Leaving Canada during spousal sponsorship

[SadButTrue]

Why dont u just get ur wife to come here instead? You should just go for a few weeks only or risk a refusal

Because we have an actual wedding celebration in September in Ukraine.

 

[Rob_TO]

Unfortunately they are wrong. You should be aware that we see many many examples here of the help desk giving out very bad information. We have also seen a number of spousal sponsorship applications be refused specifically because the sponsor was a PR and left Canada for several months. The rules around this are extremely clear. Since you are a PR, you must be residing in Canada to sponsor. Up to you whether you take the risk or not.

It's completely at discretion of the visa officer reviewing the PR app. If they feel you've been outside Canada long enough that you're no longer "residing" here, they can and will cancel the application. They won't care what any random call centre agents told you.

How long you risk leaving Canada for is up to you. Personally I would limit any trips to less than a month, but really it's your decision.

 

[SadButTrue]

It's completely at discretion of the visa officer reviewing the PR app. If they feel you've been outside Canada long enough that you're no longer "residing" here, they can and will cancel the application. They won't care what any random call centre agents told you.

How long you risk leaving Canada for is up to you. Personally I would limit any trips to less than a month, but really it's your decision.

Can you please show me any thread that people living in canada working having personal property were visiting spouses for a month or two got refused because not residing? For me its just make no reasonable sense.

 

[Decoy24601]

Can you please show me any thread that people living in canada working having personal property were visiting spouses for a month or two got refused because not residing? For me its just make no reasonable sense.

How does it not make sense when the CIC website specifically states in the application guides that sponsor's must stay in Canada during the PR sponsorship process if they are a PR, not a citizen? One month might be fine as I and others have said before multiple times, it's anything more that from person to person may or may not be considered living outside Canada. Call center agents are just that, call center agents. They sometimes give out false or incomplete information that ends up getting people's applications refused. No one here is saying your application is guaranteed to be refused if you try to stay outside of the country for longer, but it's a significant risk.

 

[Rob_TO]

Can you please show me any thread that people living in canada working having personal property were visiting spouses for a month or two got refused because not residing? For me its just make no reasonable sense.

There have been cases here in the past on this, perhaps if you search through old threads you can find some.

Do you think then as long as you have work and property in Canada you could stay in another country for 6 months and still be ok? for over 1 year and still satisfy the residing in Canada rule for PRs??

There is some unspecified length of time where "visiting" becomes "residing" simply due to length of time you are away. This is at the personal discretion of a visa officer. So what you deem to be an acceptable amount of time, the visa officer may deem to be too long in their own opinion and conclude you're no longer residing in Canada so don't qualify to be a sponsor. And the visa officer's opinion on this is the ONLY one that matters.

 

[mikeymyke]

Agreed, how does it NOT make sense? Already CIC is generous by allowing you to somewhat break this rule by allowing you to leave for a few weeks when the rules say youre supposed to stay in Canada.

It sounds like to me you didnt do your research before you submitted the sponsorship, otherwise you wouldve clearly seen that PRs have to remain in Canada. I can tell you didnt read up on this rule due to the fact youve already bought tickets to Ukraine and planned to have this wedding for a while now

You shouldve done the wedding celebration, and then applied for sponsorship. At least then you would not only have done the wedding celebration, but also you wouldve had extra proofs to submit to CIC. It looks to me you were too concerned about sending in the app as quickly as possible that youve now put yourself in this situation

Also im not familiar with ukranian weddings but does it really take a few months for just the celebration? Why not just do it for a few weeks and go home?

 

[SadButTrue]

Agreed, how does it NOT make sense? Already CIC is generous by allowing you to somewhat break this rule by allowing you to leave for a few weeks when the rules say youre supposed to stay in Canada.

