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Leaving Canada during spousal sponsorship

CDNPR2014

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and here are some canlii links from the post linked above, perhaps they will help shed some light on this issue:

zardoz said:
Some examples of people who got this badly wrong...

http://www.canlii.org/en/ca/irb/doc/2012/2012canlii98543/2012canlii98543.html

http://www.canlii.org/en/ca/irb/doc/2009/2009canlii29470/2009canlii29470.html

http://www.canlii.org/en/ca/irb/doc/2010/2010canlii95383/2010canlii95383.html

http://www.canlii.org/en/ca/irb/doc/2011/2011canlii95414/2011canlii95414.html

Do with this information what you will....
 

anyhopeforme

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Aug 8, 2014
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badpusacat said:
What's the status of your application now or after you went outside of Canada?

I agree! I've done my research on CIC WEBSITE, read the application forms, and there is nothing in there that states that I CANNOT leave Canada as PR sponsor while the application is in progress.

...unless I missed something!
Hi,

the VO has mailed the COPR, so there was no issue
 

Rob_TO

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Nov 7, 2012
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CDNPR2014 said:
the bottom line is... it's totally up to the descretion of the officer who will be processing the application. could they not care and see it as you do? sure, absolutely! could they consider it suspicious and trigger an interview? yep, sure can! your application won't be rejected before an interview is called. if they see the PR sponsor has been out of the country for an extended period of time, they certain can/will call an interview which can delay the process. even an interview doesn't mean the application will be rejected. it just means you need to be able to back up your claims and present proof of your residency in canada if/when it comes up.
Interviews are mainly for when they doubt the genuiness of the relationship, and are intended for the applicant.

In cases of sponsor eligibility issues, apps can be rejected without an interview. CIC may send an email requesting additional info, but they can indeed simply cancel the app if they deem sponsor is no longer eligible (i.e. could be due to residency, criminal issues, bankruptcy, etc).
 

CDNPR2014

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Rob_TO said:
Interviews are mainly for when they doubt the genuiness of the relationship, and are intended for the applicant.

In cases of sponsor eligibility issues, apps can be rejected without an interview. CIC may send an email requesting additional info, but they can indeed simply cancel the app if they deem sponsor is no longer eligible (i.e. could be due to residency, criminal issues, bankruptcy, etc).
i see your point. my point is they are not going to JUST reject the application. my response should have included the fact that they will either call an interview or ask for supporting documentation. only after one of those are done, can the app be refused. from what i understand, they can't just reject an application without one of those 2 not being satisfied.
 

badpusacat

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Med's Done....
29-10-2014
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29-09-2014
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Nov 2014
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Dec 2014
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July 2015
anyhopeforme said:
Hi,

the VO has mailed the COPR, so there was no issue
Awesome! Did they call you for interview? or ask anything in relation to you going out of Canada while application is in progress?
 

badpusacat

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Jun 18, 2013
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2147
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FeDex-ed 26-06-13
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15-10-2014/FeDex-ed 26-10
IELTS Request
included in the application
Med's Request
15-10-2014
Med's Done....
29-10-2014
Interview........
29-09-2014
Passport Req..
Nov 2014
VISA ISSUED...
Dec 2014
LANDED..........
July 2015
CDNPR2014 said:
and here are some canlii links from the post linked above, perhaps they will help shed some light on this issue:
I took time to read all the highlights of the links that you provided because I am so curious about this issue. I'm not sure what is your interpretation but for me, it's the same as what most people say here: PR sponsor MUST reside in Canada, short trips outside Canada are tolerable depending on the visa officer.

http://www.canlii.org/en/ca/irb/doc/2012/2012canlii98543/2012canlii98543.html

"The appellant was engaged to the applicant on 14 July 2007, and landed in Canada on 11 September 2007. After landing, she married the applicant via proxy marriage on 25 November 2007. A sponsorship application was submitted on 4 June 2008, an interview took place on 23 April 2009 and a refusal letter was issued on 28 April 2009. On 23 November 2009, following the refusal of the application, the appellant left Canada and travelled to Pakistan. She has been residing in Pakistan since that time and has not returned to visit Canada. The appellant’s permanent residence card expires on 1 October 2012. The appellant expects the birth of her first child on October 14, 2012.

