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

[k.h.p.]

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!

Good luck taking anything the call centre tells you as being proof positive of being allowed to not be resident in Canada for 2-3 months as a PR during a sponsorship. There's a chance IRCC won't notice, but if they do and your application is refused, "the call centre told me" is not a valid excuse.

Seriously.

 

[mashulia_26]

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!

Then go ahead and leave for 2-3 months. You were told by experience that people have been rejected but if you are going to leave anyways it's your call. Just let us know when your application is rejected.

 

[canuck78]

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!

We have seen people be rejected on this forum for the exact same absence. Unfortunately the call centre gives out incorrect advice all the time. Would trust the requirments on paper that say you must remain in Canada during the sponsorship period. CIC seems to be understanding and realize that a short vacation is understandable.

 

[Anjana513]

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!

Hey brother, I am in the same situation as you were. What did you do finally and what happened? Thanks.

 

[The Robust]

Hey brother, I am in the same situation as you were. What did you do finally and what happened? Thanks.

any luck finding an answer for this?

 

[The Robust]

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

Hi, any updates on your case kindly share as I am also planning to go for 8 weeks

 

[The Robust]

We have seen people be rejected on this forum for the exact same absence. Unfortunately the call centre gives out incorrect advice all the time. Would trust the requirments on paper that say you must remain in Canada during the sponsorship period. CIC seems to be understanding and realize that a short vacation is understandable.

Can you please share the link for the posts which says they were rejected for leaving for 2,3 months thanks

 

[screech339]

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 if you are working "remotely" outside Canada. You will and still be outside Canada too long. Border control doesn't care if you are working remotely or not, They only care if you are actually physically outside Canada, potentially violating the PR sponsorship requirement of PR sponsors.
I have had a sponsor who was a Canadian at that and they found out he/she stayed outside Canada too long for inland sponsorship. They rejected his/her application on the account of "not living" in Canada as required for PR inland sponsorship. If they can track this Canadian as being too long outside Canada, they can surely track how long you as a PR has been outside Canada.

 

[The Robust]

It doesn't matter if you are working "remotely" outside Canada. You will and still be outside Canada too long. Border control doesn't care if you are working remotely or not, They only care if you are actually physically outside Canada, potentially violating the PR sponsorship requirement of PR sponsors.
I have had a sponsor who was a Canadian at that and they found out he/she stayed outside Canada too long for inland sponsorship. They rejected his/her application on the account of "not living" in Canada as required for PR inland sponsorship. If they can track this Canadian as being too long outside Canada, they can surely track how long you as a PR has been outside Canada.

Can you please share the link for the posts which says they were rejected for leaving for 2,3 months thanks

 

[sreekar545]

Can you please share the link for the posts which says they were rejected for leaving for 2,3 months thanks

I have never seen such post till now. I'm also interested. I went out for 6 months. What else can we do in COVID, clearly not knowing when our app gets processed and remote work option is available!!

 

[sreekar545]

We have seen people be rejected on this forum for the exact same absence. Unfortunately the call centre gives out incorrect advice all the time. Would trust the requirments on paper that say you must remain in Canada during the sponsorship period. CIC seems to be understanding and realize that a short vacation is understandable.

I have seen my friends application getting approved while he is away from Canada for more than 8 months. His sponsorship was approved before COVID and he left Canada after seeing "complete pause" on processing. He is still in India and his wife and kid for PPR and got stamped.

I know another person who applied for his new born baby's PR (born in India) from India itself (Outland from India, should've been rejected but got approved all the while being in India).

I have ordered and gotten the CBSA records under privacy act and it's clear that Canada doesn't have "exit" control and they don't show any exit records unless we go to USA by car (they have some mutual agreement it seems).

So unless it's an extreme case of abandoning the application, if someone goes to stay with his wife for 6 months from "May 2020 to Nov 2020" (example) and comes back and been staying here for 4 months now, the officer is going to simply reject? Why and how? Are they some kind of robots?

I'm really interested in seeing those rejected posts, I have searched many times. I'm not suggesting anyone to go away for a long time but saying "for sure" that application is in danger just because he goes out for more than 4 weeks, while the poor guy is away from his wife for 1 year already, is brutal.

 

[k.h.p.]

I have seen my friends application getting approved while he is away from Canada for more than 8 months. His sponsorship was approved before COVID and he left Canada after seeing "complete pause" on processing. He is still in India and his wife and kid for PPR and got stamped.

I know another person who applied for his new born baby's PR (born in India) from India itself (Outland from India, should've been rejected but got approved all the while being in India).

I have ordered and gotten the CBSA records under privacy act and it's clear that Canada doesn't have "exit" control and they don't show any exit records unless we go to USA by car (they have some mutual agreement it seems).

So unless it's an extreme case of abandoning the application, if someone goes to stay with his wife for 6 months from "May 2020 to Nov 2020" (example) and comes back and been staying here for 4 months now, the officer is going to simply reject? Why and how? Are they some kind of robots?

