Leaving Canada Temporarily while spouse's PR (outland) is in progress Sponser being PR and sponsorship eligibility is Approved

[Amalthea]

I will come and say that I left Canada and I was visiting my husband for 4 months then they rejected our application on the grounds of me not being in Canada. I Applied for him since February 2020 and they freaking rejected the application after 3 months of knowing that I'm out of Canada so seriously, they don't care. I informed the IRCC that I'll be outside of Canada visiting him because I also have an application for citizenship going on so imagine waiting for 1 year and 3 months then boom, all the time I spent in Canada and being away from him was absolutely a waste of time. My husband came for our son's birth and the last time he saw him,he was 6 weeks old and he was missing out and i wanted our son to bond with him because I was expecting for us to go back to Canada together as a family because we were on the last stage of approval. I was lied too by IRCC call center agent as well, they gave me wrong information and now I'm still here in Sweden. They did me dirty, I'll get back with my husband to Canada this time, start this process all over again doing inland application and get my citizenship and leave Canada for good once I get my citizenship, Just a shitty thing they did to us even after trying to explain ourselves but apparently they're more concerned about breaking legitimate families than reuniting them. So to anyone out there thinking about your those 3 or 2 lucky stories then go ahead and risk wasting time while you can just tolerate the separation for a while and don't play Russian roulette with your application. I know I'm not unlucky because I've seen a lot of people warning and just 2 stories of success because not all IRCC officers are kind and understanding or else a lot of us would be breaking their their rules or policies and still get to Canada with no consequences so a lot of them are hard core and have no mercy. And fyi, I have a cleaning business with my friend, so if you are thinking that I did something wrong, just know I was still paying my employees, I have a residency in Canada, still pays osap and morgage so I have all the ties in Canada but I broke their policy. It is what it is so you are warned.

I am so sorry about your application. Thank you for sharing your experience. I hope you are able to reapply soon, I can't imagine how frustrating this is for you guys.

As for the rest of the thread....

Everyone has the right to be counseled of the risks, and make an informed choice. New members haranguing veteran members that are simply explaining that it is a risk, are missing the forest for the trees. You are an adult and you can make your own choices. It is a very personal situation as to whether or not benefits outweigh those risks. Pretending the risks aren't there doesn't make them go away, and neither does name calling at the people simply stating those risks exist. They exist because people's applications have been denied over it, as witnessed on these forums, and because it is stated in the application but I digress.

A substance like alcohol is carcinogenic because it has the capability to stimulate cancerous growth. "Carcinogenic" speaks nothing to potency, frequency, toxicity. It is a simple fact. A substance simply either is or isn't capable of carcinogenesis. Again, everyone deserves to make an informed choice. It is not risk-free to leave Canada as a sponsor during a spousal PR application and to claim otherwise is actively harmful. People have the right to make an informed choice, and know what, if any risks they are choosing to take.

 

[randy0rtiz]

Yeah I figured this might not be that common. I was just curious if this was a "well document" case on the forum from people's experiences or if this might have clear steps from IRCC's side.

I agree with you, the hassle is probably not worth it even when it's applicable.

Been reading here and this might be our case. I'm (a PR in Canada) going to sponsor my fiancee (living in Canada with me) after our wedding via an Outland application as we need to travel during the application phase.

Now, I'm about to write the Citizenship test in a few days and would probably be a Citizen after the Spousal application is submitted but before the decision on it is made. I guess I could wait until I become a Citizen and then sponsor (about 2-3 months delay post marrying).

No idea what will happen if I travel. I want to err on the side of caution but also use some time off and take vacation of about a month.

 

[DimT44]

Been reading here and this might be our case. I'm (a PR in Canada) going to sponsor my fiancee (living in Canada with me) after our wedding via an Outland application as we need to travel during the application phase.

Now, I'm about to write the Citizenship test in a few days and would probably be a Citizen after the Spousal application is submitted but before the decision on it is made. I guess I could wait until I become a Citizen and then sponsor (about 2-3 months delay post marrying).

No idea what will happen if I travel. I want to err on the side of caution but also use some time off and take vacation of about a month.

When are you getting married and when are you planning to submit the application?

 

[randy0rtiz]

When are you getting married and when are you planning to submit the application?

Added some details:

About us:
We are in BC. Been together for a little under 2 years. Been living together since Dec 2021. Have all proofs to support the case.

About spouse:
Japanese national. In Canada on a LMIA work permit and currently working. Work permit ends in December 2022.

About Marriage:
Marrying in Canada in June 2022. Applying for Outland Spousal right after getting marriage certificate (so maybe June-July 2022).

About me:
Indian PR holder, in Canada for last 12 years (PR since 2018). My test can be scheduled in the next 20 days or so. From what I can tell currently it takes 3-4 months post test to get Citizenship.

