Inland Application: We left Canada to take care of family.

[chiefeile]

Hello,

So I'll try to keep this short. Myself (sponsor) and my partner (PA) left Ireland on Dec 9th, 2020 as my father was very ill and recently passed away. We were due to return on March 1st but now my mother has a cancer scare and I want to be here to help her through a very tough time. We plan on returning on April 1st. My partner has been with me the entire time and I know we don't have to be in Canada to maintain common-law status. I left immigration know on our cover letter that we would be leaving the country for this reason and also via the webform.
Now I'm concerned about our application being in jeopardy because we are out of the country even though we are together. We were advised by IRCC on the phone that we could leave the country and as long as my partner's ETA is still valid and we can prove we are a common-law couple, by showing proof such as pr app receipt, and other documents, which we have.
Any advice would be great! I see some posts saying a couple of weeks is ok but it will be 3.5 months by the time we return.
Thank you!

 

[Qwertypod]

Sorry for your situation. Your application could very well be considered abandoned as you are supposed to stay inside country - nobody here will be able to tell you for sure what will happen, and you seem to be aware of the consequences.

Is the sponsor a PR or citizen?

 

[armoured]

When did you submit your application and what stages in the application have been passed so far?

 

[chiefeile]

When did you submit your application and what stages in the application have been passed so far?

We submitted in may but it was sent back and we resubmitted in November. We have received bio reminder. That’s it.

 

[chiefeile]

Sorry for your situation. Your application could very well be considered abandoned as you are supposed to stay inside country - nobody here will be able to tell you for sure what will happen, and you seem to be aware of the consequences.

Is the sponsor a PR or citizen?

Citizen.

 

[armoured]

We submitted in may but it was sent back and we resubmitted in November. We have received bio reminder. That’s it.

I don't know what will happen, with processing times you may be fine. There is a possibility they could decide it's abandoned but who knows? Sorry can't help more.

 

[ndubois67]

Hello,

So I'll try to keep this short. Myself (sponsor) and my partner (PA) left Ireland on Dec 9th, 2020 as my father was very ill and recently passed away. We were due to return on March 1st but now my mother has a cancer scare and I want to be here to help her through a very tough time. We plan on returning on April 1st. My partner has been with me the entire time and I know we don't have to be in Canada to maintain common-law status. I left immigration know on our cover letter that we would be leaving the country for this reason and also via the webform.
Now I'm concerned about our application being in jeopardy because we are out of the country even though we are together. We were advised by IRCC on the phone that we could leave the country and as long as my partner's ETA is still valid and we can prove we are a common-law couple, by showing proof such as pr app receipt, and other documents, which we have.
Any advice would be great! I see some posts saying a couple of weeks is ok but it will be 3.5 months by the time we return.
Thank you!

Hi, I'm just wondering if you have any updates? Having a similar dilemma.

 

[chiefeile]

Hi, I'm just wondering if you have any updates? Having a similar dilemma.

Hey

We had no issues. As long as you can show why you left and that you are basing your lives in Canada and not somewhere, you should be fine.
We had proof of visa application in process with my dads death certificate and we also has drivers licenses with same addresses. Just have enough proof upon return and you will be ok I’m sure.

 

[canuck78]

Hey

We had no issues. As long as you can show why you left and that you are basing your lives in Canada and not somewhere, you should be fine.
We had proof of visa application in process with my dads death certificate and we also has drivers licenses with same addresses. Just have enough proof upon return and you will be ok I’m sure.

Has your Inland sponsorship been approved and have you landed? You will be able to return no problem but it is the inland processing that could be an issue. Until you've landed don't think you can say it hasn't affected you. Had you applied outland there would be no problem.

 

[chiefeile]

Has your Inland sponsorship been approved and have you landed? You will be able to return no problem but it is the inland processing that could be an issue. Until you've landed don't think you can say it hasn't affected you. Had you applied outland there would be no problem.

