I think you will be perfectly fine. As you say you have all the evidence to justify your actions.
Inland Application: We left Canada to take care of family.
- Thread starter chiefeile
- Start date
My dad was sick with cancer and nobody but my mother to take care of him. You think for a second that I’d let that happen? You think she was able to wash him, feed him, dress him, clean him after he went to the bathroom by herself?
I’m not special. I just love my family. If we get rejected because, wewent home to take care of family I’ll renounce my citizenship and go home.
“There is no guarantee that foreign nationals who have left Canada after submitting an application under the Spouse or Common-law Partner in Canada class will be allowed to return to or re-enter 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)].”
We are back in Canada. She was left back in. We are cohabiting and have been even while out of the country.
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It is a common misconception that once you file an inland sponsorship application for permanent residence in Canada, that the person being sponsored cannot leave Canada. This is not the case.
Applicants are allowed to enter and leave Canada even while their inland application is in process. However, it is important not to leave for frequent or extended periods because an application can be refused if an inland applicant is determined not to be residing in Canada.
While it is possible that an applicant could be prevented from entering Canada, this is primarily a danger if the applicant travels outside Canada for frequent trips and/or long periods while their application is in process. A reasonable expectation of travel during processing of an inland application is no more than twice per year, for a few weeks per trip. Family emergencies are also taken into consideration.”
Thank you! We do and we have shown them already to come back. We have nothing to hide or fear.
You left for a real family emergency (not just missing someone) taking care of a sick relative who no one else can take care of, is a legitimate family emergency as seen in many cases from H&C considerations.
Taking steps to return quickly once the situation resolves itself (in your case unfortunately, so sorry for your loss) (again a key criteria we've seen for H&C cases)
Being back in Canada by the time they start looking at your file (here it is quite a bit about luck, fortunately you are back in Canada and had no problem entering).
As we can see, this does not apply to that many people and it is quite often a gamble (I wouldn't try it just to see family because I miss them), but in your case first it was most likely a necessary gamble, secondly it worked fine (granted no way to know for sure until very end of process, but you tick all the right boxes above).
Please don't take other comments personally, we've had many cases of people leaving Canada as Inland and getting the application refused just for that reason, it is therefore important that in the vast majority of circumstances, people should remain in Canada during the duration of the Inland process to be on the safe side. Unfortunately there is also no appeal for Inland applications, therefore having bad luck for example can be critical as you may not get the chance to explain your circumstances (for example if they process it while you are away, realize you are out of Canada and reject the application). That doesn't mean however that there are no circumstances where it is ok to do so, and your circumstances fit that category.
Taking steps to return quickly once the situation resolves itself (in your case unfortunately, so sorry for your loss) (again a key criteria we've seen for H&C cases)
Being back in Canada by the time they start looking at your file (here it is quite a bit about luck, fortunately you are back in Canada and had no problem entering).
As we can see, this does not apply to that many people and it is quite often a gamble (I wouldn't try it just to see family because I miss them), but in your case first it was most likely a necessary gamble, secondly it worked fine (granted no way to know for sure until very end of process, but you tick all the right boxes above).
Please don't take other comments personally, we've had many cases of people leaving Canada as Inland and getting the application refused just for that reason, it is therefore important that in the vast majority of circumstances, people should remain in Canada during the duration of the Inland process to be on the safe side. Unfortunately there is also no appeal for Inland applications, therefore having bad luck for example can be critical as you may not get the chance to explain your circumstances (for example if they process it while you are away, realize you are out of Canada and reject the application). That doesn't mean however that there are no circumstances where it is ok to do so, and your circumstances fit that category.
I am truly sorry for their circumstances and I'm glad they're back in Canada without issue but there are no circumstances in which case you can confidently leave Canada during an inland application and have no risk of anything. IRCC says "short trips" are okay; they've never defined what a short trip is. IRCC also doesn't say that H&C grounds apply to the analysis.
All I'm saying is that while these people ought to be able to leave and come back and I am glad they did, it doesn't mean that there are "categories" of reasons why it's okay for inland applicants to leave Canada. There just aren't, and there's this tendency in the forums right now for people to crystallize around reasons they think are valid and categorically state they are valid. There just isn't regulatory/legislative/judicial proof of that, yet.
Should there be? maybe.
I agree mostly and I never said that there are strict categories, and there will never be Judicial proof of that since there is no appeal for Inland, therefore no case to point to.
As I mentioned we can infer that there are circumstances that are more likely to yield a positive outcome than others. To be on the absolute safe side, avoid all travel outside of Canada. BUT I do believe strongly that based on other criteria that apply in other areas of the PR process and the loose wording of IRCC regarding this particular issue, there are indeed circumstances (very limited circumstances) that are likely (not guaranteed) to yield a positive outcome. The circumstances above would be in that category in my opinion, but even then, as I said, it requires some luck (an unlucky person at the border could meet an agent that even refuses to let a WP holder back in the country, leaving is always risky.
I believe however that it is important to consider those circumstances to avoid having people think "screw that I am going, I've heard other were fine".
Just like H&C, it is a blurry case, knowing exactly what circumstances will help (not guarantee) to have a positive outcome can only be inferred, but in some cases like taking care of a person who requires care AND who cannot be helped by anybody else (i.e. important to note the second part as well, having siblings for example there, means it was not necessary in IRCC's eyes), it is more likely to succeed (again, important, not guaranteed).
The distinction is that if we just provide a blank statement with no nuance, it will be ignored simply because there are definitely circumstances where both the risk is lower AND the risk is worth it. Indicating where those circumstances are is I believe important in order to draw a clearer line (my parents are old so I need to see them is on the other side of the line, significant risk and not really worth it).
There is a reason even with Covid that the death of a parent is almost always an exception to the travel restrictions, it is hard enough that people will take some risk, so hopefully we can minimize those risks by following what we know for a fact IRCC considers in other facets of the immigration process.
I have always said that travelling outside of Canada is something that an inland application/spouse/whatever need to decide based on their own risk appetite. I don't try to suggest that there are circumstances that are more "okay" than others, aside from what IRCC itself says - short trips or work-related travel for workers who work a regular travel schedule but return home regularly.
Good luck. There is so much negativity on this forum for whatever reasons. Some people may have ulterior motives too, so better ignore them.
IRCC as far as I have seen from my and my friends experiences, never enforces stupid rules just to delay people's applications. Why would they want to give PR to 1 million outsiders but not the spouse of a citizen? I have seen in my friends that IRCC don't harass people for stupid reasons. In your case, you didn't even get AOR and you went outside... then why would they simply reject? You are already back.
There are so many threads running with this theme, I also have same issue as you. Hope everything goes well.