Visiting spouse/ going outside country during outland spousal application process

[newuser4567]

Hi,

My spousal application is outland. I am planning to visit my spouse in home country but due to covid there is a possibility that I might not be able to come back soon maybe it might be more than 2 to 3 months to return depending on flights bringing people back. If someone is outside Canada for three to four months while the spousal application is in process does it affect the application? I have not yet received the AOR1 so the file processing hasnt started I believe.

 

[canuck78]

If you are a PR and you stay out of Canada for nore than 2-3 weeks and CIC discovers it your application should be refused. If you go abroad you will also have to cancel your CERB.

 

[newuser4567]

If you are a PR and you stay out of Canada for nore than 2-3 weeks and CIC discovers it your application should be refused. If you go abroad you will also have to cancel your CERB.

I am not taking CERB so not worried about that.
So we cannot be outside for more than 2 3 weeks once the application process starts (that is once we receive AOR 1) or after we have submitted the application? I have submitted application but there is no response so basically application process has not started and so can I go for longer now till I get AOR 1?

 

[mashulia_26]

I am not taking CERB so not worried about that.
So we cannot be outside for more than 2 3 weeks once the application process starts (that is once we receive AOR 1) or after we have submitted the application? I have submitted application but there is no response so basically application process has not started and so can I go for longer now till I get AOR 1?

Average processing time is 12 months from the day they receive your application (not the day they start working on it), this means you have to stay in canada for the duration of the whole process (since the day they receive it) except for the short trips.

 

[newuser4567]

Average processing time is 12 months from the day they receive your application (not the day they start working on it), this means you have to stay in canada for the duration of the whole process (since the day they receive it) except for the short trips.

Thank you for your response. Can you please provide cic website link or any document link by them where it says that as PR the sponsor has to be present in Canada throughout application process? I have been finding it online but unable to find.

 

[newuser4567]

If you are a PR and you stay out of Canada for nore than 2-3 weeks and CIC discovers it your application should be refused. If you go abroad you will also have to cancel your CERB.

Thank you for your response. Can you please provide cic website link or any document link by them where it says that as PR the sponsor has to be present in Canada throughout application process? I have been finding it online but unable to find.

 

[mashulia_26]

Thank you for your response. Can you please provide cic website link or any document link by them where it says that as PR the sponsor has to be present in Canada throughout application process? I have been finding it online but unable to find.

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#eligibility
Requirement to become a sponsor ....so you have to live in canada to qualify

• You can’t sponsor someone if you’re a permanent resident living outside of Canada

 

[newuser4567]

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#eligibility
Requirement to become a sponsor ....so you have to live in canada to qualify

• You can’t sponsor someone if you’re a permanent resident living outside of Canada

But I believe this is for at the time of sponsoring. Like if you are living outside you cannot sponsor from there. You have to be in Canada to sponsor. But it doesnt say that once you are here and have sponsored you cannot go back and visit spouse for longer periods. Am I correct?

 

[mashulia_26]

But I believe this is for at the time of sponsoring. Like if you are living outside you cannot sponsor from there. You have to be in Canada to sponsor. But it doesnt say that once you are here and have sponsored you cannot go back and visit spouse for longer periods. Am I correct?

It clearly states that you cannot be a sponsor if you're a PR and living outside of Canada. It takes time to determine your eligibility as a sponsor so if they find out that you're not living in Canada, they will refuse you being a sponsor which will lead to the application being refused. Dont try to cheat the system. It's not like you can't go visit at all, you can still go for less than 3 weeks or so but if you move outside of Canada and the app will be refused, you can be apart from your spouse for way longer.

 

[niravit57]

It clearly states that you cannot be a sponsor if you're a PR and living outside of Canada. It takes time to determine your eligibility as a sponsor so if they find out that you're not living in Canada, they will refuse you being a sponsor which will lead to the application being refused. Dont try to cheat the system. It's not like you can't go visit at all, you can still go for less than 3 weeks or so but if you move outside of Canada and the app will be refused, you can be apart from your spouse for way longer.

So based on your logic if I visit India for more than 3 weeks then it means I am no longer living in Canada and all of sudden now I am living in India. Even though I have my job, appartment, EMI, salary taxes processing in Canada.
Where do you get such numbers like 2-3 weeks and no longer !?

 

[mashulia_26]

So based on your logic if I visit India for more than 3 weeks then it means I am no longer living in Canada and all of sudden now I am living in India. Even though I have my job, appartment, EMI, salary taxes processing in Canada.
Where do you get such numbers like 2-3 weeks and no longer !?

Probably people's experiences. You can go for longer and let us know when you get refused.

 

[niravit57]

Probably people's experiences. You can go for longer and let us know when you get refused.

Are you one of that people ? How many such cases have you seen ? Where is it officially written that 2-3 weeks is short and anything more than that is longer ?
Seems like you are so sure about other's app getting refused.

 

[murdan94]

Probably people's experiences. You can go for longer and let us know when you get refused.

What if your a citizen would you be aloud to stay outside of canada through the processing of your application

 

[JingleBella]

I’m really confused as to why this would be an issue. Are you a PR or citizen? Either way, leaving the country for 2-3 months does not disqualify you from coming back in, provincial healthcare, social benefits, etc. So why would it have any affect on your application? If anything, you’re further proving your relationship is genuine by going to visit your spouse.

 

[canuck78]

Are you one of that people ? How many such cases have you seen ? Where is it officially written that 2-3 weeks is short and anything more than that is longer ?
Seems like you are so sure about other's app getting refused.

There are examples on the forum of people being denied because they spent time aborad visiting their spouse. Technically you must be in Canada the entire processing time but based on others experience a short visit if 2-3 weeks seems to be overlooked.