June 2020 Outland. No sponsor approval 7 months after AoR. What can I do?

[brownistani]

Sponsor here (PR holder). We received AoR1 back in December, but no real movement since then. I requested GCMS notes, and it says "sponsor eligibility referred for secondary review" but no additional info was included on why it was referred (or what that even means.) I've requested notes multiple times, but nothing new.

Tried contacting my MP's office, but they said IRCC will not provide info on secondary reviews. Called the IRCC helpline and submitted several webforms, but the response is always COVID delays.

I've had a well-paying full-time job since 2019, so the only reason I can think of for getting flagged is that I got stuck outside Canada for a few months right after my wedding (March 2020, right when the pandemic started) and mailed in the application from Pakistan. I included a letter with IMM 5532 explaining that flights have been suspended, and included a copy of my original return ticket. Not sure what else I could have done in that situation. We did not want to delay submitting the application, for obvious reasons.

Does anyone have any insight/advice? Should we just re-apply?

I've collected several pieces of proof that shows that Canada has been my country of residence since 2019 (rental agreements, utility bills, large furniture purchases, health card, vaccine receipts, pay stubs, multiple NoAs) in case IRCC asks for it. Should I go ahead and submit these?

 

[scylla]

Sponsor here (PR holder). We received AoR1 back in December, but no real movement since then. I requested GCMS notes, and it says "sponsor eligibility referred for secondary review" but no additional info was included on why it was referred (or what that even means.) I've requested notes multiple times, but nothing new.

Tried contacting my MP's office, but they said IRCC will not provide info on secondary reviews. Called the IRCC helpline and submitted several webforms, but the response is always COVID delays.

I've had a well-paying full-time job since 2019, so the only reason I can think of for getting flagged is that I got stuck outside Canada for a few months right after my wedding (March 2020, right when the pandemic started) and mailed in the application from Pakistan. I included a letter with IMM 5532 explaining that flights have been suspended, and included a copy of my original return ticket. Not sure what else I could have done in that situation. We did not want to delay submitting the application, for obvious reasons.

Does anyone have any insight/advice? Should we just re-apply?

I've collected several pieces of proof that shows that Canada has been my country of residence since 2019 (rental agreements, utility bills, large furniture purchases, health card, vaccine receipts, pay stubs, multiple NoAs) in case IRCC asks for it. Should I go ahead and submit these?

Are you a PR or a citizen?

If you are a PR, that's almost certainly the reason why your application was flagged for review. You can't sponsor a spouse while outside of Canada as a PR. If you are in fact a PR and mailed your application from Pakistan while you were outside of the country, that was unfortunately a mistake and you should have waited to submit the application until you had returned to Canada.

Anyway - you need to confirm if you are a PR or a citizen. That's a very important piece of information in terms of giving you advice.

 

[brownistani]

Are you a PR or a citizen?

If you are a PR, that's almost certainly the reason why your application was flagged for review. You can't sponsor a spouse while outside of Canada as a PR. If you are in fact a PR and mailed your application from Pakistan while you were outside of the country, that was unfortunately a mistake and you should have waited to submit the application until you had returned to Canada.

Anyway - you need to confirm if you are a PR or a citizen. That's a very important piece of information in terms of giving you advice.

Thanks for the response. I’m a PR. I assumed there would be some leniency due to the pandemic, but I guess I was naive.

 

[scylla]

Thanks for the response. I’m a PR. I assumed there would be some leniency due to the pandemic, but I guess I was naive.

There were a number of areas where leniency to the rules was announced by IRCC due to COVID which were officially published on the IRCC web site. This was not one of them. Same rules still applied.

It's pretty much guaranteed the fact you submitted your application while outside of Canada is the issue. When was your application received by IRCC and then how soon afterwards did you return to Canada? It's hard to say what you should do. You didn't qualify as a sponsor at the time the application was submitted which makes your situation messy. I would go ahead and submit evidence that shows your ties to Canada as you've mentioned. It can't harm at this point. I would also provide proof of when you returned to Canada and another letter of explanation.

 

[Anmolr236]

Hi..I was applied in july 2020 mine file status is change in process to decision made in march2021 but i didn't got any further update can some one suggest something ?

 

[sahiMay25]

There were a number of areas where leniency to the rules was announced by IRCC due to COVID which were officially published on the IRCC web site. This was not one of them. Same rules still applied.