I'm really interested in seeing those rejected posts, I have searched many times. I'm not suggesting anyone to go away for a long time but saying "for sure" that application is in danger just because he goes out for more than 4 weeks, while the poor guy is away from his wife for 1 year already, is brutal.

This is very wrong.

Canada has been monitoring exits from the country since 2019, and for ALL countries since 2020.

There have been applications who receive PFLs and refusals for having a PR sponsor not residing in Canada.

Sreekar545, when you're advising people to ignore the law, realize that it can cause massive issues.

 

[Naheulbeuck]

Sreekar545, when you're advising people to ignore the law, realize that it can cause massive issues.

To me at issue here is the fact that yes, it is clearly stated that the PR must live in Canada during the application process. It is important to note that this requirement is specifically listed whereas it does not apply to a citizen. It is not about meeting the residency obligation, maintaining the PR status or any other requirement of PR itself, it is a specific requirement for a PR to sponsor their spouse.

If it didn't matter, it would most likely not specifically be spelled out, so going with the assumption that it is no big deal, that you can go live somewhere else is a complete gamble. You gamble that you can get both the benefit of staying with your wife for an extended period and that you can sponsor her successfully. If it works out (and yes it has a chance to work out) you will be glad and celebrate. Now if your gamble does not pay off, you are back to square one, after sacrificing months.

It is easy for others to tell you it is no big deal and go for it, they won't live with the consequences, they won't even care. Now will you come back here and say oh well most people were right I chose to ignore the warnings and now I need to reapply? Most likely not.

Overall it remains your choice. There is a chance that you can have your cake and eat it too, but again it is a gamble, I recommend you discuss this with your spouse and take the decision together whether it is worth the risk. I do not judge, those are difficult times for everyone, we all make our choices. However I would ignore anyone who guarantees you you will be fine ignoring the rule (or the absolutely stupid requirement of proving that you will be refused if you travel, there is no such thing). All you can do is consider the very real risk associated with long travel, and determine if it is a risk worth taking in your particular situation.

For others, I would just quote Clint Eastwood: "You've Got To Ask Yourself One Question: 'Do I Feel Lucky? ' "

 

[k.h.p.]

To me at issue here is the fact that yes, it is clearly stated that the PR must live in Canada during the application process. It is important to note that this requirement is specifically listed whereas it does not apply to a citizen. It is not about meeting the residency obligation, maintaining the PR status or any other requirement of PR itself, it is a specific requirement for a PR to sponsor their spouse.

If it didn't matter, it would most likely not specifically be spelled out, so going with the assumption that it is no big deal, that you can go live somewhere else is a complete gamble. You gamble that you can get both the benefit of staying with your wife for an extended period and that you can sponsor her successfully. If it works out (and yes it has a chance to work out) you will be glad and celebrate. Now if your gamble does not pay off, you are back to square one, after sacrificing months.

It is easy for others to tell you it is no big deal and go for it, they won't live with the consequences, they won't even care. Now will you come back here and say oh well most people were right I chose to ignore the warnings and now I need to reapply? Most likely not.

Overall it remains your choice. There is a chance that you can have your cake and eat it too, but again it is a gamble, I recommend you discuss this with your spouse and take the decision together whether it is worth the risk. I do not judge, those are difficult times for everyone, we all make our choices. However I would ignore anyone who guarantees you you will be fine ignoring the rule (or the absolutely stupid requirement of proving that you will be refused if you travel, there is no such thing). All you can do is consider the very real risk associated with long travel, and determine if it is a risk worth taking in your particular situation.

For others, I would just quote Clint Eastwood: "You've Got To Ask Yourself One Question: 'Do I Feel Lucky? ' "

I assume you don't mean that I'm telling people that it's no big deal, as I spent a bit of time to try to insist it is a big deal. You did quote me, though, so I want to check.

 

[canuck78]

I have seen my friends application getting approved while he is away from Canada for more than 8 months. His sponsorship was approved before COVID and he left Canada after seeing "complete pause" on processing. He is still in India and his wife and kid for PPR and got stamped.

I know another person who applied for his new born baby's PR (born in India) from India itself (Outland from India, should've been rejected but got approved all the while being in India).

I have ordered and gotten the CBSA records under privacy act and it's clear that Canada doesn't have "exit" control and they don't show any exit records unless we go to USA by car (they have some mutual agreement it seems).

So unless it's an extreme case of abandoning the application, if someone goes to stay with his wife for 6 months from "May 2020 to Nov 2020" (example) and comes back and been staying here for 4 months now, the officer is going to simply reject? Why and how? Are they some kind of robots?

I'm really interested in seeing those rejected posts, I have searched many times. I'm not suggesting anyone to go away for a long time but saying "for sure" that application is in danger just because he goes out for more than 4 weeks, while the poor guy is away from his wife for 1 year already, is brutal.

We have even seen people had their COPR cancelled after it was discovered they weren't in Canada. Canada doesn't catch everyone but there is a huge risk if you don't follow the rules.