Can sponsor leave canada?

[Pinkblush]

i wanna leave canada to go back to my home country due to an emergency..im a PR here..i sponsored my husband 3 mos ago and was approved to be a sponsor ..can i leave canada? I really need to leave but then im worried his visa will be denied. Any advice pls? Anyone here went out of canada too? Thanks!

 

[zardoz]

i wanna leave canada to go back to my home country due to an emergency..im a PR here..i sponsored my husband 3 mos ago and was approved to be a sponsor ..can i leave canada? I really need to leave but then im worried his visa will be denied. Any advice pls? Anyone here went out of canada too? Thanks!

I have replied to this against one of your other posts.

 

[Pinkblush]

I have replied to this against one of your other posts.

Thanks. I read it. Geeez didnt know this was just soooo difficult

 

[Yasmine_GRL]

Depends on how long you are planning to stay in your home country

 

[Pinkblush]

Depends on how long you are planning to stay in your home country

Planning to stay there for a few months

 

[zardoz]

Planning to stay there for a few months

I think that it's safe to assume that would be enough to risk the application being considered "abandoned" or "ineligible".

 

[screech339]

As I'm sure that zardoz mentioned to you before, as a PR you must remain in Canada during the entire time of the inland process. Only a Canadian sponsor can leave Canada during the process.

Your only option is to call CIC to cancel the sponsorship so you can return to your home country for a few months and then reapply for sponsorship once again when you get back.

Screech339

 

[Yasmine_GRL]

Whoa whoa, wait.

Advising to cancel the application is a little bit extreme.

I have read many times this advice for PR sponsors, that they shouldnt leave Canada for more than 2-3 weeks even if i havent seen the lenght of time actually written in the CIC procedure manuals.

I won't tell you "go ahead and leave the country, everything will be ok". They can use the rule against you and reject the application, of course. But how many times have you heard this actually happening??

The idea is that the sponsor has to be PR. My understanding of the rule is the following: they don't want to/ can't/ prefer not to bother to check if the sponsor's PR is actually still valid (you know the two -or is it three?- out of five years rule in order to keep the residency). Maybe they just check once at Mississauga, and to be safe after, they considered that rule
So it's 99% safer for CIC if the sponsor is residing in Canada.
It's only my opinion, maybe others know better, but..

Fact: the shortest time my husband who sponsored me visited me was 3 weeks and a half. The rest of the visits were for 1, 2, 3 months. The last time he stayed longer than his visitor visa and we had to apply for a permit for him here as a family member. The VO is fully aware of his visits as they asked for proof that he actually came here and visited. They never raised a question about the lenght.

Again, I am not telling you it will be 100% ok for you to leave, but, in my opinion, as long as your canadian ties remain (apart, bank accounts, job etc) being away for a couple of months for a good reason, as you say emergency (in case the VO asks) is pretty valid. You said "a few months", I dont know if that means 3 or 6.

Please don't jump at me for what I said. I'm only saying what I believe, from my experience, with my country's VO

 

[scylla]

The idea is that the sponsor has to be PR. My understanding of the rule is the following: they don't want to/ can't/ prefer not to bother to check if the sponsor's PR is actually still valid (you know the two -or is it three?- out of five years rule in order to keep the residency). Maybe they just check once at Mississauga, and to be safe after, they considered that rule
So it's 99% safer for CIC if the sponsor is residing in Canada.
It's only my opinion, maybe others know better, but..

This is bad information and completely incorrect. To qualify as a sponsor, a PR MUST be physically living in Canada. This is above and beyond the residency application. We have seen plenty of examples here where trips of a few months resulted in an application refusal. Based on what we've seen here, if you keep your trips under a month - you're OK. If it's longer than a month, you are jeopardizing your application.

If your husband was able to visit you as a PR for months at a time while your application was in progress - then you simply got very very lucky. If CIC had found out, you would have been refused.

 

[screech339]

Fact: the shortest time my husband who sponsored me visited me was 3 weeks and a half. The rest of the visits were for 1, 2, 3 months. The last time he stayed longer than his visitor visa and we had to apply for a permit for him here as a family member. The VO is fully aware of his visits as they asked for proof that he actually came here and visited. They never raised a question about the length.