About Travel:
We want to travel start of December (about 3-4 weeks). Part of this is a vacation (few days in Thailand). The rest is to hold ceremonies for our marriage in our home countries (India and Japan).

Based on the above my reasoning is as follows:

Scenario 1: Play it super safe, apply inland and OWP together. No leaving for anyone until we get it. Leave post PR (for spouse) and me (for citizenship).

Scenario 2: Apply outland from within Canada, but before I become a Citizen. Then leave in December. Spouse comes back when her PR is ready to Canada.

Scenario 3: Same as scenario 2 but apply after I become a Citizen.


What would you all recommend? Appreciate the help, TIA!

 

[randy0rtiz]

Added some details:

About us:
We are in BC. Been together for a little under 2 years. Been living together since Dec 2021. Have all proofs to support the case.

About spouse:
Japanese national. In Canada on a LMIA work permit and currently working. Work permit ends in December 2022.

About Marriage:
Marrying in Canada in June 2022. Applying for Outland Spousal right after getting marriage certificate (so maybe June-July 2022).

About me:
Indian PR holder, in Canada for last 12 years (PR since 2018). My test can be scheduled in the next 20 days or so. From what I can tell currently it takes 3-4 months post test to get Citizenship.

About Travel:
We want to travel start of December (about 3-4 weeks). Part of this is a vacation (few days in Thailand). The rest is to hold ceremonies for our marriage in our home countries (India and Japan).

Based on the above my reasoning is as follows:

Scenario 1: Play it super safe, apply inland and OWP together. No leaving for anyone until we get it. Leave post PR (for spouse) and me (for citizenship).

Scenario 2: Apply outland from within Canada, but before I become a Citizen. Then leave in December. Spouse comes back when her PR is ready to Canada.

Scenario 3: Same as scenario 2 but apply after I become a Citizen.


What would you all recommend? Appreciate the help, TIA!

 

[armoured]

Your 3-4 weeks travel is probably fine in most scenarios. Safer with outland so of work permit not critical, do that.

 

[randy0rtiz]

Your 3-4 weeks travel is probably fine in most scenarios. Safer with outland so of work permit not critical, do that.

I see. Do you mean both scenario 2 and 3 are fine with 3-4 weeks of travel?

 

[armoured]

I see. Do you mean both scenario 2 and 3 are fine with 3-4 weeks of travel?

I think even applying inland would likely be fine. But the outland scénarios are less risky.

 

[DimT44]

Added some details:

About us:
We are in BC. Been together for a little under 2 years. Been living together since Dec 2021. Have all proofs to support the case.

About spouse:
Japanese national. In Canada on a LMIA work permit and currently working. Work permit ends in December 2022.

About Marriage:
Marrying in Canada in June 2022. Applying for Outland Spousal right after getting marriage certificate (so maybe June-July 2022).

About me:
Indian PR holder, in Canada for last 12 years (PR since 2018). My test can be scheduled in the next 20 days or so. From what I can tell currently it takes 3-4 months post test to get Citizenship.

About Travel:
We want to travel start of December (about 3-4 weeks). Part of this is a vacation (few days in Thailand). The rest is to hold ceremonies for our marriage in our home countries (India and Japan).

Based on the above my reasoning is as follows:

Scenario 1: Play it super safe, apply inland and OWP together. No leaving for anyone until we get it. Leave post PR (for spouse) and me (for citizenship).

Scenario 2: Apply outland from within Canada, but before I become a Citizen. Then leave in December. Spouse comes back when her PR is ready to Canada.

Scenario 3: Same as scenario 2 but apply after I become a Citizen.


What would you all recommend? Appreciate the help, TIA!

I agree with @armoured 's suggestion above. But on a different topic, wouldn't applying for sponsorship before doing your marriage ceremony back home cause you trouble with IRCC?

 

[armoured]

I agree with @armoured 's suggestion above. But on a different topic, wouldn't applying for sponsorship before doing your marriage ceremony back home cause you trouble with IRCC?

Just my opinion but I think likely of low importance for a cross-cultural marriage in different countries (and a sponsor in Canada for more than a decade). Also already residing together. Civil marriage in Canada and family events separate not inappropriate.

This clearly isn't an arranged marriage where those ceremonies required and essential to the case.

That said I'm reading between the lines (guessing) and don't know details.

 

[randy0rtiz]

Just my opinion but I think likely of low importance for a cross-cultural marriage in different countries (and a sponsor in Canada for more than a decade). Also already residing together. Civil marriage in Canada and family events separate not inappropriate.

This clearly isn't an arranged marriage where those ceremonies required and essential to the case.

That said I'm reading between the lines (guessing) and don't know details.

We are going to have a Civil wedding (inviting our friends in Canada and my brother who also is in Canada) in June 2022.