It's pretty much guaranteed the fact you submitted your application while outside of Canada is the issue. When was your application received by IRCC and then how soon afterwards did you return to Canada? It's hard to say what you should do. You didn't qualify as a sponsor at the time the application was submitted which makes your situation messy. I would go ahead and submit evidence that shows your ties to Canada as you've mentioned. It can't harm at this point. I would also provide proof of when you returned to Canada and another letter of explanation.

Hi... I am PR of Canada and I also applied for my spouse's sponsorship when I was outside of the country because I was stuck there due to the flight ban but was still working remotely for my company and my lawyer said there will no problem with me staying outside of the country and he filed the application.

Application received: 25 May 2021
AOR: 7 August 2021

But no update after that. Can you please guide me what I can do now, should I withdraw the application and submit it again or send proofs via a web form for the same application that I am back?
Please Help!!

 

[ItsTrue]

Hi all, @scylla

Need some inputs on this thread.
Similar situation, except I mailed the application package to my relatives, and then domestic courier to CPC Sydney. I did not mention I was outside.

Application received : April 2nd 2021
16 days after (as soon as I could get on a flight) I came back to Canada.

AOR received - May 6th 2021
GCMS notes

Sponsor Eligibility: In progress. Partner check initiated for: -Social assistance check
Despite current risk mitigation protocol, a social assistance check has been initiated
......
SPR is PR residing abroad - ineligible to sponsor. SPR landed on **** as a CE1 SPR has submitted the following documents
Application locked in on


I was out of Canada for like 5 months before submitting the spousal sponsorship application (Even my PR landing was automatic, when I was away during COVID crisis)

GCMS notes shows no activity for last 7 months since AOR (May 7, 2021)

I wonder why that residing outside note is there, in spite I was back in country after 15 days. Does this mean they can still refuse SPR eligibility at this point due to this or in coming months ?
It's been 7 months, what more are they checking if they think the SPONSOR is ineligible. Social Assistance checks maybe 3-4 months ? Chances it could be on hold or they are checking something else ?

Call centres and webforms, same response priority has shifted to crisis in Afghanistan.

Can they come back after 1 year and refuse sponsor eligibility on this ground ?

How do they really determine 'RESIDING IN CANADA' ? I am paying taxes, have my leases, bills, I travelled out of Canada but only for 20-25 days. Considerable time like 2-3 weeks is ok ? I have travelled 3 times since we applied but all like 25 days. I had to travel for work and business.
I believe it is fine if you are not away for a long time 'IN ONE STRETCH'?


And they keep refusing TRV's for spouses. Like you can do nothing ..... The system cannot scale and is generating more and more pain for ppl



Any suggestions. Is it better to withdraw the current application and re-apply ? Is there way out of these checks or chances they SPR eligibility will not be denied after so long like 7 months.

 

[ItsTrue]

Thanks for the response. I’m a PR. I assumed there would be some leniency due to the pandemic, but I guess I was naive.

Hi @brownistani Did you see any updates since then

 

[scylla]

Hi all, @scylla

Need some inputs on this thread.
Similar situation, except I mailed the application package to my relatives, and then domestic courier to CPC Sydney. I did not mention I was outside.

Application received : April 2nd 2021
16 days after (as soon as I could get on a flight) I came back to Canada.

AOR received - May 6th 2021
GCMS notes

Sponsor Eligibility: In progress. Partner check initiated for: -Social assistance check
Despite current risk mitigation protocol, a social assistance check has been initiated
......
SPR is PR residing abroad - ineligible to sponsor. SPR landed on **** as a CE1 SPR has submitted the following documents
Application locked in on


I was out of Canada for like 5 months before submitting the spousal sponsorship application (Even my PR landing was automatic, when I was away during COVID crisis)

GCMS notes shows no activity for last 7 months since AOR (May 7, 2021)

I wonder why that residing outside note is there, in spite I was back in country after 15 days. Does this mean they can still refuse SPR eligibility at this point due to this or in coming months ?
It's been 7 months, what more are they checking if they think the SPONSOR is ineligible. Social Assistance checks maybe 3-4 months ? Chances it could be on hold or they are checking something else ?

Call centres and webforms, same response priority has shifted to crisis in Afghanistan.

Can they come back after 1 year and refuse sponsor eligibility on this ground ?

How do they really determine 'RESIDING IN CANADA' ? I am paying taxes, have my leases, bills, I travelled out of Canada but only for 20-25 days. Considerable time like 2-3 weeks is ok ? I have travelled 3 times since we applied but all like 25 days. I had to travel for work and business.
I believe it is fine if you are not away for a long time 'IN ONE STRETCH'?


