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

[armoured]

They didnt even give me a chance to defend myself. I called an immigration lawyer and he said that right now the IRCC is on a witch hunt ...

To be honest I called them the following day so that they can explain to me why they reached that conclusion. I have ties to Canada, I pay tax, I have a cleaning business that I still manage with my partner while I'm still in Sweden, I pay mortgage, all the bills etc. but the agent said when they were ready to make a decision, they found out I was not eligible because I am not residing in Canada. I wanted to understand the term residing because I might be missing something so it didn't help anything.

Condolences that this happened but thank you for sharing your experience here - as you can see from this long thread there are many who claim it isn't a problem or isn't a policy of IRCC, etc - so it's very helpful to have a concrete example.

Two questions:
1) Did the refusal letter provide any information about whether you could appeal? Instructions on how to do so?

2) Could you share some of the exact text of the letter that outlined the reason for refusal? (Anonymize/remove any dates or whatever else). I'm interested in particular in the reference - which I believe they usually must include - about the specific paragraph and section of the IRP act which you did not meet or which renders you ineligible to sponsor.

Thanks in advance, whatever you are comfortable providing. I'll have some more thoughts later for the purposes of this thread, but unfortunately, I don't think there's any practical advice in your case apart from re-applying when you are in Canada.

 

[scylla]

.To be honest I called them the following day so that they can explain to me why they reached that conclusion. I have ties to Canada, I pay tax, I have a cleaning business that I still manage with my partner while I'm still in Sweden, I pay mortgage, all the bills etc. but the agent said when they were ready to make a decision, they found out I was not eligible because I am not residing in Canada. I wanted to understand the term residing because I might be missing something so it didn't help anything.

IRCC requires physical residence to qualify as residing for sponsorship purposes. This is why paying taxes, the mortgage, etc. didn't make a difference. It's not the same definition as CRA / tax residency.

 

[sreekar545]

Update: My wife's PR got approved. I moved to Canada as soon as they started processing i.e. when they asked for biometrics.

You can see full details in previous responses.

 

[armoured]

Update: My wife's PR got approved. I moved to Canada as soon as they started processing i.e. when they asked for biometrics.

You can see full details in previous responses.

To recap, you left and were away for a few months? Left sometime after submitting and returned when biometrics requested?

 

[Mfoniso Urua]

Since I got confirmation from my attorney, IRCC agents and raised a webform (not sure if I'd get a response), I am planning to take the so called risk.. booked the flights for a 3 month wfh trip outside Canada. I still have a good 6 months left to reach the avg processing time on my application.

Will surely post my outcome, but its going to take a long time..

Hello your father, I am just reading these comments and feel discouraged because I have booked my tickets already for a trip to go see my outland spouse. I added her to my application of which I have gotten my PR while she is still under process.

Can you please tell me how it went for you and your outcome? So that I will know wether to cancel my trip now which is scheduled for 11 days time. Thank you. Waiting for your response.

 

[armoured]

Hello your father, I am just reading these comments and feel discouraged because I have booked my tickets already for a trip to go see my outland spouse. I added her to my application of which I have gotten my PR while she is still under process.

Can you please tell me how it went for you and your outcome? So that I will know wether to cancel my trip now which is scheduled for 11 days time. Thank you. Waiting for your response.

If her application is not a spousal sponsorship but some other type to which you've added her, the discussion above may not be at all relevant.

 

[Mfoniso Urua]

I will come and say that I left Canada and I was visiting my husband for 4 months then they rejected our application on the grounds of me not being in Canada. I Applied for him since February 2020 and they freaking rejected the application after 3 months of knowing that I'm out of Canada so seriously, they don't care. I informed the IRCC that I'll be outside of Canada visiting him because I also have an application for citizenship going on so imagine waiting for 1 year and 3 months then boom, all the time I spent in Canada and being away from him was absolutely a waste of time. My husband came for our son's birth and the last time he saw him,he was 6 weeks old and he was missing out and i wanted our son to bond with him because I was expecting for us to go back to Canada together as a family because we were on the last stage of approval. I was lied too by IRCC call center agent as well, they gave me wrong information and now I'm still here in Sweden. They did me dirty, I'll get back with my husband to Canada this time, start this process all over again doing inland application and get my citizenship and leave Canada for good once I get my citizenship, Just a shitty thing they did to us even after trying to explain ourselves but apparently they're more concerned about breaking legitimate families than reuniting them. So to anyone out there thinking about your those 3 or 2 lucky stories then go ahead and risk wasting time while you can just tolerate the separation for a while and don't play Russian roulette with your application. I know I'm not unlucky because I've seen a lot of people warning and just 2 stories of success because not all IRCC officers are kind and understanding or else a lot of us would be breaking their their rules or policies and still get to Canada with no consequences so a lot of them are hard core and have no mercy. And fyi, I have a cleaning business with my friend, so if you are thinking that I did something wrong, just know I was still paying my employees, I have a residency in Canada, still pays osap and morgage so I have all the ties in Canada but I broke their policy. It is what it is so you are warned.

With this testimony, I rest my case. I will have to cancel my travelling ticket which is suppose to be November 11th.

 

[armoured]

With this testimony, I rest my case. I will have to cancel my travelling ticket which is suppose to be November 11th.

Is your case spousal sponsorship or not?

 

[Mfoniso Urua]

If her application is not a spousal sponsorship but some other type to which you've added her, the discussion above may not be at all relevant.

Just worried. Don't even know what to do. Married in February, Added my wife to my application in April, I was asked by Ircc to send her documents to the Visa Office responsible for her processing and she did biometrics and I am waiting for her Medical request or decision made now and planned traveling next week for two months. Obviously, her medical request and decision is likely to come out this two months I will be away hence......

 

[Mfoniso Urua]

Is your case spousal sponsorship or not?

No. Its Add-on. I applied since 2019 and married her in February and then added her in April. July this year, I got my PR while she is still been processed

 

[Mfoniso Urua]

Your Father said in April, that he will travel out of Canada for 2-3 months and then come back here and update us wether IRCC canceled his wife's application or not. Its 7 months down the line and nobody have heard from him. Please what happened? I want to know the outcome as you promised so that others can learn as well.

 

[armoured]

No. Its Add-on. I applied since 2019 and married her in February and then added her in April. July this year, I got my PR while she is still been processed

Your case is not family sponsorship, which is the forum you're posting in. I repeat, do not know how this part of the family sponsorship rules applies to your type of application.

Post in the forum about your type of application and ask there.

 

[Mfoniso Urua]

Your case is not family sponsorship, which is the forum you're posting in. I repeat, do not know how this part of the family sponsorship rules applies to your type of application.

Post in the forum about your type of application and ask there.

Ok thanks I will

 

[karthikm]

Since I got confirmation from my attorney, IRCC agents and raised a webform (not sure if I'd get a response), I am planning to take the so called risk.. booked the flights for a 3 month wfh trip outside Canada. I still have a good 6 months left to reach the avg processing time on my application.

Will surely post my outcome, but its going to take a long time..

did you receive any confirmation from IRCC for your webforms informing them of the travel and return?

 

[yourfather]

Your Father said in April, that he will travel out of Canada for 2-3 months and then come back here and update us wether IRCC canceled his wife's application or not. Its 7 months down the line and nobody have heard from him. Please what happened? I want to know the outcome as you promised so that others can learn as well.

Hello, our application was approved in mid September and my spouse arrived in 1st week of october, received PR card as well. All good here