It sounds like to me you didnt do your research before you submitted the sponsorship, otherwise you wouldve clearly seen that PRs have to remain in Canada. I can tell you didnt read up on this rule due to the fact youve already bought tickets to Ukraine and planned to have this wedding for a while now

You shouldve done the wedding celebration, and then applied for sponsorship. At least then you would not only have done the wedding celebration, but also you wouldve had extra proofs to submit to CIC. It looks to me you were too concerned about sending in the app as quickly as possible that youve now put yourself in this situation

Also im not familiar with ukranian weddings but does it really take a few months for just the celebration? Why not just do it for a few weeks and go home?

First of all it doesn't say that the PR must stay it says that the PR should resides in Canada. There are difference. No it's just a day, and I am already planning to change the tickets for three weeks. We planned everything and we have enough proof for officer.

 

[badpusacat]

Why dont u just get ur wife to come here instead? You should just go for a few weeks only or risk a refusal

Not everyone is fortunate enough to get a TRV while application is on progress.
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SadButTrue, I'm a PR sponsor as well and I have the same dilemma with you. I can't just sit and wait without seeing my husband while the application is in progress. I've search everywhere in CIC site and there's nothing that says about allowed time out of Canada for PR sponsor.
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"Note: Permanent residents residing abroad may not sponsor from outside of Canada. Canadian citizens travelling as tourists are not considered to be residing abroad."

It's right in the application guide: http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

Here's my take on this, yes, as PR we are not allowed to "reside" outside of Canada to sponsor someone BUT that doesn't equate to vacation. Example, I go for vacation for a month and I still have a house and a job in Canada. I am still residing in Canada. I'm just away for a vacation.

So in my opinion, SadButTrue, as long as it is vacation and it doesn't affect your status at the submission of your application (especially job), then we can go. Unfortunately, in my opinion, 2-3months is long. I am planning to do a month or less.

 

[badpusacat]

Agreed, how does it NOT make sense? Already CIC is generous by allowing you to somewhat break this rule by allowing you to leave for a few weeks when the rules say youre supposed to stay in Canada.

Can you post the CIC link that says "when the rules say youre supposed to stay in Canada."? Thanks!

 

[SadButTrue]

Not everyone is fortunate enough to get a TRV while application is on progress.
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SadButTrue, I'm a PR sponsor as well and I have the same dilemma with you. I can't just sit and wait without seeing my husband while the application is in progress. I've search everywhere in CIC site and there's nothing that says about allowed time out of Canada for PR sponsor.
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Here's my take on this, yes, as PR we are not allowed to "reside" outside of Canada to sponsor someone BUT that mean vacation. Example, I go for vacation for a month and I still have a house and a job in Canada. I am still residing in Canada. I'm just away for a vacation.

So in my opinion, SadButTrue, as long as it is vacation and it doesn't affect your status at the submission of your application (especially job), then we can go.

I agree with you. If we are not in Canada for a few weeks, months but we live in Canada, I dont see why we are not allowed.

 

[SadButTrue]

Can you post the CIC link that says "when the rules say youre supposed to stay in Canada."? Thanks!

Exactly, I could find where it says you must be present in Canada during the application under review.

 

[badpusacat]

I agree with you. If we are not in Canada for a few weeks, months but we live in Canada, I dont see why we are not allowed.

I am planning to do a month or less. I agree that 2-3 months is risky.

The worst part here is there is no clear documentation about the rules so we have to stay on the safe side. Do not rely on CIC call center agents as you cannot use this as a proof, in case needed.

 

[CDNPR2014]

I agree with you. If we are not in Canada for a few weeks, months but we live in Canada, I dont see why we are not allowed.

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.

 

[badpusacat]

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.

Totally agree...which sucks because there is no concrete answer to this issue as it is based on the officer!

 

[mikeymyke]

Totally agree...which sucks because there is no concrete answer to this issue as it is based on the officer!

Well if you think about it, the rules do say PRs are not supposed to leave Canada. Just like how for inlanders, the spouse has to remain in Canada. Its the same thing for both situations: Person knows the rules, person agrees to the rules by signing contract, person suddenly wants to break the rules while still keeping the application active.

Why try to have your cake and eat it too? I think if people sign a contract and agree to follow the rules they shouldnt try to skirt them