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Applying Outland, Canada-USA, Spouse (applicant) leaving during application

spinning_sponsor

Star Member
Jan 19, 2015
145
4
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
08-05-2015
Doc's Request.
09-10-2015 and 02-12-2015
AOR Received.
10-06-2015
File Transfer...
06-07-2015
Med's Done....
UPFRONT
VISA ISSUED...
IN PROCESS 09-10-2015 DM 11-02-2015
LANDED..........
11-03-2016
Hello,

I am sponsoring my Common-Law girlfriend who will have lived with me for a full year at the end of this month in Canada. We are submitting the application as Outland Common-Law, meaning that if she were to need an interview, it would be in the USA.

My question is, since we have lived together for a full year, which fulfills the application requirements upon submission, will she be able to return to the USA for several weeks or months without this interrupting/invalidating the application? Will we still be considered Common-Law even though she will be away those few months?

I am confident all the proof of relationship we have put together is in good order, but I don't want her planned multi-week or month trip to the USA to cancel out the application entirely.

I understand applying Inland this would be a huge "NO!", but I'm thinking this is fine for Outland.... can anyone confirm?
 

SchnookoLoly

Champion Member
Mar 5, 2012
1,147
79
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
25 Jan 2012
File Transfer...
24 Apr 2012
Passport Req..
26 Jun 2012
VISA ISSUED...
21 Aug 2012
LANDED..........
08 Dec 2012
For outland, it should be fine. This is geared to British applicants, but as an American applicant the answer is the same. http://britishexpats.com/wiki/Spousal_Sponsorship-Canada/FAQ#We_are_applying_as_Common-Law_partners.2C_but_we_are_living_separately._What_are_the_implications_of_this.3F
 

spinning_sponsor

Star Member
Jan 19, 2015
145
4
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
08-05-2015
Doc's Request.
09-10-2015 and 02-12-2015
AOR Received.
10-06-2015
File Transfer...
06-07-2015
Med's Done....
UPFRONT
VISA ISSUED...
IN PROCESS 09-10-2015 DM 11-02-2015
LANDED..........
11-03-2016
Thanks for the response! I was getting slightly worried that my girlfriend and I have gone through out 1 year of co-habitation for Common-Law application but that would all be moot if she left to go visit home for a few months while the application is in process. (Applying outland)
 

SchnookoLoly

Champion Member
Mar 5, 2012
1,147
79
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
25 Jan 2012
File Transfer...
24 Apr 2012
Passport Req..
26 Jun 2012
VISA ISSUED...
21 Aug 2012
LANDED..........
08 Dec 2012
As the link says, it generally shouldn't be a problem, but I usually suggest it's best to avoid raising the question and not be separated for TOO long. A multi-month trip might raise some flags, but it might also be just fine. Good luck :)
 

jamsham12

Hero Member
Jan 6, 2015
590
17
124
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
01/19/2015
AOR Received.
03/16/2015
File Transfer...
04/21/2015
Passport Req..
In Process: 08/06/2015 DM: 10/31/2015
VISA ISSUED...
11/16/2015
LANDED..........
12/30/2015
spinning_sponsor said:
Hello,

I am sponsoring my Common-Law girlfriend who will have lived with me for a full year at the end of this month in Canada. We are submitting the application as Outland Common-Law, meaning that if she were to need an interview, it would be in the USA.

My question is, since we have lived together for a full year, which fulfills the application requirements upon submission, will she be able to return to the USA for several weeks or months without this interrupting/invalidating the application? Will we still be considered Common-Law even though she will be away those few months?

I am confident all the proof of relationship we have put together is in good order, but I don't want her planned multi-week or month trip to the USA to cancel out the application entirely.

I understand applying Inland this would be a huge "NO!", but I'm thinking this is fine for Outland.... can anyone confirm?
The break should have no bearing on an outland application. My partner is sponsoring me ( i am american) I am not in canada as I need to work in the U.S to support myself during this process we are also applying outland, once you have lived together for 1 year and show absolute proof that you have then whatever breaks she may want to take to go back to the U.S and visit or possibly live until P.R should have no bearing on the application hence the term "outside of canada sponsorship".