Inland Applicants - Rules around leaving Canada during application process

[LindaH]

Hi there, could anybody shed some light on the rules around leaving Canada whilst an INLAND Common Law application is being processed. I have a number of questions / scenarios below that I imagine may apply to many applicants. I have tried to call CIC many times to get clarity but phone lines are always too busy to speak to an agent.

My overall understanding is that the PRINCIPAL APPLICANT must stay in Canada throughout the entire process (from the date the application was sent) - even if they do hold a valid work, visitor and study permit - and must remain in Canada until the final decision has been made on the application (so how ever long it takes - processing times are currently 12 months). The SPONSOR is allowed to travel in and out of Canada as they please.

1) The PRINCIPAL APPLICANT has valid status (for example holds a visitor, work or study permit)
If the applicant HAS valid status in Canada, does this mean that they can travel in and out of Canada during the common law application process?

2) The PRINCIPAL APPLICANT is on Implied Status in Canada (for example, awaiting OWP)
If the applicant DOES NOT have valid status is Canada, or if their previous permit has expired (aka Implied Status), and they are waiting for their OWP to be approved (if they applied for one along side their common law application) my understanding is that they would leave Canada at their own risk (if they have an urgent family matter or want to take vacation) and must be prepared to be refused entry upon arrival into Canada.

3) The PRINCIPAL APPLICANT has been approved an OWP
If the applicant includes an OWP application alongside their common law application, which has been approved, can the applicant leave Canada (for a vacation or urgent family matter) and return to Canada on their OWP? Or must the applicant remain in Canada until the application process is fully complete?

Response to the above would be greatly appreciated, as I am not sure if the above is accurate!
Thank you ~L

 

[scylla]

1) If the applicant holds a valid visitor visa, they still leave at their own risk. Good chance they will be allowed back into Canada but never guaranteed.
3) Leaving is at your own risk and the OWP doesn't guarantee re-entry. As with the above, high chance there will be no issues - but never guaranteed.

Also keep in mind that inland requires the primary applicant to be living in Canada with the sponsor. If the primary applicant is gone too long - that may be a problem for the application.

 

[LindaH]

1) If the applicant holds a valid visitor visa, they still leave at their own risk. Good chance they will be allowed back into Canada but never guaranteed.
3) Leaving is at your own risk and the OWP doesn't guarantee re-entry. As with the above, high chance there will be no issues - but never guaranteed.

Also keep in mind that inland requires the primary applicant to be living in Canada with the sponsor. If the primary applicant is gone too long - that may be a problem for the application.

Thanks for your response, it's pretty much as I thought then. Yep I understand that inland requires the principal applicant to be living in Canada with the sponsor. I am the applicant, and living with my partner (sponsor) here in Canada. I have just been too worried to leave the country during this process in case I don't let back into Canada, and therefore not joining him on our vacations abroad this year lol!

We haven't received AOR yet (we only sent our application 19th Feb 2019) so we're expecting to get AOR in the next 1-2 months, assuming everything is okay and they don't send our application back to us! I am also currently waiting for a visitor visa to be approved. I currently having Implied Status, and applied for a second visitor visa last month in case there is an emergency which requires me to leave Canada briefly - having a valid visitor visa may help me to re-enter Canada with not too many questions asked, if I need to. I was advised to do this when I re-entered Canada on my previous visitor visa (expired 1.march) last month!

Thanks again, appreciate your help!