how long can i leave the country?

[richard508]

Just wondering how long I can be out the country and away from my sponsor while my PR application it processing?
My sponsor is my common law partner and we have already lived together for over 2 years. My work visa ran out in Canada so I've had to go back to Australia to work, does it matter how long im away from my partner and out of Canada for?

 

[rhcohen2014]

was your application submitted as outland or inland?

 

[richard508]

inland

 

[Gaymer]

It is highly recommended to not leave the country while an inland application is being processed. If for some reason you are denied entry when you return to Canada, your application is abandoned. Consider if it's worth taking that chance. Also, you're supposed to remain in the country during an inland application's process. You can't just leave to work in a different country. Should've done outland instead.

 

[commonlawsponsor]

I think he has already left.....

If you have, don't worry too much. Since you are from Australia, a visa exempt country, the chances of you being denied entry back into Canada are low. Of course there is always a chance they won't let you in, so that is why people recommend not leaving the country. If you already have, there is nothing you can do about it now. My cousin's British wife, left the country while her inland application was in process and she came back to Canada without any problems.

As for your application, I'm not 100% sure, but I think I have read on here that once you have established common-law, it doesn't matter if you live apart for some time. So if you are there for 2 months, or 6 months, it is ok.

 

[zardoz]

If you have ceased to reside in Canada with your sponsor, there is a strong possibility that your application will be rejected.

http://www.cic.gc.ca/english/information/applications/spouse.asp

Use this application if:

• you are the spouse or common-law partner of a Canadian citizen or permanent resident,
• you want to apply for permanent residence and
• both you and the sponsor live in Canada.

If you do not live in Canada, DO NOT use this form.

 

[Rob_TO]

So if you are there for 2 months, or 6 months, it is ok.

No, this is definitely not correct.

For an inland application, it is expected that you are residing in Canada during entire application time. Simply by leaving Canada for an extended time, if CIC thinks you are no longer residing in Canada, they will simply cancel the application while OP is in Australia. Any trip shouldn't be more than 2-3 weeks in duration.

And as Zardoz mentioned, it's mandatory that during the inland process the applicant is cohabiting with sponsor. This is true for common-law or married spouses. The second CIC learns that applicant is no longer living with sponsor, they will simply cancel the application. See here for more: http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf
5.28. Applicants who leave Canada before a final decision is taken on their application for permanent residence
An applicant's departure from Canada after the application is stamped as received or after assessment of eligibility for membership in the spouse or common-law partner in Canada class may affect their ability to become a permanent resident.
A foreign national becomes a permanent resident, if following an examination, it is established that they meet the selection criteria and other requirements applicable to that class as per R72(1)(d).
Foreign nationals are not provided with any guarantees that they will be allowed to return to or reenter Canada. If they are unable to do so, their application for permanent residence may be refused because they are not cohabiting with their spouse or common-law partner at the time the case is finalized [R72(1)(d) and R124(a)].
It may therefore be appropriate to counsel applicants who are outside Canada to withdraw their spouse or common-law partner in Canada class application and submit a new application for a permanent resident visa to the CPC-Mississauga (CPC-M).

10.1. Assessment of relationship
One of the eligibility criteria in R124 is cohabitation with the sponsor in Canada.
Documents provided as proof of the relationship should also establish that the spouse or common-law partner and the sponsor are living together. If this is not clear from the evidence available, the CPC-V should request further documents or refer to a CIC for an interview (see sample letter in Appendix F – Invitation to Examination Interview).
Persons who are not cohabiting with their sponsor at the time CIC seeks to grant permanent residence (persons who have been removed or who have left Canada voluntarily), are not eligible to be granted permanent residence in the Spouse or common-law partner class and may apply in the family class (overseas).


OP, how long into the inland process are you? At around 9 months or so, you should be getting an open work permit.

In hindsight if you wanted to leave Canada, you should have applied outland through Sydney office. This would have given you fastest possible processing time.

 

[mikeymyke]

It sounds like you're already out of the country right? You just have to hope and pray they don't deny you at the border now. Good news is you're from Australia so there's a low chance they will deny you since you're not working illegally or doing something you're not supposed to. I don't know much about inland OWP, but can't you just simply extend it instead of letting it run out?

Also, since it sounds like you're gonna work in Australia, it looks like it will be a long term stay, and this is a definite NO NO for inland, if CIC finds out, they will refuse you. Didn't your partner at least tell you about this before you decide to go for Australia?

 

[Alurra71]

Just wondering how long I can be out the country and away from my sponsor while my PR application it processing?
My sponsor is my common law partner and we have already lived together for over 2 years. My work visa ran out in Canada so I've had to go back to Australia to work, does it matter how long im away from my partner and out of Canada for?

If you filed an Inland application, if you leave the country for more than just a 'vacation' you application can/will be denied as you no longer meet the requirements of an Inland sponsorship application. So, i guess that means you can't be away from your partner/sponsor for more than a couple weeks.

 

[alicia13]

If you filed an Inland application, if you leave the country for more than just a 'vacation' you application can/will be denied as you no longer meet the requirements of an Inland sponsorship application. So, i guess that means you can't be away from your partner/sponsor for more than a couple weeks.

And even if you're from a visa-exempt country such as Australia and just leave for a few weeks there is no guarantee that you will be granted re-entry upon return right? Especially if you're on implied status.

 

[zardoz]

And even if you're from a visa-exempt country such as Australia and just leave for a few weeks there is no guarantee that you will be granted re-entry upon return right? Especially if you're on implied status.

"Implied status" dies the moment that you leave Canada.

 

[alicia13]

"Implied status" dies the moment that you leave Canada.

And banking on getting a visitor's visa upon re-entry (even a passport holder from a visa-exempt country) is a long shot according to everyone's experience?

 

[Alurra71]

And banking on getting a visitor's visa upon re-entry (even a passport holder from a visa-exempt country) is a long shot according to everyone's experience?

It's not that it's a long shot, it's that it is totally up to the person you meet at CBSA. I wouldn't like to take the odds that that particular officer is having a good day

 

[alicia13]

It's not that it's a long shot, it's that it is totally up to the person you meet at CBSA. I wouldn't like to take the odds that that particular officer is having a good day

Lol...yes. Without a safety net of some sort it does seem a little too risky!

 

[mikeymyke]

I think richard is saying "Oh s***" right about now.