Section 133 of the IRPR states:

133.(1) Requirements for sponsor -- A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor

(a) is a sponsor as described in section 130;

130.(1) Sponsor -- Subject to subsection (2), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10."


ME: In this case, they are refused based on their marriage. Yes, the sponsor was questioned from being out of Canada because he left Nov2009 and did not return until (approximately) 2012.

---

http://www.canlii.org/en/ca/irb/doc/2009/2009canlii29470/2009canlii29470.html

[6] The appellant married the applicant during a trip to China that lasted from August 31, 2006 until April 11, 2007.[7] On September 21, 2007, he returned to China to wind up his real estate company. In December 2007, his plans to sell his business to the Communication Bank of China fell through. He decided to remain in China to be able to celebrate the Chinese New Year in February with his wife. He then remained in China in order to accompany his wife to her interview which took place on April 15, 2008.[8] He returned to Canada later in April 2008.

ME: In this case, the sponsor was out of Canada for 6months or more. Thus, it cannot be considered as vacation.

---

http://www.canlii.org/en/ca/irb/doc/2010/2010canlii95383/2010canlii95383.html

Analysis: However, it appears that, at the time he filed his applications, the appellant was pretending to be living in Canada. Based on his entry/exit documentation to and from Canada,[6] it appears that the appellant spends most of his time in France. His visits to Canada are quite brief.

ME: In this case, the sponsor is living in France, not in Canada.

---

http://www.canlii.org/en/ca/irb/doc/2011/2011canlii95414/2011canlii95414.html

[3] The appellant was not a permanent resident when he filed the application to sponsor his spouse. He became a permanent resident on June 11, 2008, and then immediately left Canada. The appellant is currently in the United States. On March 24, 2009, he filed an application to sponsor his spouse. Unfortunately, at that time, he was not a permanent resident in Canada, but rather a resident of the United States. Consequently, pursuant to paragraphs 130(1)(a) and 130(1)(b), he does not meet the conditions for being considered a sponsor under the Immigration and Refugee Protection Act (the Act). As Ms. Raymond explained, the only exception to this rule would be if he were a Canadian citizen, which unfortunately is not the case.


ME: In this case, the sponsor is a resident of US, not Canada.
 

SadButTrue

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badpusacat said:
I took time to read all the highlights of the links that you provided because I am so curious about this issue. I'm not sure what is your interpretation but for me, it's the same as what most people say here: PR sponsor MUST reside in Canada, short trips outside Canada are tolerable depending on the visa officer.

http://www.canlii.org/en/ca/irb/doc/2012/2012canlii98543/2012canlii98543.html

"The appellant was engaged to the applicant on 14 July 2007, and landed in Canada on 11 September 2007. After landing, she married the applicant via proxy marriage on 25 November 2007. A sponsorship application was submitted on 4 June 2008, an interview took place on 23 April 2009 and a refusal letter was issued on 28 April 2009. On 23 November 2009, following the refusal of the application, the appellant left Canada and travelled to Pakistan. She has been residing in Pakistan since that time and has not returned to visit Canada. The appellant’s permanent residence card expires on 1 October 2012. The appellant expects the birth of her first child on October 14, 2012.

Section 133 of the IRPR states:

133.(1) Requirements for sponsor -- A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor

(a) is a sponsor as described in section 130;

130.(1) Sponsor -- Subject to subsection (2), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10."


ME: In this case, they are refused based on their marriage. Yes, the sponsor was questioned from being out of Canada because he left Nov2009 and did not return until (approximately) 2012.

