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Spousal sponsorship query

gayu2115

Newbie
Mar 11, 2021
2
2
Hi all,

After I apply for a Spousal sponsorship from Canada for my spouse who is in India, can I travel outside from Canada? Is there any restriction for the sponsor to travel outside Canada while the application is being sponsored? Please guide me.

Sponsor = Is in canada
Spouse = In India

Thank you!
 

Naheulbeuck

Hero Member
Aug 14, 2015
315
191
I do not believe there is any law saying that once you start the sponsorship application process that you, the sponsor, must not leave Canada for the year or so it takes for it to be completed.
The eligibility is based on where the sponsor resides so well it is not a law but if it is living somewhere else for an extended period and not just to go take a quick vacation, it will definitely jeopardize the application:

"You’re a Canadian citizen, a permanent resident of Canada, or a person registered in Canada as an Indian under the Canadian Indian Act
  • If you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when the persons you want to sponsor become permanent residents.
  • You can’t sponsor someone if you’re a permanent resident living outside Canada."

There is no restrictions for travel.
Why they would stop you from travel ?
It is your right to travel.
They won't stop you from travelling but you don't have a guaranteed right to sponsor your spouse, you need to meet the eligibility requirements. Again short vacations are just fine.
 

cjr

Star Member
Oct 5, 2020
112
74
Hi all,

After I apply for a Spousal sponsorship from Canada for my spouse who is in India, can I travel outside from Canada? Is there any restriction for the sponsor to travel outside Canada while the application is being sponsored? Please guide me.

Sponsor = Is in canada
Spouse = In India

Thank you!

If you're a Canadian citizen, there are no restrictions to travel.

If you're a Permanent Resident, there are vague, and very subjective restrictions to travel. No specific length of absence is listed anywhere, but "conventional wisdom" suggests no more than a few weeks.
 

sgp1986

Star Member
Jan 2, 2020
170
71
To piggy back on this, after the latest reply, my wife is planning on coming down from Canada in June to be with me until my PR is approved, hopefully that won't be too long after that point. This shouldn't be an issue and shouldn't affect our paperwork at all, correct?
 

armoured

VIP Member
Feb 1, 2015
16,691
8,520
I respectfully disagree.

You have quoted, accurately, this impeccable source:

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

So, as I apprehend the relevant law and policy, a citizen can live outside Canada for the entire duration of the process, if able to show intent to live in Canada "when your sponsored relative becomes a permanent resident." It does not say that leaving for more than a "short vacation" will be fatal to the application. And it better not. Putting such a clog on a citizen's mobility rights would be an affront to common sense, if nothing else.

As for sponsors who are permanent residents, then, in my view, they are not forbidden from taking a lengthy vacation. The prohibition arises for those "living outside Canada". I will venture what follows, in the context of the OP's query.

The OP says the sponsor is "in Canada" and asks if okay to "travel", not move to, relocate to, etc., another country. So, if we assume the OP sponsor is a permanent resident, and not a citizen (we are not advised of this status), then, certainly, what most would consider "travel" should be okay. Next, I'll draw a longer bow and submit that said "travel" should not, of needs, be restricted to what some here have suggested be a "quick vacation" or "no more than a few weeks". Why should that be, so long as one does not fall afoul of the "living outside Canada" injunction?

Canada is notorious for making it difficult for sponsors to bring their spouses to Canada to visit during the inordinately long sponsorship and permanent resident application processing times. CIC is most parsimonious in granting TRVs so that spouses can have time together during the processing period. So, the only way to be together is for the sponsor to leave Canada to be with said spouse. Can CIC be so punitive as to decree that thou shalt not be together for more than a "quick vacation" in that time? I would hope not.

I will accept the notion that optics play a role. If the sponsor submits the application, then quickly departs Canada, leaving little trace of "living in" Canada behind, then the application might be in jeopardy if the sponsor remains abroad for an extended period. For example, the sponsor gives up any home here, gives up any employment here (apart from approved vacation or leave of absence), closes bank accounts, sells car and otherwise abandons most indicia of "living" in Canada, then I can see the application being at risk.

At the end of the day, I can see the matter of who is a "permanent resident living outside Canada" being a fact-driven inquiry, to be decided on a case-by-case basis, and guided by common sense. The OP asked quite a simple question and I think we have added, perhaps, some unnecessary layers of complexity by delving into nice questions involving matters such as permanent resident status v. citizenship status of sponsor. I am guilty of making more of a labour of the inquiry than called for. I had hoped my single-sentence initial reply might serve. It appears, at least to some, to have been too facile. Perhaps my musings set out in this more prolix post will remedy that.
Sorry, this is wrong. There is specific language that says short trips are okay for PRs (does not apply to citizens). Some will say a few weeks, others à month. Longer than that is a risk. It is never clear how strictly this is enforced but it is real.

