Can I leave Canada after submitting Parents Sponsorship Application?

[throwawayquestion123]

Hello All,

Just a question that I cant seem to find the answer for.

I have recently submitted the parents sponsorship application and I would like to leave Canada and go live with my parents back home (take care of them), till their application gets approved. Is there any laws against that? How would IRCC track my physical location (I am a Canadian Citizen).

Thank you

 

[YVR123]

Hello All,

Just a question that I cant seem to find the answer for.

I have recently submitted the parents sponsorship application and I would like to leave Canada and go live with my parents back home (take care of them), till their application gets approved. Is there any laws against that? How would IRCC track my physical location (I am a Canadian Citizen).

Thank you

You need to live in Canada.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/sponsor-parents-grandparents/eligibility.html

Normally IRCC will not "Track" your physical location. But you are suppose to update your current resident location if you moved outside of Canada.
If you were ask and do not report accordingly, you would be misrepresenting yourself. You also need to maintain the income to support the required family size until the process is completed. (parents land in Canada as PR)
I am sure there are some cases that people can get away from it. (e.g. live outside and still able to maintain income from Canada during the whole process)

But it's up to you to take the risk. Officially, you need to live in Canada and still able to earn the income to support the family.

 

[throwawayquestion123]

Well, I have a job that allows me to work remotely from anywhere in the world. (US Company, I am currently in Canada, and file to CRA/IRS)

So I guess my best case scenario, is to go visit for extended times (3-4 months) every few months. I have not seen anywhere the requirements of defining a resident of Canada. Is it 6 months and over and you are automatically a non resident?

Trying to work it out somehow!

 

[YVR123]

Well, I have a job that allows me to work remotely from anywhere in the world. (US Company, I am currently in Canada, and file to CRA/IRS)

So I guess my best case scenario, is to go visit for extended times (3-4 months) every few months. I have not seen anywhere the requirements of defining a resident of Canada. Is it 6 months and over and you are automatically a non resident?

Trying to work it out somehow!

Not sure where the line is drawn under IRCC's requirement. To file tax to CRA as tax resident is likely just one part of it.
No. I don't know for sure.

 

[Copingwithlife]

Hello All,

Just a question that I cant seem to find the answer for.

I have recently submitted the parents sponsorship application and I would like to leave Canada and go live with my parents back home (take care of them), till their application gets approved. Is there any laws against that? How would IRCC track my physical location (I am a Canadian Citizen).

Thank you

Your departure information is forwarded to customs.

 

[scylla]

Well, I have a job that allows me to work remotely from anywhere in the world. (US Company, I am currently in Canada, and file to CRA/IRS)

So I guess my best case scenario, is to go visit for extended times (3-4 months) every few months. I have not seen anywhere the requirements of defining a resident of Canada. Is it 6 months and over and you are automatically a non resident?

Trying to work it out somehow!

That's tax residency / CRA rules. IRCC assesses it differently. IMO being out of Canada for 3-4 months every few months will be risky and may make it look like you're primarily living outside of Canada. Ultimately it depends on how much of a risk you're willing to take with the sponsorship application.

 

[armoured]

I have not seen anywhere the requirements of defining a resident of Canada. Is it 6 months and over and you are automatically a non resident?

It is NOT defined in the immigration act - but equally importantly, the immigration act did not reference or use the definition (well-established) of tax resident. So we can say that it is definitely not tax residency.

There is, however, a rather common definition of 'residency' in a common-sense approach that IRCC uses quite a bit, and is also found in the immigration act - physical presence in Canada (used for both the residency obligation and residency part of citizenship).

For spousal sponsorship, they also do seem to enforce - not perfectly, but enforce - requirements that the sponsor (if a PR) must be resident in Canada, and interpret that to mean anything longer than 'short trips.'

So I concur with others: going away for multiple months would be risking it. Note that I don't think there's any practical means to appeal a refusal on this basis, and - given the way the PGP program works - it might mean losing one's opportunity to sponsor for many years, and in some cases - effectively forever.