---

http://www.canlii.org/en/ca/irb/doc/2009/2009canlii29470/2009canlii29470.html

[6] The appellant married the applicant during a trip to China that lasted from August 31, 2006 until April 11, 2007.[7] On September 21, 2007, he returned to China to wind up his real estate company. In December 2007, his plans to sell his business to the Communication Bank of China fell through. He decided to remain in China to be able to celebrate the Chinese New Year in February with his wife. He then remained in China in order to accompany his wife to her interview which took place on April 15, 2008.[8] He returned to Canada later in April 2008.

ME: In this case, the sponsor was out of Canada for 6months or more. Thus, it cannot be considered as vacation.

---

http://www.canlii.org/en/ca/irb/doc/2010/2010canlii95383/2010canlii95383.html

Analysis: However, it appears that, at the time he filed his applications, the appellant was pretending to be living in Canada. Based on his entry/exit documentation to and from Canada,[6] it appears that the appellant spends most of his time in France. His visits to Canada are quite brief.

ME: In this case, the sponsor is living in France, not in Canada.

---

http://www.canlii.org/en/ca/irb/doc/2011/2011canlii95414/2011canlii95414.html

[3] The appellant was not a permanent resident when he filed the application to sponsor his spouse. He became a permanent resident on June 11, 2008, and then immediately left Canada. The appellant is currently in the United States. On March 24, 2009, he filed an application to sponsor his spouse. Unfortunately, at that time, he was not a permanent resident in Canada, but rather a resident of the United States. Consequently, pursuant to paragraphs 130(1)(a) and 130(1)(b), he does not meet the conditions for being considered a sponsor under the Immigration and Refugee Protection Act (the Act). As Ms. Raymond explained, the only exception to this rule would be if he were a Canadian citizen, which unfortunately is not the case.


ME: In this case, the sponsor is a resident of US, not Canada.
For all of these cases it is obvious to get refused. My situation is a little bit different. I lived in Canada for past 5 years. I will apply for Canadian Citizenship in August. I wasn't able to apply faster because every year I was visiting my wife at that time my girlfriend in Ukraine for around 2-4 month in a summer time. Last 2 years i didn't leave Canada at all. She was visiting me 2 times on visitor visa. So I don't see a point if I go there for a month or to to get the visa refused because I am not reside in Canada. I am reside in Canada and Canada is my home. I finished college here, working right now, and waiting to get my wife here to have a better future. All of these cases are a lot different from mine. Just gave you a little bit more information about my situation.
 

Decoy24601

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SadButTrue, as I've said before, if you want to leave for a month, that's probably fine. Just keep in mind that the small risk does exist.
 

badpusacat

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Nov 2014
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Dec 2014
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Decoy24601 said:
SadButTrue, as I've said before, if you want to leave for a month, that's probably fine. Just keep in mind that the small risk does exist.
Agree!
 

SadButTrue

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Thanks for the info. Still deciding what to do because from all i hear here is just talking and opinions. No real facts and real examples, some of them you showed me but they are not really closely relevant to mine. Will keep in mind all the information you gave me, thanks.
 

wildemam

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From my point of view, and after reading the case files, it seems that leaving Canada for a prolonged time + having social and economic ties in the place where you travel is the reason of refusal of the appeal. For 1 month vacation, it seems that it is tolerable as long as you keep your job and rent/house here and keep all the documents needed to prove that.

I intend to do the same thing, the cultural marriage will be in late 2017, while I intend to apply for sponsorship after the marriage ceremony in January. I intend to have a one month trip to marry, then travel back to Canada, waiting her COPR so she can come to Canada. I will keep my full-time graduate studies and my rent going, with enough evidence of this.
 

Payel

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After sponser approval, leaving canada for 2...3 months have not any effect on PR application.
 

Ponga

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As long as the sponsor is a Canadian citizen, otherwise the sponsor needs to remain in Canada during the process.

For a sponsor that's only a PR, a`short' trip would likely be ok, but 2 or 3 months would be very risky.
 

wildemam

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Payel said:
After sponser approval, leaving canada for 2...3 months have not any effect on PR application.
Not true, Payel.

In one of the cases where appeal got refused, the sponsor left the country when the application got refused, and came for the appeal only. The sponsor showed signs that he has no ties in Canada because of the refusal.