It wasn’t approved. It was just submitted but we didn’t even have AOR yet. We arrived back a month ago and both immigration officials said nothing and it was a very easy process.

We just received our AOR last week and linked our application and OWP. There is nothing on thE IRCC website saying you cannot leave during an inland app process. If you were to leave alone or individually that may be different but we left and returned to after four months. All went smoothly.

 

[canuck78]

It wasn’t approved. It was just submitted but we didn’t even have AOR yet. We arrived back a month ago and both immigration officials said nothing and it was a very easy process.

We just received our AOR last week and linked our application and OWP. There is nothing on thE IRCC website saying you cannot leave during an inland app process. If you were to leave alone or individually that may be different but we left and returned to after four months. All went smoothly.

Nobody would have commented on the processing of your sponsorship at the point of entry. Whether your time outside Canada will have implications hasn't been determined. In Inland processing requirements it says that the applicant must be in Canada.

 

[chiefeile]

Nobody would have commented on the processing of your sponsorship at the point of entry. Whether your time outside Canada will have implications hasn't been determined. In Inland processing requirements it says that the applicant must be in Canada.

We left together. I put it on our cover letter when we submitted the application. I spoke with multiple immigration agents and lawyers. There is no rule saying you cannot leave Canada at all. You can but you just need to show that you are basing your life centrally in Canada. I went home to take care of my father and then lay him to rest. If my partner was refused entry the application would be cancelled and deemed abandoned.
Upon returning we had to prove we were in a common law relationship. Sure you’re supposed to be in Canada “together” but we left together, returned together. The application wasn’t abandoned. If they cancel the application because we went home to take care of family, I’ll happily leave Canada and return home.

 

[k.h.p.]

We left together. I put it on our cover letter when we submitted the application. I spoke with multiple immigration agents and lawyers. There is no rule saying you cannot leave Canada at all. You can but you just need to show that you are basing your life centrally in Canada. I went home to take care of my father and then lay him to rest. If my partner was refused entry the application would be cancelled and deemed abandoned.
Upon returning we had to prove we were in a common law relationship. We left together, returned together. The application wasn’t abandoned. If they cancel the application because we went home to take care of family, I’ll happily leave Canada and return home.

Did you see the part about an inland application requiring you to be in Canada as part of eligibility? Short travels abroad are generally permitted, but leaving for many months isn't a short travel abroad nor is it you being in Canada.

I get that COVID is causing a lot of problems for everyone BUT if you were planning to leave Canada as early as you applying - in that you put it in a cover letter with your application - why on Earth did you apply inland when you could have applied outland and caused zero issues?

 

[chiefeile]

There are

Did you see the part about an inland application requiring you to be in Canada as part of eligibility? Short travels abroad are generally permitted, but leaving for many months isn't a short travel abroad nor is it you being in Canada.

I get that COVID is causing a lot of problems for everyone BUT if you were planning to leave Canada as early as you applying - in that you put it in a cover letter with your application - why on Earth did you apply inland when you could have applied outland and caused zero issues?

There are no issues as of yet. If something like that happens, we will deal with that once we get to it, until then we’re going to go ahead that’s it,what can I say say?

We applied inland basically because my partner hasn’t worked in two years and she needs a work visa so applying outland we would have to reapply with a brand new application and withdraw the other one again prolonging things. I called numerous immigration agents I’ve spoken to a couple of lawyers and they have reaffirmed that because of the circumstances it won’t be a problem because we left Canada together and we returned together. It would be different if my partner left by herself and was gone for three months or I left by myself and was gone for three or four months. That will be a different situation, but we left together so we are still maintaining a common law status we weren’t apart the entire time. We can go back and forth with this all day, but as of now there are zero issues, so let’s hope it stays that way. If something arises, then I’ll deal with it then.
Right now we’re just happy to have AOR and to have linked our application and OWP. I guess we’ll find out soon enough.

 

[k.h.p.]

I am amazed with the number of people interpreting the requirement for inland applications that you must be inside Canada to mean "well we can leave because we're special."