of Canada seem to be tolerated but others have been refused if CIC realizes you have spent a month or more outside of Canada. You'd have to apply again.

I am only going 10 days and it's to my country of citizenship, USA. I am going on holiday with my sponsor too which will help

 

[wasiqjaved]

As per dual-intent (IRPA Subsection 22(2)), you are allowed to leave Canada and re-enter as a temporary resident while your inland application is in progress. Having two intents is legitimate, but you must have an intention to leave Canada after your authorized stay, regardless of the outcome of any future potential permanent residence application. The possibility that an applicant for temporary residence may, at some point in the future, be approved for permanent residence does not absolve the individual from meeting the requirements of a temporary resident, specifically, to leave Canada at the end of the period authorized for their stay. You don't "prove" dual-intent to gain entry. Dual-Intent simply means that you can have one intention to stay in Canada temporarily and one to stay in Canada permanently.(Court case)

HOWEVER, every time you re-enter, there's a risk of you being on temporary resident visa being denied entry (for many other number of reasons). Once you are denied entry, PA become ineligible and inland application is considered abandoned. That is why it is not advisable to leave Canada too often when applied Inland. Rule of the INLAND app is that both sponsor and applicant are cohabiting IN CANADA for duration of processing. Once visa officer learns you've left Canada long term, they will probably reject the application since you no longer qualify for inland processing.

Secondly, having a valid work permit doesn't guarantee you re-entry. For re-entry, you either need Valid Temporary Resident Visa (counterfoil/sticker in passport) or ETA.

Source(s):
IRCC Official : Can I leave Canada while IRCC processes my application for permanent residence?
IRCC Official : ENF 4 - POE Examinations - Section 14
IRCC Official : IP 2 - Processing Applicants to Sponsor Members of the Family Class
IRCC Official : IP 8 - Spouse or Common-law partner in Canada Class
[21 Sep 2018] My experience reentering without status during inland PR application
[10 Jan 2018] Leaving Canada on long term during inland PR application
[05 Jan 2011] Leaving Canada while Inland PR application in process
[22 Jul 2018] Can you leave Canada for an emergency while inland sponsorship in progress ?
[31 Dec 2017] Dual Intent entry, my experience.
[06 Oct 2018] [Urgent][Worried] Leaving Canada during an Inland Sponsorship Application for 2 Weeks.

 

[NHLNFL]

As per dual-intent (IRPA Subsection 22(2)), you are allowed to leave Canada and re-enter as a temporary resident while your inland application is in progress. Having two intents is legitimate, but you must have an intention to leave Canada after your authorized stay, regardless of the outcome of any future potential permanent residence application. The possibility that an applicant for temporary residence may, at some point in the future, be approved for permanent residence does not absolve the individual from meeting the requirements of a temporary resident, specifically, to leave Canada at the end of the period authorized for their stay. You don't "prove" dual-intent to gain entry. Dual-Intent simply means that you can have one intention to stay in Canada temporarily and one to stay in Canada permanently.(Court case)

HOWEVER, every time you re-enter, there's a risk of you being on temporary resident visa being denied entry (for many other number of reasons). Once you are denied entry, PA become ineligible and inland application is considered abandoned. That is why it is not advisable to leave Canada too often when applied Inland. Rule of the INLAND app is that both sponsor and applicant are cohabiting IN CANADA for duration of processing. Once visa officer learns you've left Canada long term, they will probably reject the application since you no longer qualify for inland processing.

Secondly, having a valid work permit doesn't guarantee you re-entry. For re-entry, you either need Valid Temporary Resident Visa (counterfoil/sticker in passport) or ETA.

Source(s):
IRCC Official : Can I leave Canada while IRCC processes my application for permanent residence?
IRCC Official : ENF 4 - POE Examinations - Section 14
IRCC Official : IP 2 - Processing Applicants to Sponsor Members of the Family Class
IRCC Official : IP 8 - Spouse or Common-law partner in Canada Class
[21 Sep 2018] My experience reentering without status during inland PR application
[10 Jan 2018] Leaving Canada on long term during inland PR application
[05 Jan 2011] Leaving Canada while Inland PR application in process
[22 Jul 2018] Can you leave Canada for an emergency while inland sponsorship in progress ?
[31 Dec 2017] Dual Intent entry, my experience.
[06 Oct 2018] [Urgent][Worried] Leaving Canada during an Inland Sponsorship Application for 2 Weeks.

Nothing guarantees reentry, correct?

Being Visa-exempt or having one is like phase 1. Phase 2 is obtaining a visitor, work, or study permit.

I understand what you're sayin . It would be illogical to be outside of Canada for more than a total of 2 weeks

 

[wasiqjaved]

Nothing guarantees reentry, correct?

Being Visa-exempt or having one is like phase 1. Phase 2 is obtaining a visitor, work, or study permit.

I understand what you're sayin . It would be illogical to be outside of Canada for more than a total of 2 weeks

Except for being a Canadian Citizen, nothing guarantees re-entry (especially in TRV cases)

Being Visa-exempt, if you don't have TRV issued on your passport, you must have ETA for re-entry. Being visa-exempt, if you have work permit or study permit issued on your passport, your don't need ETA. (US nationals are exempted from ETA)
Being non-Visa-exempt, you must have TRV issued on your passport for re-entry.

True! Only travel if it's super urgent and make that trip as short as you possibly can.

 

[Chuckus]

The other issue is that you are expected to remain in Canada to qualify for inland. 2-3 weeks out of Canada seem to be tolerated but others have been refused if CIC realizes you have spent a month or more outside of Canada. You'd have to apply again.

I dont think that is why they are refused there must be other reasons. It seems ridiculous to me if you are here for a year living with your spouse if you are even to leave for 5 weeks-6 weeks max out of a year that can not be a problem. that means you are with your spouse lfor 10 months out of 12 months so that cant be a reason for refusal that is life in general sometimes when you have family friends etc

 

[Chuckus]

Okay! I figured I would check. Almost everyone says they do not know anyone that has had issues reentering Canada. They say with an OWP as well, they generally don't even ask any questions.

Thank you for your response! Also, how is your inland app going?

It cant become a habit but one time is OK.

 

[kcward7]

I dont think that is why they are refused there must be other reasons. It seems ridiculous to me if you are here for a year living with your spouse if you are even to leave for 5 weeks-6 weeks max out of a year that can not be a problem. that means you are with your spouse lfor 10 months out of 12 months so that cant be a reason for refusal that is life in general sometimes when you have family friends etc

If IRCC got wind of being outside of Canada for this length of time (3-ish weeks or more) it is grounds for refusal and has happened in the past.

 

[kcward7]

It cant become a habit but one time is OK.

Please don't spread misinformation, IRCC has rejected applications for not meeting the inland requirement.

 

[Chuckus]

Please don't spread misinformation, IRCC has rejected applications for not meeting the inland requirement.

for married couples? how is living together for 10 months and visiting your family for 4 weeks not meeting the requirement that is being here 85% of a year inland...maybe for cohabiting couples but for married couples I do not think that is misinformation