We are also aware that documents like Joint account statements, Common address on bills, Both names on house rental lease, pictures to prove the time together. All of which we have.

Having said that, the ceremonies back home are mostly for our families and extended families to attend.

So since we will be technically “married” in June of this year and applying afterwards, does that count as enough in the eyes of IRCC? Or is there something more to it?

Happy for any feedback!

 

[armoured]

We are going to have a Civil wedding (inviting our friends in Canada and my brother who also is in Canada) in June 2022.

We are also aware that documents like Joint account statements, Common address on bills, Both names on house rental lease, pictures to prove the time together. All of which we have.

Having said that, the ceremonies back home are mostly for our families and extended families to attend.

So since we will be technically “married” in June of this year and applying afterwards, does that count as enough in the eyes of IRCC? Or is there something more to it?

Happy for any feedback!

I think your marriage in Canada will be fine. It's not technically married in any sense i can see, but actually married.

(I'd even suggest earlier simple civil wedding to reduce chances your spouse ends up unable to work etc. But that's your call)

 

[randy0rtiz]

I think your marriage in Canada will be fine. It's not technically married in any sense i can see, but actually married.

(I'd even suggest earlier simple civil wedding to reduce chances your spouse ends up unable to work etc. But that's your call)

Thanks. She plans to leave her current job in December (after her LMIA work permit expires).

Beyond that, if all goes as planned, she’ll hopefully get the permit between March 2023-June 2023 (if applied in August 2022 and current wait times)

As a Japanese national doesn’t need a Visitor visa to visit, we are hoping that she could visit Canada as a visitor during this waiting time. My understanding is that “dual intent“ is fine as long as you tell the officer that you are here strictly to visit, will not work and will leave Canada after the visit but also await the PR decision.

Appreciate your help validating this. We’ve been trying our best to make sure we haven’t missed anything.

 

[lp89]

I will come and say that I left Canada and I was visiting my husband for 4 months then they rejected our application on the grounds of me not being in Canada. I Applied for him since February 2020 and they freaking rejected the application after 3 months of knowing that I'm out of Canada so seriously, they don't care. I informed the IRCC that I'll be outside of Canada visiting him because I also have an application for citizenship going on so imagine waiting for 1 year and 3 months then boom, all the time I spent in Canada and being away from him was absolutely a waste of time. My husband came for our son's birth and the last time he saw him,he was 6 weeks old and he was missing out and i wanted our son to bond with him because I was expecting for us to go back to Canada together as a family because we were on the last stage of approval. I was lied too by IRCC call center agent as well, they gave me wrong information and now I'm still here in Sweden. They did me dirty, I'll get back with my husband to Canada this time, start this process all over again doing inland application and get my citizenship and leave Canada for good once I get my citizenship, Just a shitty thing they did to us even after trying to explain ourselves but apparently they're more concerned about breaking legitimate families than reuniting them. So to anyone out there thinking about your those 3 or 2 lucky stories then go ahead and risk wasting time while you can just tolerate the separation for a while and don't play Russian roulette with your application. I know I'm not unlucky because I've seen a lot of people warning and just 2 stories of success because not all IRCC officers are kind and understanding or else a lot of us would be breaking their their rules or policies and still get to Canada with no consequences so a lot of them are hard core and have no mercy. And fyi, I have a cleaning business with my friend, so if you are thinking that I did something wrong, just know I was still paying my employees, I have a residency in Canada, still pays osap and morgage so I have all the ties in Canada but I broke their policy. It is what it is so you are warned.

Thank you for sharing this and sorry to hear about your situation.

I have just applied for my wife's PR application 3 weeks ago. She lives in India so I am planning to go India and stay with her for a few months.

But now after reading this, I think I many have to reconsider.. and I also have some questions for you.

You applied for spousal PR in February 2020. When did you leave Canada? Did you leave after receiving the sponsorship approva?

 

[DimT44]

Thank you for sharing this and sorry to hear about your situation.

I have just applied for my wife's PR application 3 weeks ago. She lives in India so I am planning to go India and stay with her for a few months.

But now after reading this, I think I many have to reconsider.. and I also have some questions for you.

You applied for spousal PR in February 2020. When did you leave Canada? Did you leave after receiving the sponsorship approva?

It won’t make a difference when you leave. The law is specific that you have to remain eligible from the submission date to the landing date. As a PR, if leave for long holidays (above 3 weeks) you will become ineligible and be at risk.

Forget about cases, just because someone drove 200 miles per hour on the highway doesn't mean it's legal. If they didn't get a ticket doesn't mean it's legal.
The law says you can't, it's up to you to risk speeding.

If the speed limit is 50, some people drive at 55, some at 60 and crazy ones can go to 150. They all might get away with it, but only one is safe from breaking the law. The one driving 50 and below. Anyone else will become at the mercy of luck, the mood of the officer, the weather, the judge, and etc.