My husband and I submitted our inland application in February 2021. I am a canadian citizen ( the sponsor) and my husband the applicant . I am thinking on moving out of canada for awhile , while my husband stays in canada. Will our application be affected if I leave ?
Canadian Citizen sponsor leaving Canada while in process for inland application
- Thread starter lighta1000
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Same question! We submitted inland in March and I am supposed to leave Canada for my studies for a few months in the fall.
I was on the phone with IRCC yesterday asking about this and, while they are always extremely nice and helpful, the information they provided was vague.
At what point do they consider our applications 'abandoned'? How much does IRCC communicate with the CBSA? Do they really 'know' when we are out of the country? The IRCC staff member told me directly 'we won't know if you're not here' and then still advised that we stay in Canada.
As an example, I have Swiss residency (I have to maintain Swiss residency for my studies), but I have not entered Switzerland in over a year. I even renewed my Swiss residency via mail this year with help from a friend. Is this what the Swiss government wants? No. Could they revoke my residency? Yes. Have they done so? No!
How is it any different here in Canada?
It's the same. Perhaps more conservative commentators warning what could happen; if you want to take the risk, go ahead.
Here are the actual rules:
You can become a sponsor if you are:
You can apply under the Spouse or Common-Law Partner in Canada class if your spouse or common-law partner cohabits (lives) with you in Canada and has temporary resident status.
If you or your sponsored relative don’t meet all immigration requirements,
You are taking significant risks by leaving Canada as you will no longer live with your spouse in Canada which is a clear criteria (it depends on the length of your trip, if you just go for a vacation, it is quite different than relocating, working and living in another country).
If the Applicant leaves with you and you go live there (studying in another country would also be living there and not in Canada), you would fail to meet multiple criteria of the inland application.
Overall, as said many times it is a gamble that only you can assess. We do not know your exact circumstances and plenty of people will tell you that you'll be fine, with plenty others telling you that it is a significant risk. They will have the ability to know you lied about where you live, but will they actually check before you come back, nobody can tell you for sure. If you're lucky everything will be fine, you'll have played the system, if you're not, you'll have to reapply.
You can become a sponsor if you are:
- at least 18 years old
- a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident,
- living in Canada:
- if you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident.
- You can’t sponsor someone if you’re a permanent resident living outside of Canada.
You can apply under the Spouse or Common-Law Partner in Canada class if your spouse or common-law partner cohabits (lives) with you in Canada and has temporary resident status.
If you or your sponsored relative don’t meet all immigration requirements,
- the application will be refused
You are taking significant risks by leaving Canada as you will no longer live with your spouse in Canada which is a clear criteria (it depends on the length of your trip, if you just go for a vacation, it is quite different than relocating, working and living in another country).
If the Applicant leaves with you and you go live there (studying in another country would also be living there and not in Canada), you would fail to meet multiple criteria of the inland application.
Overall, as said many times it is a gamble that only you can assess. We do not know your exact circumstances and plenty of people will tell you that you'll be fine, with plenty others telling you that it is a significant risk. They will have the ability to know you lied about where you live, but will they actually check before you come back, nobody can tell you for sure. If you're lucky everything will be fine, you'll have played the system, if you're not, you'll have to reapply.
Just in order to help people make informed decisions, there are a few cases for people to consider, of course every circumstances are different but I believe it matters as many say they've never heard of someone being refused for living somewhere else:
Notice that it takes an enormous amount of time and effort to find on this forum or on Canlii, relevant information/cases and therefore I will not look for more at this time.
https://www.canlii.org/en/ca/irb/doc/2010/2010canlii95383/2010canlii95383.html
Furthermore:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/does-temporarily-living-seperate-and-apart-affect-regulation-124-a.665624/
Hopefully this provides more information to determine whether this is a risky choice or something worth pursuing. There will be plenty of cases of people who were fine despite being in the same situation or similar I am sure, but that depends on each person's luck.
Notice that it takes an enormous amount of time and effort to find on this forum or on Canlii, relevant information/cases and therefore I will not look for more at this time.
https://www.canlii.org/en/ca/irb/doc/2010/2010canlii95383/2010canlii95383.html
The reasons for the visa officer’s conclusion are outlined in the letter of refusal dated August 5, 2009.[2] The visa officer determined that the appellant was not a sponsor as described in paragraph 130(1)(b) of the Immigration and Refugee Protection Regulations[3] (IRPR), because he did not reside in Canada on the day on which the application was filed and from that day until the day the final decision was made, in accordance with paragraph 133(1)(a) of the IRPR. The application was therefore refused under subsection 11(1) of the IRPA.
https://www.canlii.org/en/ca/irb/doc/2009/2009canlii29470/2009canlii29470.htmlThe panel finds that subsection 133(1)(b)[9] of the IRPR, read in conjunction with subsection 120(b)[10] of the IRPR, is clear and requires no in-depth analyses. The appellant had to meet the requirements of subsection 130(1)(b) from the lock-in date of his sponsorship application until the visa officer made a decision on the foreign national’s application for permanent residence in Canada. The panel finds, on a balance of probabilities, that, while the appellant may have been domiciled in Canada, he was residing in China during the period in question. Furthermore, since he is a permanent resident and not a citizen, the leniency provided for in subsection 130(2)[11] of the IRPR is of no avail to him.
Note here that both people above are citizens and therefore the leniency would apply BUT the leniency does not eliminate the risk for other breach of eligibility.
https://www.canlii.org/en/ca/irb/doc/2012/2012canlii98543/2012canlii98543.htmlTo this end, in order to qualify as a sponsor for the purposes of the legislation, the appellant must be a Canadian citizen or permanent resident who resides in Canada. An exception is made by section 130(2) of the IRPA for Canadian citizens who do not reside in Canada. The appellant, however, is not a Canadian citizen, but rather, a permanent resident of Canada.
[11] Section 133 of the IRPR states:
133.(1) Requirements for sponsor -- A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor
(a) is a sponsor as described in section 130;
Furthermore:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/does-temporarily-living-seperate-and-apart-affect-regulation-124-a.665624/
After a long wait of close to 30months my application was refused by an immigration officer on grounds that
me and my wife have been living seperate and apart in two different cities in Canada and hence the Officer
concluded that I am not eligible for permanent residence in canada class because regulation 124(a) state that a foreign national is a member of the spouse or common law partner in canada class if they are the spouse or common law partner of the sponsor and cohabit with the sponsor in canada.
The couple is married, but failed to cohabit in Canada (and both were in Canada) therefore got refused, I would suspect that living in different countries would only make it worse.Hopefully this provides more information to determine whether this is a risky choice or something worth pursuing. There will be plenty of cases of people who were fine despite being in the same situation or similar I am sure, but that depends on each person's luck.
