Leaving Canada During Inland App is Processing

[kiwimaple]

Hi everyone,

I have compiled a mass of documents to submit for my spousal sponsorship with my common law partner - taxes filed together, rental agreements, letters from friends/family, joint accounts, etc. I think it is a pretty good application.

We both currently live in Canada, however, I will be going to Greece in September for work. My partner (the sponsor) will be visiting for a 1-2 months at a time in October and February. I will also be coming back for 2 weeks during Christmas. I will return to Canada in March. Essentially I will be leaving September to December and January to March, my partner will be with me in Greece October/November and February/March.

I have been advised by two different private immigration advisors to A) submit the inland application ASAP B) submit an outland application just before leaving to Greece.

My Postgraduate Work Permit expires in November 2023.

Looking for any help possible!

Thanks in advance

 

[yoli85]

From what I’ve heard from a friend and a consultant, if you have a current work permit (or any other status) independent from the spousal application, you’re free to come and go from Canada while your application is in progress.
I was also told by yet another immigration lawyer that getting a work permit before applying for spousal sponsorship provides you freedom to leave and enter the country.
I believe you’re being told to apply for inland asap because this way you’ll get the PR before your PGWP expires. So this seems like the best way to go.
Also, remember that inland gives you the benefit to apply for an OWP, outland doesn’t. If you find yourself in the situation where you haven’t heard about your PR and your PGWP is about to expire, you could apply for this OWP under the spousal program at a later time. PGWPs are not renewable.
But this is just anecdotal, you might want to check with a third consultant before you make a final decision.

 

[kiwimaple]

Thank you so much for the info!

Would you happen to know if applicants have any form of communication with their officer? I get the feeling from reading similar threads that it is really up to the discretion of the officer reviewing the application.

I am also wondering if I should disclose in my application that I will be heading to Greece for work - however, I did read somewhere that doing that caused a lot of complications for someone and they had to go in for an interview.

 

[canuck78]

Hi everyone,

I have compiled a mass of documents to submit for my spousal sponsorship with my common law partner - taxes filed together, rental agreements, letters from friends/family, joint accounts, etc. I think it is a pretty good application.

We both currently live in Canada, however, I will be going to Greece in September for work. My partner (the sponsor) will be visiting for a 1-2 months at a time in October and February. I will also be coming back for 2 weeks during Christmas. I will return to Canada in March. Essentially I will be leaving September to December and January to March, my partner will be with me in Greece October/November and February/March.

I have been advised by two different private immigration advisors to A) submit the inland application ASAP B) submit an outland application just before leaving to Greece.

My Postgraduate Work Permit expires in November 2023.

Looking for any help possible!

Thanks in advance

Is the common law partner who is sponsoring you a citizen or a PR?

 

[kiwimaple]

Is the common law partner who is sponsoring you a citizen or a PR?

She is a citizen

 

[canuck78]

From what I’ve heard from a friend and a consultant, if you have a current work permit (or any other status) independent from the spousal application, you’re free to come and go from Canada while your application is in progress.
I was also told by yet another immigration lawyer that getting a work permit before applying for spousal sponsorship provides you freedom to leave and enter the country.
I believe you’re being told to apply for inland asap because this way you’ll get the PR before your PGWP expires. So this seems like the best way to go.
Also, remember that inland gives you the benefit to apply for an OWP, outland doesn’t. If you find yourself in the situation where you haven’t heard about your PR and your PGWP is about to expire, you could apply for this OWP under the spousal program at a later time. PGWPs are not renewable.
But this is just anecdotal, you might want to check with a third consultant before you make a final decision.

This is incorrect. You must remain in Canada during your sponsorship application if inland and also just live with your partner. IRCC tends to overlook a short trip if 2-3 weeks.

 

[canuck78]

She is a citizen

You need to apply outland sponsorship since you won’t be living together and since you will be spending significant time abroad. When does your PGWP end? Do you have a TRV? When does that expire?

 

[scylla]

Hi everyone,

I have compiled a mass of documents to submit for my spousal sponsorship with my common law partner - taxes filed together, rental agreements, letters from friends/family, joint accounts, etc. I think it is a pretty good application.

