Can sponsor leave canada?

[zardoz]

See http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-57.html#docCont Section 133(1)(a) followed by http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-55.html#h-75 Section 130(1)(b)

As soon as CIC judge the sponsor to not be complying with 130(1)(b) the sponsorship application fails.

 

[Pinkblush]

I am going home since we want to have our church wedding..thats the original plan..we got married in civil rites..but then another thing just came up because i have a medical emergency..i need surgery and i cant do it here in canada since im alone. No ones gonna take care of me..our wedding is next year but because of my health issues i wanna leave soon..this is tormenting because i want him to be with me but going home is like giving up our dreams together..i dont have much choice
If i stay here and undergo surgery alone i will be still be useless here

 

[screech339]

I am going home since we want to have our church wedding..thats the original plan..we got married in civil rites..but then another thing just came up because i have a medical emergency..i need surgery and i cant do it here in canada since im alone. No ones gonna take care of me..our wedding is next year but because of my health issues i wanna leave soon..this is tormenting because i want him to be with me but going home is like giving up our dreams together..i dont have much choice
If i stay here and undergo surgery alone i will be still be useless here

You do what you gotta do. No one is stopping you from leaving for surgery in your home country. Just be aware of the risk you are doing by staying outside Canada for a few months. Don't act all "surprised" if you indeed lose your husband's sponsorship because you decided to leave Canada for a few months. You have been warned of the consequences and will have to start paperwork all over again only this time it carries a red flag the second time around.

Screech339

 

[Pinkblush]

Thank you all for your advice. This may have stirred debates between u guys but i guess the decision of the vo's were of a case to case basis..lemme share something..my aunt filed to sponsor my cousin and went home right away for 2 mos..my cousin is now here and she had no problems. Again maybe that was a different thing cos its not a spousal application..but if u look at it then shes was a sponsor who left canada..
Another thing is that i called cic call center for 3x in 3 different days with 3 different csr's answering my call.. They had the same answer--it wont affect the papers..
Now im just asking for your views here since its really different talking to people who have had "experiences".. I thank u all for the nice response and advice..this is a matter of life and death for me..if i value my life i would go home..im sure my husband would understand and if its Gods will for his visa to be denied then i would accept that..im sure theres always a plan b..as long as im healthy and still breathing then theres hope..
Thank u and hugs to everyone of u!

 

[raquels787]

Are you sponsoring your husband inland or outland? As far as I know if you submitted your application inland and you're a PR, you must be in Canada during the entire processing of your application. Outland processing might have different rules. I am a PR as well and I'm sponsoring my husband thru outland processing. We submitted our application on May 25, 2013 and got sponsorship approval on June 21, 2013. I always wanted to go back in my home country(Philippines) and stay with my husband while waiting for his application approval. Just to make sure, I called multiple time to CIC and talked to different people from there, I asked them if it's ok to leave Canada while I'm sponsoring my husband, I specify that my application is outland and I am a permanent resident. All of them said it's fine and I can stay outside Canada for up to three years. As a permanent resident, we have a residency obligation which is you have to be present in Canada for exactly 2 years within 5 yr. period. Right now I'm here in the Philippines and staying with my husband since July 27, 2013 and planning to go back to Canada when my hubby get his visa, hopefully on January.

 

[screech339]

Are you sponsoring your husband inland or outland? As far as I know if you submitted your application inland and you're a PR, you must be in Canada during the entire processing of your application. Outland processing might have different rules. I am a PR as well and I'm sponsoring my husband thru outland processing. We submitted our application on May 25, 2013 and got sponsorship approval on June 21, 2013. I always wanted to go back in my home country(Philippines) and stay with my husband while waiting for his application approval. Just to make sure, I called multiple time to CIC and talked to different people from there, I asked them if it's ok to leave Canada while I'm sponsoring my husband, I specify that my application is outland and I am a permanent resident. All of them said it's fine and I can stay outside Canada for up to three years. As a permanent resident, we have a residency obligation which is you have to be present in Canada for exactly 2 years within 5 yr. period. Right now I'm here in the Philippines and staying with my husband since July 27, 2013 and planning to go back to Canada when my hubby get his visa, hopefully on January.

