Inland sponshorship, leaving Canada during processing

[25tanrav]

Hi all,

Can my wife leave Canada for up to 1 month while we are processing for PR inland?
She holds a USA passport, no need visa to come back in Canada. Application for PR already sent since mid-August 2019. What are the risks?

I found this:
Can I leave Canada while IRCC processes my application for permanent residence?
Yes. However, if you leave Canada while your application is being processed, you must meet all the admissibility rules before being allowed back into Canada.

If you leave Canada and want to return, you must have all the required documents to enter. This can include:

• a valid passport or other travel documents,
• a valid work permit or study permit, if you need one, and
• a valid visitor visa or an Electronic Travel Authorization (eTA), if you need one.

If you are unable to return to Canada, we could determine that you abandoned your application. In that case, we will not process it.

If a spouse or partner sponsored you under the Spouse or Common-law Partner in Canada (SCLPC) class while you were living in Canada:
You may want to re-apply to be sponsored from outside Canada as a member of the Family class if:

• you do not plan to live in Canada with your sponsor while we process your application
• you left and cannot return to Canada

If you need to re-apply from outside Canada to be sponsored as a member of the Family class, you should:

• withdraw your SCLPC application, and
• submit a new application

Does this mean that few months out is acceptable if one is ready to take the risk!
Thanks in advance for your suggestions.

Thanks

 

[canuck_in_uk]

Hi all,

Can my wife leave Canada for up to 1 month while we are processing for PR inland?
She holds a USA passport, no need visa to come back in Canada. Application for PR already sent since mid-August 2019. What are the risks?

I found this:
Can I leave Canada while IRCC processes my application for permanent residence?
Yes. However, if you leave Canada while your application is being processed, you must meet all the admissibility rules before being allowed back into Canada.

If you leave Canada and want to return, you must have all the required documents to enter. This can include:

• a valid passport or other travel documents,
• a valid work permit or study permit, if you need one, and
• a valid visitor visa or an Electronic Travel Authorization (eTA), if you need one.

If you are unable to return to Canada, we could determine that you abandoned your application. In that case, we will not process it.

If a spouse or partner sponsored you under the Spouse or Common-law Partner in Canada (SCLPC) class while you were living in Canada:
You may want to re-apply to be sponsored from outside Canada as a member of the Family class if:

• you do not plan to live in Canada with your sponsor while we process your application
• you left and cannot return to Canada

If you need to re-apply from outside Canada to be sponsored as a member of the Family class, you should:

• withdraw your SCLPC application, and
• submit a new application

Does this mean that few months out is acceptable if one is ready to take the risk!
Thanks in advance for your suggestions.

Thanks

If she is not allowed back in, the PR app is abandoned.

She is required to cohabit in Canada with you for the entire process. Leaving for 1 month is pushing it and could certainly lead to IRCC deeming her no longer cohabiting with you in Canada. If she goes, she should limit the visit to a few weeks.

 

[BrasilCan]

I agree with @canuck_in_uk . This is a time old question that I see time and time again. Its one thing for you two to jet off to mexico for a couples vacation for a week, another entirely for her to reside abroad alone for a month.

Immigration consultants and those who've been through the process will always recommend that after your application has been submitted, prepare to stay put for at least a year. Why take the risk?