And they keep refusing TRV's for spouses. Like you can do nothing ..... The system cannot scale and is generating more and more pain for ppl



Any suggestions. Is it better to withdraw the current application and re-apply ? Is there way out of these checks or chances they SPR eligibility will not be denied after so long like 7 months.

As a PR, you are required to be residing Canada at the time the application is submitted in order to qualify as a sponsor. You had been outside of Canada for 5 months at the point your application was received. So IRCC would regard this as not residing in Canada. This wasn't a short trip. It was a a prolonged absence. It's such a shame that you didn't wait two short weeks before you submitted your application.

It is good news that you returned to Canada 15 days later. It is bad news that the fact you weren't living in Canada at the time you submitted the application has been noted by the officer and that it's been specifically stated that you are ineligible to sponsor.

Both refusal and approval are possible at this point. It's impossible for me to say which it's going to be. However I would certainly say you are at a high risk of refusal given the ineligibility comment. And yes, they can refuse you at any time, even after 7 months (or longer). Normally I would say that additional short travel is OK, but I think in your case it's not going to help you and may potentially harm you given the length of the trips and how many there have been since you returned. If you look at it from IRCC's perspecitve (whcih is all that matters here), you were outside of Canada for 5 months at the time you submitted the application. Then out of the following 7 months, you've spent around 3 of those months outside of Canada. So that's 8 months outside of Canada in the last 12 which does make it feel like you are living abroad more than you are in Canada. Anyway, I'm not IRCC and I ultimately don't know what they are going to do. However you should be prepared this is going to conclude as a refusal given your notes already say you are ineligible to sponsor. Good luck. Hope it works out.

 

[YVR123]

Hi all, @scylla

Need some inputs on this thread.
Similar situation, except I mailed the application package to my relatives, and then domestic courier to CPC Sydney. I did not mention I was outside.

Application received : April 2nd 2021
16 days after (as soon as I could get on a flight) I came back to Canada.

AOR received - May 6th 2021
GCMS notes

Sponsor Eligibility: In progress. Partner check initiated for: -Social assistance check
Despite current risk mitigation protocol, a social assistance check has been initiated
......
SPR is PR residing abroad - ineligible to sponsor. SPR landed on **** as a CE1 SPR has submitted the following documents
Application locked in on


I was out of Canada for like 5 months before submitting the spousal sponsorship application (Even my PR landing was automatic, when I was away during COVID crisis)

GCMS notes shows no activity for last 7 months since AOR (May 7, 2021)

I wonder why that residing outside note is there, in spite I was back in country after 15 days. Does this mean they can still refuse SPR eligibility at this point due to this or in coming months ?
It's been 7 months, what more are they checking if they think the SPONSOR is ineligible. Social Assistance checks maybe 3-4 months ? Chances it could be on hold or they are checking something else ?

Call centres and webforms, same response priority has shifted to crisis in Afghanistan.

Can they come back after 1 year and refuse sponsor eligibility on this ground ?

How do they really determine 'RESIDING IN CANADA' ? I am paying taxes, have my leases, bills, I travelled out of Canada but only for 20-25 days. Considerable time like 2-3 weeks is ok ? I have travelled 3 times since we applied but all like 25 days. I had to travel for work and business.
I believe it is fine if you are not away for a long time 'IN ONE STRETCH'?


And they keep refusing TRV's for spouses. Like you can do nothing ..... The system cannot scale and is generating more and more pain for ppl



Any suggestions. Is it better to withdraw the current application and re-apply ? Is there way out of these checks or chances they SPR eligibility will not be denied after so long like 7 months.

I think IRCC noticed that you were out of the country when the application was submitted.
You also lied in the application (your address history likely was listed in Canada even though you were not living there for the 5 months that you were outside). This is misreprenstation.

You should have waited the 15 days and submit your application after you have returned to Canada.

They actually use the term living in Canada

• living in Canada:
  • if you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident.
  • You can’t sponsor someone if you’re a permanent resident living outside of Canada.

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#before

You started to live in Canada AFTER you have returned from your 5 months abscence.

Did you land using eCOPR? You can only do that if you were inside.... May be I am mistaken with some special cases during COVID.

 

[armoured]

(Even my PR landing was automatic, when I was away during COVID crisis)

Could you explain what this phrase means?