OP has applied inland which a completely difference situation from PRs that applied outland. When sponsorship is done outland, it doesn't affect the PRs and Canadians from their obligation to stay within Canada. They can all leave and enter Canada as often and how long they like to stay outside Canada, provided that PRs maintain their residency requirement to maintain their PR status.

Screech339

 

[goodman36]

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!

Keep the trip under 4 weeks just to be safe. Then after a few more months you can go back for a few weeks. Do not need to notify anyone as it may complicate matters.

 

[screech339]

my aunt filed to sponsor my cousin and went home right away for 2 mos..my cousin is now here and she had no problems. Again maybe that was a different thing cos its not a spousal application..but if u look at it then shes was a sponsor who left canada..

If your cousin left for a couple of months right after submitting application probably didn't affect their application. For one, they left and got back before AOR stage has been released. Once the AOR has been sent, they are in the system now. Prior to getting their AOR stage, their application was probably collecting dust until someone opened the application and put it in the system.

In your case, you got AIP stage. You are pretty far into the process. So you are now in the system. Plus with Canada now starting to track people leaving the country, they will know you have left.

Screech339

 

[zardoz]

Some examples of people who got this badly wrong...

http://www.canlii.org/en/ca/irb/doc/2012/2012canlii98543/2012canlii98543.html

http://www.canlii.org/en/ca/irb/doc/2009/2009canlii29470/2009canlii29470.html

http://www.canlii.org/en/ca/irb/doc/2010/2010canlii95383/2010canlii95383.html

http://www.canlii.org/en/ca/irb/doc/2011/2011canlii95414/2011canlii95414.html

Do with this information what you will....

 

[truesmile]

Thank you all for your advice. This may have stirred debates between u guys but i guess the decision of the vo's were of a case to case basis...

Just to be clear, only ONE member here provided incorrect advice, but did so more than once. And "no", it's not a 'case to case' basis, if the VO uncovers you're not in Canada the application will fail immediately and you have no chance for appeal. Face it, they NEED reasons to deny a few applications for PR here and there, this is just providing them with a gimme!

 

[Yasmine_GRL]

I think a good lawyer could explain better the difference between residing in another country while PR of Canada and visiting another country while PR of Canada.

Canlii decisions explain pretty well why those cases were dismissed.

In the end i have nothing to gain and nothing to lose, but there are members that are seen as seniors and their words value more. When people ask for advice would be nice to explain to them the facts and let them decide what to do and not advice them to cancel the application without solid grounds or make up the 3-4 weeks rule.

 

[SenoritaBella]

I can't help but wonder who makes these rules. Most overseas flights are over $2000, people can't afford to pay that for a visit under a month. Yet, will be penalised for not "visiting" each other, but they can't get a visa. As a PR, you can do everything but vote and work in high security jobs. If PRs are paying taxes, why can't they specify the length of time they can visit overseas?

 

[belch]

Are you sponsoring your husband inland or outland? As far as I know if you submitted your application inland and you're a PR, you must be in Canada during the entire processing of your application. Outland processing might have different rules. I am a PR as well and I'm sponsoring my husband thru outland processing. We submitted our application on May 25, 2013 and got sponsorship approval on June 21, 2013. I always wanted to go back in my home country(Philippines) and stay with my husband while waiting for his application approval. Just to make sure, I called multiple time to CIC and talked to different people from there, I asked them if it's ok to leave Canada while I'm sponsoring my husband, I specify that my application is outland and I am a permanent resident. All of them said it's fine and I can stay outside Canada for up to three years. As a permanent resident, we have a residency obligation which is you have to be present in Canada for exactly 2 years within 5 yr. period. Right now I'm here in the Philippines and staying with my husband since July 27, 2013 and planning to go back to Canada when my hubby get his visa, hopefully on January.

Hello!

How was your sponsorship after you left canada for months? Was there any problem?
Same problem here with me hope you can help share your experience. Thank you

 

[YVR123]

Hello!

How was your sponsorship after you left canada for months? Was there any problem?
Same problem here with me hope you can help share your experience. Thank you

why are you reviving OLD discussion that's not active since 2013!!!

If you are a PR and leave Canada for months during your spousal/family sponsorship, you risk getting a denial.

 

[belch]

why are you reviving OLD discussion that's not active since 2013!!!

If you are a PR and leave Canada for months during your spousal/family sponsorship, you risk getting a denial.

Because i’m trying to get answers from those who has experienced the same case before.