 

[throwawayquestion123]

No obviously I do not want to jeopardize the sponsorship application at all. I have spent years and years waiting to get selected, and I paid alot of money (to a top notch lawyer) to file the application for me, in order to increase my chances of getting my parents+1 sibling to Canada. It is a life changing matter for them, at least.

Crazy to say, but my life here in Canada is so boring by myself, and I find myself depressed almost everyday - despite having a perfect comfortable life on paper. I just spent most of my twenties working so much, that I never enjoyed the flavour of life. And now, when I have a solid foundation of a life that I want to enjoy overseas, I have to remain here in the cold for another 3 years. Sorry for the rant everyone, and wish everyone best of luck!
Thanks for the tips.

 

[canuck78]

No obviously I do not want to jeopardize the sponsorship application at all. I have spent years and years waiting to get selected, and I paid alot of money (to a top notch lawyer) to file the application for me, in order to increase my chances of getting my parents+1 sibling to Canada. It is a life changing matter for them, at least.

Crazy to say, but my life here in Canada is so boring by myself, and I find myself depressed almost everyday - despite having a perfect comfortable life on paper. I just spent most of my twenties working so much, that I never enjoyed the flavour of life. And now, when I have a solid foundation of a life that I want to enjoy overseas, I have to remain here in the cold for another 3 years. Sorry for the rant everyone, and wish everyone best of luck!
Thanks for the tips.

You always have the option to live overseas with your family and not sponsor you parents and sibling if that makes you happier. If you are working remotely once you pass the 6 month mark of working abroad the employer will need to pay you as a resident of the country you are a resident of. Whether you are a tax resident of Canada is a separate issue and that depends on many things. For all family sponsorship short trips seem to be overlooked but not living in another country for months and for a good portion f every year. Join clubs, do activities, go on a dating app, etc. There are many ways to get out there and meet people. Even if you are with your family it is a good idea to get out and meet other people. If you have spent so much time and effort trying to sponsoring your family then seems crazy to risk refusal. Given that your sibling is likely close to 21 if you get denied he/she may not be able to be included in another PGP application as a dependent.

 

[armoured]

Crazy to say, but my life here in Canada is so boring by myself, and I find myself depressed almost everyday - despite having a perfect comfortable life on paper. I just spent most of my twenties working so much, that I never enjoyed the flavour of life. And now, when I have a solid foundation of a life that I want to enjoy overseas, I have to remain here in the cold for another 3 years. Sorry for the rant everyone, and wish everyone best of luck!
Thanks for the tips.

You can take plenty of short trips without it being an issue. Join a travel club.

If your life in Canada is boring, and lonely - fix that.

And, you may have heard this before - take on a winter sport or activity and learn to dress for winter (layers! Many layers!). I'm dealing with my kid's playmate - bluntly they are afraid of cold and don't dress for it / perhaps don't know how to. We want to go out today, they're afraid to send their kid out. And it really does boil down to, they are just not dressed warmly enough to spend time outdoors. (Granted a lot of Canadians do this - dress just warmly enough to go from building to vehicle and back - you end up hating winter if you do this.)

 

[Copingwithlife]

You can take plenty of short trips without it being an issue. Join a travel club.

If your life in Canada is boring, and lonely - fix that.

And, you may have heard this before - take on a winter sport or activity and learn to dress for winter (layers! Many layers!). I'm dealing with my kid's playmate - bluntly they are afraid of cold and don't dress for it / perhaps don't know how to. We want to go out today, they're afraid to send their kid out. And it really does boil down to, they are just not dressed warmly enough to spend time outdoors. (Granted a lot of Canadians do this - dress just warmly enough to go from building to vehicle and back - you end up hating winter if you do this.)

Exactly . I just flew from Toronto to Calgary for the holidays . I arrived and it was -34. I grew up here . I know the deal . I left Toronto prepared for -34. I’m standing waiting for the LRT and people are dressed in spring jackets , one just had a sweater on just . ( That’s not only psychotic, but bloody dangerous)People can’t complain about the weather when # 1 they don’t dress for it , and or do the wet work on the climate of said country they elected to move to. There’s climate change , but Canada hasn’t miraculously changed into a tropical country in the last 30 years.

