LEAVE CANADA WHILE WAITING FOR OPEN WORK PERMIT

[SabrinaRosalie]

Hi,

I'm with a tourist visa here with my Canadian partner.
I've just applied for the PR through Commom-law sponsorship and I've also applied for an Open Work Permit.

I should get my Work Permit by the end of July.

I will renew my visitor visa in these next few days.

Question: Can I leave Canada for three months after the renewal of my visitor visa?

I'm just bored not being able to work here and would like to go back home to work for the summer.

Thanks a million for your help.

Sabrina

 

[canuck_in_uk]

Hi,

I'm with a tourist visa here with my Canadian partner.
I've just applied for the PR through Commom-law sponsorship and I've also applied for an Open Work Permit.

I should get my Work Permit by the end of July.

I will renew my visitor visa in these next few days.

Question: Can I leave Canada for three months after the renewal of my visitor visa?

I'm just bored not being able to work here and would like to go back home to work for the summer.

Thanks a million for your help.

Sabrina

Hi

Inland applicants are advised not to leave Canada because if they are refused re-entry, the inland app is abandoned.

A requirement of applying inland is that you be cohabiting IN Canada with your spouse throughout the process. If you leave for 3 months, there is a good chance that you will be determined to have violated that requirement and therefore not qualify for inland. If you do decide to leave, keep the absence to a few weeks.

 

[SabrinaRosalie]

Hello,

Thanks for your answer, That's a lot of suppositions though...:-(

'IF they are refused, the inland app is abandoned.'

'A good chance that you will be determined to have violated'

 

[vensak]

Ok.

You have currently visitor visa. Which is a temporary visa. Basic logic behind all temporary visas is that you will return to your country.
However with the spousal sponsorship application, you are revealing your double intent (that you want to stay for good).
So the problem is not to leave, the problem is to return back. As at any time you can be denied entry based on the simple fact that you intent to stay (as you would be still returning on your visitor visa). So here you depend on how an officer will feel.
And the longer you stay out the less chance to be let in.
Now since you applied inland, it is understood that you want to live with your spouse. That is why you can get a work permit after a while. However since you already live together you are not given priority unlike the couples where one is still abroad. Hence inland sponsorships takes longer.
But the condition is to live together (give or take short trips).
So it would be ok to go for a visit or to be sent out for a business trip (from a Canadian employer once you get your work permit). But leaving and working abroad is showing that family is not above all (and that is the main point you are using in the inland spouse sponsorship).

So currently it will be a good idea to scarify 3 months of a potential salary.
If you are bored you can still volunteer (that one you can do on your tourist visa). You will get the precious Canadian work experience while not endangering your status.

 

[SabrinaRosalie]

Ok.

You have currently visitor visa. Which is a temporary visa. Basic logic behind all temporary visas is that you will return to your country.
However with the spousal sponsorship application, you are revealing your double intent (that you want to stay for good).
So the problem is not to leave, the problem is to return back. As at any time you can be denied entry based on the simple fact that you intent to stay (as you would be still returning on your visitor visa). So here you depend on how an officer will feel.
And the longer you stay out the less chance to be let in.
Now since you applied inland, it is understood that you want to live with your spouse. That is why you can get a work permit after a while. However since you already live together you are not given priority unlike the couples where one is still abroad. Hence inland sponsorships takes longer.
But the condition is to live together (give or take short trips).
So it would be ok to go for a visit or to be sent out for a business trip (from a Canadian employer once you get your work permit). But leaving and working abroad is showing that family is not above all (and that is the main point you are using in the inland spouse sponsorship).

So currently it will be a good idea to scarify 3 months of a potential salary.
If you are bored you can still volunteer (that one you can do on your tourist visa). You will get the precious Canadian work experience while not endangering your status.

Thanks, that's much clearer

 

[canuck_in_uk]

Hello,

Thanks for your answer, That's a lot of suppositions though...:-(

'IF they are refused, the inland app is abandoned.'

'A good chance that you will be determined to have violated'

Yes, it is. No one can say if you will be granted re-entry or not. No one can say if IRCC would detect the 3 months absence and refuse your app or not.

At the end of the day, it is your decision whether to take the risk or not.

 

[SabrinaRosalie]

Yes, it is. No one can say if you will be granted re-entry or not. No one can say if IRCC would detect the 3 months absence and refuse your app or not.

At the end of the day, it is your decision whether to take the risk or not.

That's exactly what I thought. Some people seem to be so sure that it's not possible but I'm assuming no one can really tell it. Thanks.

 

[canuck_in_uk]

That's exactly what I thought. Some people seem to be so sure that it's not possible but I'm assuming no one can really tell it. Thanks.

Most who leave have no issues re-entering; a few are refused. There is no way to know which category you would fall under.

If you do decide to leave, going for 3 months would be a huge mistake. It is very easy for IRCC to find out and that is definitely grounds for refusal.

 

[SabrinaRosalie]

Most who leave have no issues re-entering; a few are refused. There is no way to know which category you would fall under.

If you do decide to leave, going for 3 months would be a huge mistake. It is very easy for IRCC to find out and that is definitely grounds for refusal.

On one hand, you wrote 'No one can say if IRCC would detect the 3 months absence' and on the other hand, 'it is very easy for IRCC to find out'.
Isn't it contradictory??

 

[canuck_in_uk]

On one hand, you wrote 'No one can say if IRCC would detect the 3 months absence' and on the other hand, 'it is very easy for IRCC to find out'.
Isn't it contradictory??

No. Saying it is easy for them to find out isn't the same as saying that they WILL find out. They may or they may not. Again, it is entirely your personal decision about whether to take that risk or not. Personally, I 100% would not.

 

[canuck78]

Think the issue is really the common law sponsorship. Being apart for 3 months right after filing could easily jeopardize your application.

 

[Papaski]

Hello house, I am planning to travel home for a week in July, I need to attend to a critical issue. My OWP is not out yet, I have spent over 6 months in Canada, I have a 4 year visa and my PR is still under processing and I passed my medical too. I am only going to be out of the country for a week, I need advice please.

I hope there won’t be any issue coming back into thecountry, any advice and suggestions please?

 

[Jaseel]

Hi.
I have got it contract agreement letter then I'm sign and resend contract agreement letter. This is closed work permit

Q, what is the next steps precessing pls send me reply

 

[canuck78]

Hi.
I have got it contract agreement letter then I'm sign and resend contract agreement letter. This is closed work permit

Q, what is the next steps precessing pls send me reply

Does the employer have an LMIA? If so you need to apply for a work permit.

 

[pxlxyp]

Just wanted to ask, so if my husband is waiting for his open work permit and leaves to go to US for say 5 days, how difficult would it be to return to Canada? He is from a visa exempt country and has an eta to stay