If your PR husband visited you for months at a time, you got extremely lucky that CIC didn't pick that up. You mentioned that they didn't know the length of time your husband left. They may have assumed a week or two visits, not months at a time. You would have easily got refused PR on account on him violating the rules, not once but multiples of times.

That said, the OP mentioned a leaving for FEW MONTHS, not a couple of weeks. Huge difference. The OP would be taking a very huge risk in jeopardizing the application and once the application has been refused, that is now a red flag when they have to do it over again. If OP cancel the sponsorship and then reapply when OP comes back, there is no red flag to worry about , just have to wait a little longer for applicant to get PR.

If OP were to go visit for a week or two, then I would say to OP that she/he would be taking a risk but small, a risk nonetheless.

Screech339

 

[gango girl]

if you go to this link, you will see how many people are suffering by refusing because of this matter. if you go more than one month out of the canada, you'll be rejected as a pr. it'll be a risk. we cant tell it mostly it has happened for many people. as a citizen of canada my husband has come down for few months for visiting. now they are asking me to show the ability to financially support my family from me. now i have to show my ability to support financially to my family by myself. but fortunately i have to show. but if you cant or doesnt have to show, you'll be rejected surely. for pr people they wont ask & wait if the pr is not in canada, they will reject you without any notice.
but its better to visit your spouse anytime possible. but only for short visits.
careful, once you rejected its not an easy game to win back. they will press you more.
go to this link & see
http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.1800.html#top
good luck...

 

[Yasmine_GRL]

I didn't mean to insinuate the rule says anything else than it actually says.
I'm saying that when trying to understand a law, one should also think about what the ruler intented to prevent by inforcing that law. CIC didn't wake up one morning and decided PR sponsors have to be in Canada just because, but of a certain situation they are trying to avoid.
That's why I said they *might* just want to be sure the sponsor qualifies as PR from the moment they apply until the applicant lands. Or maybe another reason that I can't think about with the knowledge I have about CIC

I really don't remember the paragraph, but I'm pretty sure it's main idea was that the Sponsor must be PR and, as you say, living in Canada. I'm sure I read that they allow reasonable visits outside of the country. The rule is subjective because they don't state the allowed lenght of time. Considering circumstances, the country, the lenght of time, how the officer slept the night before and their humour, etc etc, they might prevail the rule in any way they want.

If I wrote a letter, stating dates, calculated lenght of stay, added copies of passport pages of stamps and flight tickets and sent it to the VO at their request... Didn't CIC find out? I was actually afraid after reading on this forum many times the "2-3 weeks rule"

My husband was living in Canada, but visiting me, for longer or shorter visits.

Probably I was lucky, only CIC knows...

Anyway, I still consider canceling the application too extreme, I would at least write a letter or send an inquiry and explain the situation and the intention of >visiting< the home country for the stated reasons, especially if the file was already transferred and sponsor approved.

I want to emphasize that in my opinion the rule is subjective in aspect of lenght of time and the officers are human beings, not Saruman and for sure that paragraph isn't black or white, but pretty grey-ish. And misinterpreted.

 

[zardoz]

I'm sorry Yasmine_GRL but you really are still incorrect. The rule is written in black and white both in the law AND in the operational manuals that CIC uses. If you really need me to, I can prove this to you from the legislation...

Basically, to sponsor anyone you MUST be living inside Canada, but an exemption is made exclusively for Canadian Citizens.

 

[Yasmine_GRL]

I said the VO was fully aware if the visits, that includes length. I have no mention in the notes, that we requested a month before DM, about us breaking any rule.

And living and visiting are two different things. They allow visiting, they dont say for how long...

But if everyone says they're positive that that is the way the rule should be interpreted I will surely keep my mouth shut... Well fingers

 

[keesio]

I didn't know they had such a rule. I always thought the more you visited your spouse, the better. I visited my wife many times during the application. However, most of the visits were about 3 days long (usually weekend trips). I did have a few stretches which were longer but the longest stretch maxed out at 17 days - good reason too since that was when we got married and went on our honeymoon