 

[canuck78]

You can take plenty of short trips without it being an issue. Join a travel club.

If your life in Canada is boring, and lonely - fix that.

And, you may have heard this before - take on a winter sport or activity and learn to dress for winter (layers! Many layers!). I'm dealing with my kid's playmate - bluntly they are afraid of cold and don't dress for it / perhaps don't know how to. We want to go out today, they're afraid to send their kid out. And it really does boil down to, they are just not dressed warmly enough to spend time outdoors. (Granted a lot of Canadians do this - dress just warmly enough to go from building to vehicle and back - you end up hating winter if you do this.)

Wouldn’t say you can take plenty of short trips without it being an issue especially international short trips. A short international trip or two (2-3 weeks max) a year will likely be fine but wouldn’t travel more than that and risk your application. Tripd within Canada are completely. Technically it says that you must remain in Canada during processing so I wouldn’t push it when it comes to international travel. There is lots to explore in Canada if someone wants to travel.

 

[steaky]

No obviously I do not want to jeopardize the sponsorship application at all. I have spent years and years waiting to get selected, and I paid alot of money (to a top notch lawyer) to file the application for me, in order to increase my chances of getting my parents+1 sibling to Canada. It is a life changing matter for them, at least.

Crazy to say, but my life here in Canada is so boring by myself, and I find myself depressed almost everyday - despite having a perfect comfortable life on paper. I just spent most of my twenties working so much, that I never enjoyed the flavour of life. And now, when I have a solid foundation of a life that I want to enjoy overseas, I have to remain here in the cold for another 3 years. Sorry for the rant everyone, and wish everyone best of luck!
Thanks for the tips.

Travel outside the country for a brief period should not jeopardize the sponsorship application. I co-sponsored my inlaws in 2017 and they landed. Before covid, we used to make frequent grocery/gas day trips to the US sometimes twice a month and also occasional road trips / international flight travels. I understand living in Canada is boring, so we often travel to see the outside world.

 

[armoured]

Wouldn’t say you can take plenty of short trips without it being an issue especially international short trips. A short international trip or two (2-3 weeks max) a year will likely be fine but wouldn’t travel more than that and risk your application. Tripd within Canada are completely. Technically it says that you must remain in Canada during processing so I wouldn’t push it when it comes to international travel. There is lots to explore in Canada if someone wants to travel.

Give it a rest. Can you find/attest to a SINGLE, ONE case of someone having an issue because they took, say, three or four 2-3 week trips in a year? Actual separate trips, each at least a month apart, totalling less than 10 weeks?

Note: I am NOT suggesting that anyone should overdo it - because overdoing it is, by definition, too much. I am saying you have no evidence to support your claim. Put up or shut up.

 

[canuck78]

Give it a rest. Can you find/attest to a SINGLE, ONE case of someone having an issue because they took, say, three or four 2-3 week trips in a year? Actual separate trips, each at least a month apart, totalling less than 10 weeks?

Note: I am NOT suggesting that anyone should overdo it - because overdoing it is, by definition, too much. I am saying you have no evidence to support your claim. Put up or shut up.

4 trips of 2-3 weeks is a lot of travel outside. 12 weeks outside Canada in one year is a substantial amount of vacation time abroad. Even 3 trips of 3 weeks is 9 weeks outside Canada. Most living in Canada don’t even get 2 weeks of paid vacation so 12 weeks (even 9 weeks) is a substantial amount of travel outside Canada in a year. Go nuts with travel within Canada but would limit it to up to 2 trips of 2-3 weeks outside Canada. That is already more than the average amount of international holiday time average people enjoy. If the goal is trying to make sure there are no risks when it comes to their PGP application don’t believe suggesting that 9-12 weeks of international holiday time per year, even if in multiple trips, isn’t risky.