2019 and 2020: During spousal application, How long can a PR who is a sponsor stay outside Canada?

[acerbico423]

*VERY IMPORTANT: PLEASE ONLY RESPOND IF YOU FIT THE 3 CATEGORIES LISTED BELOW OR IF YOU PERSONALLY KNOW SOMEONE WHO FITS THESE CRITERIA*

Hi all,

I know this question has been asked a lot of times.
I want to know from below individuals :

1. Folks who applied for Spousal PR application in 2019 or 2020
2. Who themselves as a sponsor is on PR and are not a Canadian citizen yet
3. Who were not in Canada or left Canada (for days, weeks or months) when their spousal PR application was in progress

I want to know how long you stayed outside Canada to have a sense of idea like what could be an acceptable timeframe OR if your application got delayed or refused because you stayed outside for an extensive period. At the moment it seems IRCC has no official definition of what constitutes as NOT A VACATION and people have their own definition of ACCEPTABLE short trips outside Canada ranging from 2 weeks to 5 months.

Why am I asking this question? Considering that a temporary resident visa for principal applicants in a spousal application gets rejected most of the time, I want to go and live with my spouse to spend as much time as I can. I don't want to stay for too long (this will cancel my application) or too short (wife would leave me).

Thanks.

 

[Qwertypod]

So let me get this straight. Your wife will leave you if you don't stay with her for long enough, yet your relationship is "strong enough" for you to be sponsoring her?

From what I've seen (yes, I do fall into your draconian categories to be able to answer in this thread), 3-4 weeks max is ok. However, this all depends on the officer that looks at your application. As a sponsor who is a PR, you are not supposed to leave the country at all. There is some gray area here for small vacations and trips, but otherwise why would they have this requirement if they're cool with you just leaving the country to go live with your spouse? You guys knew the requirements for sponsorship when you applied, I don't understand why this couldn't have been taken into consideration - did you try to apply for a TRV yet?

 

[SKRPrince09]

I applied for sponsorship in Nov 2019. Have travelled outside canada in January 2020 for 2 weeks.
Right now again I'm forced to step outside Canada on a family emergency. I'm mostly staying out for about 2 months as it is a family emergency for me.

At tough times like this during covid situation I do believe that the immigration officers wouldn't consider this as a factor for refusing the application. And according to me by the way there is no official rule that states sponsor shouldnt leave Canada while the application is in progress. I mean, it doesnt make sense to enforce this rule if they aren't meeting the processing timelines.

 

[canuck78]

I applied for sponsorship in Nov 2019. Have travelled outside canada in January 2020 for 2 weeks.
Right now again I'm forced to step outside Canada on a family emergency. I'm mostly staying out for about 2 months as it is a family emergency for me.

At tough times like this during covid situation I do believe that the immigration officers wouldn't consider this as a factor for refusing the application. And according to me by the way there is no official rule that states sponsor shouldnt leave Canada while the application is in progress. I mean, it doesnt make sense to enforce this rule if they aren't meeting the processing timelines.

One of the requirements for sponsorship as a PR is that you are in Canada while applying for sponsorship. Processing timelines are just estimates. Many applications took over a year before covid. It is always a risk leaving Canada for an extended period of time. Some get caught and others get lucky. It is impossible to say if visa officers will be more lenient due to covid.

 

[acerbico423]

..

So let me get this straight. Your wife will leave you if you don't stay with her for long enough, yet your relationship is "strong enough" for you to be sponsoring her?

From what I've seen (yes, I do fall into your draconian categories to be able to answer in this thread), 3-4 weeks max is ok. However, this all depends on the officer that looks at your application. As a sponsor who is a PR, you are not supposed to leave the country at all. There is some gray area here for small vacations and trips, but otherwise why would they have this requirement if they're cool with you just leaving the country to go live with your spouse? You guys knew the requirements for sponsorship when you applied, I don't understand why this couldn't have been taken into consideration - did you try to apply for a TRV yet?

Did you apply for a TRV? Did it get approved?

 

[SKRPrince09]

One of the requirements for sponsorship as a PR is that you are in Canada while applying for sponsorship. Processing timelines are just estimates. Many applications took over a year before covid. It is always a risk leaving Canada for an extended period of time. Some get caught and others get lucky. It is impossible to say if visa officers will be more lenient due to covid.

I was in Canada when I applied for sponsorship. Also I understand it is impossible to say if visa officers will be more lenient due to covid. But I'm just hoping they be lenient on this.
The world is going through a crisis and families are staying apart longer than they supposed to be. It's not reasonable to expect it at a time like this.

Also, some still manage to work for Canadian companies remotely while staying outside the country. They still own an apartment and pay for the utilities. In some way, the ties to Canada are never cut.
I believe the main reason for this sort of an expectation to be in place is that the sponsor maintains ties to Canada and is always willing to settle down. I cant think of other reason. Let me know if you could think of any.
Anyway, these are just my thoughts and opinions and not concrete. Because there really isn't anything official that explicitly states the sponsor has to stay inside Canada THROUGHOUT the application process and only that the sponsor has to be inside Canada to be eligible to apply. I believe both are different things.

Moreover mine is a life and death situation.

