Leaving Canada Temporarily while spouse's PR (outland) is in progress Sponser being PR and sponsorship eligibility is Approved

[garuda2020]

Hi Folks, I am PR of Canada, sponsored my spouse for PR now planning to visit my spouse for 2 to 3 months whilst
spouse's PR (outland) is in progress
Will there be any adverse effect on the PR application?
Sponser Eligibility is approved
Med and bio done!
Been 6+months in the process
TRV of spouse was rejected twice so there is no hope of her travelling to Canada

 

[k.h.p.]

2-3 months is too long to be outside of Canada as a PR while sponsoring a spouse. It may create a question in IRCC's mind if you are still resident in Canada, which would cause a rejection of the sponsorship.

Would suggest you limit the trip to a couple of weeks.

 

[garuda2020]

2-3 months is too long to be outside of Canada as a PR while sponsoring a spouse. It may create a question in IRCC's mind if you are still resident in Canada, which would cause a rejection of the sponsorship.

Would suggest you limit the trip to a couple of weeks.

Thanks for your reply,
I will still be working with canda company I am with now but remotely! My sponsorship eligibility is approved, you still think it would be an issue?
As we all know Spouse PR PR processing is going no where so they can't come any soon to Canada! At the same time even we wont be able to visit them for 2 to 3 months, that would be painful

 

[k.h.p.]

Yes, it will still be an issue. You must continue to reside in Canada during the application process. Your eligibility can be removed at any time.

Working remotely with a Canadian company does not make you resident in Canada.

 

[mashulia_26]

Thanks for your reply,
I will still be working with canda company I am with now but remotely! My sponsorship eligibility is approved, you still think it would be an issue?
As we all know Spouse PR PR processing is going no where so they can't come any soon to Canada! At the same time even we wont be able to visit them for 2 to 3 months, that would be painful

It doesn't matter, you must be physically living in canada except small vacations (couple weeks).

 

[canuck78]

Yes we’ve seen others be denied sponsorship even after getting sponsorship eligibility. It is a big risk. You risk having to start the process all over again. Would add that travel now is never guaranteed. So 2-3 weeks could easily turn into many months. It is risky to leave when others are still trying to get back to Canada.

 

[garuda2020]

When they keep rejecting spouse visitors visa, doesn't it make sense for us to travel as our spouse can't travel in! It makes a reasonable fact that family's are required to see each other!
I am just confused about this whole thing, it's more like they are forcing us to be apart for an year or whatever as none can travel and live with each other for an extended period say 2 to 3 months

 

[k.h.p.]

That is the challenge with being a PR and sponsoring a spouse. It is clearly stated that you must reside in Canada while the application is processed.

 

[canuck78]

When they keep rejecting spouse visitors visa, doesn't it make sense for us to travel as our spouse can't travel in! It makes a reasonable fact that family's are required to see each other!
I am just confused about this whole thing, it's more like they are forcing us to be apart for an year or whatever as none can travel and live with each other for an extended period say 2 to 3 months

Spouses are usually not visitors once they arrive in Canada they don't leave. If you didn't want to be away for sponsorship you should have delayed PR application until after you got married or got married after you had citizenship. Many couples need to be separated for a long period of time. They do it because they have to. At least now people have the technology to see each other.

 

[VJ2012]

My understanding is that a visitor visa is for visit whether that is 6 months , a year or 10 years. Statement like technology is there to support couples. Generic suggestions being posted here indeed qualifies for mediocre thinking.This is my opinion.

 

[k.h.p.]

My understanding is that a visitor visa is for visit whether that is 6 months , a year or 10 years. Statement like technology is there to support couples. Generic suggestions being posted here indeed qualifies for mediocre thinking.This is my opinion.

A visit can never be a year or ten years. That's not visiting.
If our thinking is so mediocre you're welcome to wow us with your brilliance.

 

[canuck78]

My understanding is that a visitor visa is for visit whether that is 6 months , a year or 10 years. Statement like technology is there to support couples. Generic suggestions being posted here indeed qualifies for mediocre thinking.This is my opinion.

This is the logic that CIC uses when determining if a spouse can get a TRV whether you agree with it is irrelevant.

 

[philoj]

That is the challenge with being a PR and sponsoring a spouse. It is clearly stated that you must reside in Canada while the application is processed.

I saw this on the IRCC website:
Sponsors who maintain a principal residence in Canada are not considered to be in violation of residency requirements if they:

• take short holidays or business trips outside Canada on a temporary basis
• have work arrangements that require them to be outside Canada for temporary finite periods of time, but return to live in Canada in between assignments (such as ship crew or seasonal workers)

Persons who do not maintain a principal residence in Canada and who live and work abroad and only return to Canada for short visits are not considered to meet residency requirements.

I think as a Sponsor with a PR you can visit your spouse if you maintain a principal residence in Canada and take short breaks. Leaving Canada comes at risk but it also shows the genuineness of your relationship. Application times are going beyond 12months. I will be surprised if your application takes 18 months and you never go to visit your spouse even once.

 

[k.h.p.]

I saw this on the IRCC website:
Sponsors who maintain a principal residence in Canada are not considered to be in violation of residency requirements if they:

• take short holidays or business trips outside Canada on a temporary basis
• have work arrangements that require them to be outside Canada for temporary finite periods of time, but return to live in Canada in between assignments (such as ship crew or seasonal workers)

Persons who do not maintain a principal residence in Canada and who live and work abroad and only return to Canada for short visits are not considered to meet residency requirements.

I think as a Sponsor with a PR you can visit your spouse if you maintain a principal residence in Canada and take short breaks. Leaving Canada comes at risk but it also shows the genuineness of your relationship. Application times are going beyond 12months. I will be surprised if your application takes 18 months and you never go to visit your spouse even once.

Please note that I did say above a short trip (2-3 weeks) is most likely okay.

The second bullet point - ship crew or seasonal workers - is much more limited in how it can be used. You can't go and live with your wife for 2-3 months and use that as an exception.

 

[garuda2020]

Folks, I called IRCC with the same question if Sponsor can Visit spouse for 2 to 3 months and if there is any affect on spouse PR application in process!
They said its okey to be away from canada temporarily as long as your main living is still canada! It would only be a prob if sponsor takes long term job or settle outside canada for a longer duration and visits to canada being temporary!