Inland Spousal - Is a longer stay in the US okay?

[itsbecca]

Would leaving Canada for 2-3 months for work training jeopardize an Inland application?

Details:
We've made an inland application for my husband recently. Soon after, he got a job offer from an excellent company in the states. They didn't realize he was in Canada now but are also in need of someone here (Montréal.) He's passed interviews, but say they can't sponsor him. But since we just applied, he won't have his OWP for at least 4 months. The position would probably be filled by then.

He might be able to secure this job offer if he does his training in the US, then he can come back to work here in Canada once he has his OWP. He is currently here as a visitor, and we're about to apply for his visitor record to extend that status. But I don't know if it's okay for someone waiting on an inland PR application to leave Canada for a long period.

Edit: Rewrote for clarity. Hopefully it makes sense now!

 

[Ponga]

Is it legal for my husband (US citizen) to spend 2-3 months in the US for job training during his application process?

Details:
We've made an inland application for my husband recently. Soon after, he got a job offer from an excellent company in the states. They didn't realize he was in Canada now but are also in need of someone here (Montréal.) He's passed interviews, but they say they can't sponsor him because they don't have a branch here, just enough clients that a rep here would be great. But since we just applied, he won't have his OWP for at least 4 months. It's likely there will no longer be a place for him by then.

He is currently here as a visitor, and we're about to apply for his visitor record to extend that status. He might be able to secure his place if he starts now, and does his training in the states, then comes back and works here once he has his OWP. I know travel to the US is allowed during an application, but what about longer stay?

Yes, it is `legal, if he is authorized to be in the U.S. for 2-3 months. This has NOTHING to do with Canada.

Where do you see that travel to the U.S. is `allowed' during an application?

An inland spousal sponsorship who leaves Canada during the process is at risk of being denied entry back into Canada, which is why they are cautioned to NOT leave. If he is denied, the Inland application is toast.

 

[itsbecca]

Yes, it is `legal, if he is authorized to be in the U.S. for 2-3 months. This has NOTHING to do with Canada.

Where do you see that travel to the U.S. is `allowed' during an application?

An inland spousal sponsorship who leaves Canada during the process is at risk of being denied entry back into Canada, which is why they are cautioned to NOT leave. If he is denied, the Inland application is toast.

Sorry, I wasn't very clear. My concern is not so much about border entry, it's about residence during an inland application. Would being outside Canada for several months be seen as an issue or bad faith since we did an inland application, not outland?

[By US travel being allowed, I was referring to the US as a visa-exempt country. So, if he leaves prior to the end of his six-month granted visitor status, there should be no trouble re-entering. If he obtains an extension before leaving, he should be fine as well, but I know he could be reassessed, I think?

 

[itsbecca]

Here is what I'm talking about, from the gov website page
Temporary residents travelling outside Canada: What you need to re-enter to Canada

It mentions it several times:

A visitor record says that you have visitor status in Canada and how long you can stay.
It doesn’t guarantee that you can leave and then re-enter Canada.
If you plan to travel outside Canada or the United States, you must meet our entry requirements to return to Canada.
...
You need a valid visitor visa every time you want to enter Canada, unless you’re returning directly from a visit to the United States or Saint-Pierre and Miquelon.
....
U.S citizens
You normally need a valid passport or travel document.
NEXUS members can use their membership card when they fly to a Canadian airport or arrive by car, train, bus or boat.
FAST members can use their membership card when travelling by car, train, bus or boat only.

And I know you should be prepared for anything ofc. But it seems fairly straightforward for a US citizen going to the US and back.

 

[Ponga]

Sorry, I wasn't very clear. My concern is not so much about border entry, it's about residence during an inland application. Would being outside Canada for several months be seen as an issue or bad faith since we did an inland application, not outland?

[By US travel being allowed, I was referring to the US as a visa-exempt country. So, if he leaves prior to the end of his six-month granted visitor status, there should be no trouble re-entering. If he obtains an extension before leaving, he should be fine as well, but I know he could be reassessed, I think?

He might be able to secure this job offer if he does his training in the US, then he can come back to work here in Canada once he has his OWP.

NO! If he leaves for ~4 months (or until he receives his OWP) he has a greater risk of having the Inland application refused, because he would not be residing in Canada as required. IRCC could easily see his entry/exit information via CBSA's system when they process his application and, if they do, it could be a big problem for him if he's absent from Canada for several months.

This is very simple:

By submitting an Inland (SCPLC) sponsorship application, the applicant attests that they are `residing in' Canada. If they choose to leave Canada and are not allowed to re-enter by CBSA, they will no longer be residing in Canada, right? At the very least, he needs to understand what `Dual Intent' is and how CBSA officers use that to determine whether or not a person, like your husband, is allowed to enter Canada.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html

 

[itsbecca]

NO! If he leaves for ~4 months (or until he receives his OWP) he has a greater risk of having the Inland application refused, because he would not be residing in Canada as required. IRCC could easily see his entry/exit information via CBSA's system when they process his application and, if they do, it could be a big problem for him if he's absent from Canada for several months.

That makes a lot of sense, thank you.

 

[YVR123]

Here is what I'm talking about, from the gov website page
Temporary residents travelling outside Canada: What you need to re-enter to Canada

It mentions it several times:


And I know you should be prepared for anything ofc. But it seems fairly straightforward for a US citizen going to the US and back.

looks like you just submitted your application.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/july-2024-inland-spousal-sponsorship-timeline.850223/post-10888027

In this case, you may want to withdraw that and resubmitted a new outland application. There is not much difference between inland and outland now since both can apply for OWP once the PA is inside Canada.

 

[canuck78]

Would add that of he has moved and his address has changed you would be required to update your information as well. If you move to Quebec you also would have to sponsor via Quebec.

 

[itsbecca]

looks like you just submitted your application.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/july-2024-inland-spousal-sponsorship-timeline.850223/post-10888027

In this case, you may want to withdraw that and resubmitted a new outland application. There is not much difference between inland and outland now since both can apply for OWP once the PA is inside Canada.

Yes, such terrible timing, if the offer had only come a week earlier it would've saved us a lot of hassle.

Since the app is not yet in processing, we would hopefully get a approved for a refund of fees (Although, I just read it can take two months to receive!) My understanding is the main difference with outland would be having to go to an interview in the states, instead of Canada, if one is required. Is that right?

 

[itsbecca]

Would add that of he has moved and his address has changed you would be required to update your information as well. If you move to Quebec you also would have to sponsor via Quebec.

Right, that makes sense. And yes, we're in Quebec... so we have a long haul ahead no matter how we move forward.

 

[YVR123]

Yes, such terrible timing, if the offer had only come a week earlier it would've saved us a lot of hassle.

Since the app is not yet in processing, we would hopefully get a approved for a refund of fees (Although, I just read it can take two months to receive!) My understanding is the main difference with outland would be having to go to an interview in the states, instead of Canada, if one is required. Is that right?

Yes. And we don't see a lot of interviews on PA from US. (US citizen)