Can i leave and re-enter later whilst application is processing

[Naalelnak]

Hi everyone,

Im slightly worried that ive submitted my application for spousal sponsorship incorrectly.

I am In canada as a visitor from the UK on an ETA (applied for extension and visitor record approved until Feb 2022), and i am living with my wife (Canadian citizen and my sponsor).

So as i submitted my application from within Canada and was living with my wife, albeit temporarily as ill have to leave late this year, i applied under the 'Family Class' option which stated 'I am currently living in Canada and i am applying under the family class'.

Im now reading that if i were to leave i may not be allowed to re-enter whilst the application is processing and id have to re-submit it as the other option under Family Class which is 'i am currently living outside Canada'.

Is this correct, or can i leave and return at a later date as a visitor whilst the application is processing?

Any help would be appreciated as im just getting confused over all of the info out there.

Thank you

 

[Underhill]

As far as your inland application goes, leaving Canada for a couple of weeks shouldn't be an issue with IRCC.

Being able to get back into Canada under the current travel restrictions is where things get murky. Technically, as a spouse of a Canadian citizen who's residing in Canada you should be able to enter the country regardless of any PR application one may have in progress. The CBSA could decide to prevent you from entering Canada for nearly any reason. Odds are, with solid proof of your relationship to your spouse, you'd be let right in without any issue. Your current inland PR application will mean nothing to CBSA, so you'd be reentering as the spouse of a Canadian under visitor status.

Leaving Canada longer than a couple of weeks could have an impact on your current PR application, and it could be denied or cancelled, forcing you to reapply inland or outland.

If you need to leave Canada for more than a few weeks I'd strongly recommend withdrawing your inland PR application and reapplying outland. This would prevent potential issues of having IRCC deny your current application because you're no longer in Canada.

 

[Naalelnak]

thanks for the response.

if anything ill be leaving in Dec/Jan and be back in April at the latest so hopefully should be ok. Is Family Class considered outland?

 

[Underhill]

thanks for the response.

if anything ill be leaving in Dec/Jan and be back in April at the latest so hopefully should be ok. Is Family Class considered outland?

Yes, spousal PR applications can be submitted inland or outland.

If you've also applied for an open work permit you will need to cancel that as well - OWP's are only for inland applications.

 

[Naalelnak]

Apologies its just the terminology that's confusing me about what's classed as inland and outland.

I understand that 'Spouse or common-Law partner in Canada Class' is for inland and can be used to apply for OWP. I didn't apply for this as i work here remotely for my UK based company and so im not applying for a Work Permit.

For Family class i selected the 'im living in Canada' option rather than the 'currently living outside Canada' as i have been here since October 2020 and technically im living here for the time being as a visitor so i didnt want to submit it saying im in the UK when im not.

So to confirm, Spouse Canada class is inland and Family class is outland?

Thank you

 

[k.h.p.]

If you applied under the outland but currently in Canada option (sounds like it) then you are free to leave and try to return.

If you applied under Spouse or Common Law Partner in Canada Class leaving for four months would not be advised.

It sounds like you applied outland in Canada so you should be okay.

 

[Naalelnak]

If you applied under the outland but currently in Canada option (sounds like it) then you are free to leave and try to return.

If you applied under Spouse or Common Law Partner in Canada Class leaving for four months would not be advised.

It sounds like you applied outland in Canada so you should be okay.

thank you, its that the application form doesnt say inland or outland, just spouse class or family class so i was confusing myself. But yeah i applied 'currently in Canada' Family class so if thats considered outland then fantastic i can rest easy now.

Thanks to you both for your help