We both currently live in Canada, however, I will be going to Greece in September for work. My partner (the sponsor) will be visiting for a 1-2 months at a time in October and February. I will also be coming back for 2 weeks during Christmas. I will return to Canada in March. Essentially I will be leaving September to December and January to March, my partner will be with me in Greece October/November and February/March.

I have been advised by two different private immigration advisors to A) submit the inland application ASAP B) submit an outland application just before leaving to Greece.

My Postgraduate Work Permit expires in November 2023.

Looking for any help possible!

Thanks in advance

You'll be refused under inland for not living in Canada, as well as for not continuously cohabitating with your spouse. You need to apply outland. This is a very easy call. Inland isn't at all viable for you.

 

[kiwimaple]

This is incorrect. You must remain in Canada during your sponsorship application if inland and also just live with your partner. IRCC tends to overlook a short trip if 2-3 weeks.

Hi there! Do you know if any examples of people having their applications denied because they left for too long?

 

[kiwimaple]

You'll be refused under inland for not living in Canada, as well as for not continuously cohabitating with your spouse. You need to apply outland. This is a very easy call. Inland isn't at all viable for you.

Thanks a lot. I'm assuming outland will require I have an overseas address? I won't have an address there for a few weeks so maybe I should wait to submit?

 

[yoli85]

Thank you so much for the info!

Would you happen to know if applicants have any form of communication with their officer? I get the feeling from reading similar threads that it is really up to the discretion of the officer reviewing the application.

I am also wondering if I should disclose in my application that I will be heading to Greece for work - however, I did read somewhere that doing that caused a lot of complications for someone and they had to go in for an interview.

I believe that direct communication with your case officer is virtually non-existent. I wish this wasn’t true.
I encourage you to consult with a immigration lawyer to double check you won’t compromise your PR application with the work plans you laid out. I don’t recall where I saw it but I’ve seen lawyers that will charge you per question. If you feel you don’t have enough questions for half an hour of consultation, you might want to look into this route.

 

[scylla]

Thanks a lot. I'm assuming outland will require I have an overseas address? I won't have an address there for a few weeks so maybe I should wait to submit?

Yes, I would wait a couple of weeks until you have the foreign address. Another option would be to wait until you have returned to Canada next March and apply inland then. But you'd be losing a lot of processing time that way.

To answer your question earlier up, we definitely have instances on the forum where people have been refused for not living in Canada. They are a bit tricky to find since the forum search feature isn't the best. The downside of just trying anyway is that this normally isn't flagged by IRCC until you are well into the process. So people wait one plus years, then they get a letter form IRCC telling them they plan to refuse the application for failing to live in Canada continuously, then the applicant responds to the letter, then there's more waiting, then IRCC refuses the application and they have to apply again from scratch. Save yourself the stress and uncertainty and apply per the rules.

 

[scylla]

I believe that direct communication with your case officer is virtually non-existent. I wish this wasn’t true.
I encourage you to consult with a immigration lawyer to double check you won’t compromise your PR application with the work plans you laid out. I don’t recall where I saw it but I’ve seen lawyers that will charge you per question. If you feel you don’t have enough questions for half an hour of consultation, you might want to look into this route.

You are correct. Zero direct communication.

 

[canuck78]

Hi there! Do you know if any examples of people having their applications denied because they left for too long?

You’ll need to search the forum but there are certainly posts about refusals. It is pretty clear in the requirements that you must remain in Canada and live with your partner if you want to apply for inland processing.

 

[canuck78]

Thank you so much for the info!

Would you happen to know if applicants have any form of communication with their officer? I get the feeling from reading similar threads that it is really up to the discretion of the officer reviewing the application.

I am also wondering if I should disclose in my application that I will be heading to Greece for work - however, I did read somewhere that doing that caused a lot of complications for someone and they had to go in for an interview.

No direct communication. The only issue would be proof that you and your common law will be returning to Canada and plan on relocating there permanently. Given the breakdown of your travel plans it looks like you will be back in Canada and living in Canada full-time before your application is finished processing. There tends to be more interviews when there isn’t a significant relationship history especially in person relationship history or there is perceived benefit from immigration to Canada. If you are a Kiwi and are common law there is a extremely small chance of needing an interview.