 

[canuck78]

I was in Canada when I applied for sponsorship. Also I understand it is impossible to say if visa officers will be more lenient due to covid. But I'm just hoping they be lenient on this.
The world is going through a crisis and families are staying apart longer than they supposed to be. It's not reasonable to expect it at a time like this.

Also, some still manage to work for Canadian companies remotely while staying outside the country. They still own an apartment and pay for the utilities. In some way, the ties to Canada are never cut.
I believe the main reason for this sort of an expectation to be in place is that the sponsor maintains ties to Canada and is always willing to settle down. I cant think of other reason. Let me know if you could think of any.
Anyway, these are just my thoughts and opinions and not concrete. Because there really isn't anything official that explicitly states the sponsor has to stay inside Canada THROUGHOUT the application process and only that the sponsor has to be inside Canada to be eligible to apply. I believe both are different things.

Moreover mine is a life and death situation.

There are many couples who wait up to 2 years to get sponsorship pre-covid and they aren’t granted leniency on the fact that a PR should be in Canada during their spousal sponsorship process. That implies throughout. Others have been denied when they have spent time outside of Canada. There are examples on this forum. Maintaining a job or a home in Canada will not be considered the same thing as being in Canada. If you choose to spend 2 months out of Canada you must do so knowing there is a risk that your application could be denied. It is a personal decision. Some have gotten away with being outside Canada if CIC does not realize they have been out of Canada for a long period of time but others have not. It seems like a huge risk given the amount of time you have already spent apart.

 

[SKRPrince09]

There are many couples who wait up to 2 years to get sponsorship pre-covid and they aren’t granted leniency on the fact that a PR should be in Canada during their spousal sponsorship process. That implies throughout. Others have been denied when they have spent time outside of Canada. There are examples on this forum. Maintaining a job or a home in Canada will not be considered the same thing as being in Canada. If you choose to spend 2 months out of Canada you must do so knowing there is a risk that your application could be denied. It is a personal decision. Some have gotten away with being outside Canada if CIC does not realize they have been out of Canada for a long period of time but others have not. It seems like a huge risk given the amount of time you have already spent apart.

Thank you. I know most experts here provide the same response to this question. And discourage staying outside Canada for longer than few weeks. I appreciate your response and definitely can not disregard considering your experience.

Also, I know its always best to stay inside Canada as a PR during the sponsorship process. However, I am unable to do so. My mother has been diagnosed with serious illness and fighting for her life. And I want to stay by her side.
At the same time, I don't want to risk my sponsorship application.

May I request you to provide your suggestion here ?. I would greatly appreciate your suggestion. I am thinking of not overstaying more than 4-6 weeks and returning to Canada. However, I would like to travel frequently (say 2 months or so) and visit my mother.

(If it weren't for Covid19 then I am sure my application would have been complete by now and I wouldn't be breaking my head over this travel)

 

[The Robust]

Thank you. I know most experts here provide the same response to this question. And discourage staying outside Canada for longer than few weeks. I appreciate your response and definitely can not disregard considering your experience.

Also, I know its always best to stay inside Canada as a PR during the sponsorship process. However, I am unable to do so. My mother has been diagnosed with serious illness and fighting for her life. And I want to stay by her side.
At the same time, I don't want to risk my sponsorship application.

May I request you to provide your suggestion here ?. I would greatly appreciate your suggestion. I am thinking of not overstaying more than 4-6 weeks and returning to Canada. However, I would like to travel frequently (say 2 months or so) and visit my mother.

(If it weren't for Covid19 then I am sure my application would have been complete by now and I wouldn't be breaking my head over this travel)

any updates on your case?

 

[SKRPrince09]

any updates on your case?

Been 13 months since I applied and no significant updates. Basically my file is stuck in CPC-Mississauga visa office with not much progress. Regardless, I was outside Canada for a month and a half for personal reasons. I spoke to an immigration agent and a border service agent at the airport about stepping outside Canada during sponsorship process. Both of them mention it is not a problem and I can travel any number of times or any duration as long as I am PR.

 

[armoured]

Been 13 months since I applied and no significant updates. Basically my file is stuck in CPC-Mississauga visa office with not much progress. Regardless, I was outside Canada for a month and a half for personal reasons. I spoke to an immigration agent and a border service agent at the airport about stepping outside Canada during sponsorship process. Both of them mention it is not a problem and I can travel any number of times or any duration as long as I am PR.

Whatever you were told, that's not what the official guidance says:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-assessing-sponsor.html

Short personal and business trips are clearly allowed, and clearly not true that a PR can stay abroad throughout for any duration.

From the ref above:
-A sponsor must be eligible from the day the sponsorship application is received by IRCC until the sponsored person becomes a permanent resident.
-A sponsor must be residing in Canada , unless they are a Canadian citizen residing abroad

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)

 

[canuck78]

Been 13 months since I applied and no significant updates. Basically my file is stuck in CPC-Mississauga visa office with not much progress. Regardless, I was outside Canada for a month and a half for personal reasons. I spoke to an immigration agent and a border service agent at the airport about stepping outside Canada during sponsorship process. Both of them mention it is not a problem and I can travel any number of times or any duration as long as I am PR.

The agents at the airport are unlikely to know anything about sponsorship rules. They answered the question as if you were asking if you could leave Canada as a PR.