Yes, there is a source for the language but no specific time mentioned. I do not have the source to hand right now but will find.
 

sgp1986

Star Member
Jan 2, 2020
170
71
I don't understand. For outland, it doesn't matter if the sponsor is in Canada or living anywhere else, it's just about where you plan to live once the PR is approved, is it not? I can understand if it was inland and they don't want you to leave, but for outland I don't see the reason the sponsor can't leave until the PR is approved, providing you can show where you'll be living in Canada
 

cjr

Star Member
Oct 5, 2020
112
74
I don't understand. For outland, it doesn't matter if the sponsor is in Canada or living anywhere else, it's just about where you plan to live once the PR is approved, is it not? I can understand if it was inland and they don't want you to leave, but for outland I don't see the reason the sponsor can't leave until the PR is approved, providing you can show where you'll be living in Canada
For a Canadian citizen, that is indeed the case.

But if you're a Permanent Resident who is not residing in Canada permanently, you're no longer a Permanent Resident...
 
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cjr

Star Member
Oct 5, 2020
112
74
At the end of the day, I can see the matter of who is a "permanent resident living outside Canada" being a fact-driven inquiry, to be decided on a case-by-case basis, and guided by common sense.
Technically, this may be true.

Since there's no clear guideline (for example: "> 187 days = bad!") -- if you are a PR leaving Canada for an extended period, you're opening your fate, and that of the person you're sponsoring, being decided by the whims of the Immigration officer inquiring into the facts of your case.

And trusting that that officer's whims are guided by common sense.

Is that a chance you want to take?
 
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sgp1986

Star Member
Jan 2, 2020
170
71
Ok, so if my wife visits me for any amount of time while waiting for my PR, we're good?

That brings another question. I thought I read that any time outside of Canada with your spouse counts as time inside Canada towards renewing your PR, is that not true? My wife and I had plans of coming back to the US after a year or two, and get her green card for the US, and be able to bounce back and forth to spend time with both our families. Is that not a legitimate option?
 

cjr

Star Member
Oct 5, 2020
112
74
Ok, so if my wife visits me for any amount of time while waiting for my PR, we're good?

That brings another question. I thought I read that any time outside of Canada with your spouse counts as time inside Canada towards renewing your PR, is that not true? My wife and I had plans of coming back to the US after a year or two, and get her green card for the US, and be able to bounce back and forth to spend time with both our families. Is that not a legitimate option?
First off: I'm not an lawyer, nor do I play one on TV. So read anything I write with that in mind.

If your wife is Canadian, is sponsoring you, and visits you - I don't see any problem with long visits.

I do think you'll run into issues becoming a Canadian PR while she becomes a US PR though - or vice versa!

If you both live in Canada, she won't be a US PR, if you both live in the US, you won't be a Canadian one. If one of you lives in one, and the other the other... there's not much point, just visit!
 
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Canada2020eh

Champion Member
Aug 2, 2019
2,197
885
For a Canadian ditizen, that is indeed the case.

But if you're a Permanent Resident who is not residing in Canada permanently, you're no longer a Permanent Resident...
Sorry but you are wrong, if you are a PR and not residing in CDA you are still a PR but you might not be a RESIDENT of CDA, there is a big difference.
 

sgp1986

Star Member
Jan 2, 2020
170
71
Right, the rule is you must spend 2 full years (730 days) out of 5 years in Canada (or out of Canada with your Canadian Citizen spouse) to be able to renew your PR. Even the immigration lawyer I spoke to before filing my application told us that, and said that's why they suggest being a Canadian PR first, because they are more lenient than the US. There may be more detailed regulations on it and how to qualify for the days in Canada, but from what I understand thats the gist of it
 

cjr

Star Member
Oct 5, 2020
112
74
Sorry but you are wrong, if you are a PR and not residing in CDA you are still a PR but you might not be a RESIDENT of CDA, there is a big difference.
That one is more "cut and dried":

How long must I stay in Canada to keep my permanent resident status?
To keep your permanent resident status, you must have been in Canada for at least 730 days during the last five years. These 730 days don’t need to be continuous. Some of your time abroad may count towards the 730 days. See can my time abroad count towards my permanent resident status?

source