Were you an inland applicant? When was your landing and where were you physically when it occurred? What do you mean it was 'automatic'? Did you receive your PR card?

 

[ItsTrue]

Both refusal and approval are possible at this point. It's impossible for me to say which it's going to be. However I would certainly say you are at a high risk of refusal given the ineligibility comment. And yes, they can refuse you at any time, even after 7 months (or longer). Normally I would say that additional short travel is OK, but I think in your case it's not going to help you and may potentially harm you given the length of the trips and how many there have been since you returned. If you look at it from IRCC's perspecitve (whcih is all that matters here), you were outside of Canada for 5 months at the time you submitted the application. Then out of the following 7 months, you've spent around 3 of those months outside of Canada. So that's 8 months outside of Canada in the last 12 which does make it feel like you are living abroad more than you are in Canada. Anyway, I'm not IRCC and I ultimately don't know what they are going to do. However you should be prepared this is going to conclude as a refusal given your notes already say you are ineligible to sponsor. Good luck. Hope it works out.

Well, we might just withdraw and re-apply. I saw applications from March/April 2021 have gotten DM/PPR and I believe what in majority of applications Sponsor Approval is like 2-3 days ? If it is getting stuck for this long there may be something wrong. And, it would be totally insane if they refuse you for this very reason after so long in-spite of this note on file. We opted to discontinue application if SPR is found in-eligible. Also, there was 2 other notes like from June (1 month after), something related to secondary visa office for PA. They sent acknowledgement the very next day saying it is IN-PROCESS

Can my spouse apply for a PR through other programs eg, nominations etc along with sponsorship application in process ? We applied for Visitor TRV like 3 times. 1 before we were married, 1 before sponsorship and 1 after. All three were refused with plain generic reasons. Applications were strong but it's just IRCC you're dealing with. No TRV for spouses.

 

[scylla]

Well, we might just withdraw and re-apply. I saw applications from March/April 2021 have gotten DM/PPR and I believe what in majority of applications Sponsor Approval is like 2-3 days ? If it is getting stuck for this long there may be something wrong. And, it would be totally insane if they refuse you for this very reason after so long in-spite of this note on file. We opted to discontinue application if SPR is found in-eligible. Also, there was 2 other notes like from June (1 month after), something related to secondary visa office for PA. They sent acknowledgement the very next day saying it is IN-PROCESS

Can my spouse apply for a PR through other programs eg, nominations etc along with sponsorship application in process ? We applied for Visitor TRV like 3 times. 1 before we were married, 1 before sponsorship and 1 after. All three were refused with plain generic reasons. Applications were strong but it's just IRCC you're dealing with. No TRV for spouses.

Your call whether you withdraw and reapply. I can't advise you on that.

Yes, your spouse can apply for PR through EE or PNP in parallel.

 

[ItsTrue]

I think IRCC noticed that you were out of the country when the application was submitted.
You also lied in the application (your address history likely was listed in Canada even though you were not living there for the 5 months that you were outside). This is misreprenstation.

You started to live in Canada AFTER you have returned from your 5 months abscence.

Did you land using eCOPR? You can only do that if you were inside.... May be I am mistaken with some special cases during COVID.

Yes. I would have waited had I known that I will be able to fly back in 15 days.

I was gone for 5 months, but still had my house, job, bills etc. I have been living here for couple of years. Why is it misrepresentation ? I was gone and then got stuck. This is how we interpreted, PR sponsor should be residing in Canada i.e his residence, SIN, house etc should be in Canada. They should not be outside for too long. It doesn't clearly specify that at the time of submission you should be physically present here.

@armoured @YVR123
My PR was approved couple of weeks after I left and since it was an inland application, I got auto-landed (without having to go out first) with an e-COPR or what not, I did not provide my PR card on the spousal sponsorship application, but instead gave them the official PR document letter which was sent to me when they landed me in the system. And a note that PR card is in processing.

 

[armoured]

@armoured @YVR123
My PR was approved couple of weeks after I left and since it was an inland application, I got auto-landed (without having to go out first) with an e-COPR or what not, I did not provide my PR card on the spousal sponsorship application, but instead gave them the official PR document letter which was sent to me when they landed me in the system. And a note that PR card is in processing.

I defer to others who may know better, but I believe one of the conditions of inland "landing" (the virtual landing process) in this way is that the individual physically be in Canada at the time this happens.

Were you asked to confirm at any point of this final part of process that you were in Canada? (I ask as this is part of the process now, I understand).