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

[yourfather]

I made an account to thank you for your time and doing your research. I was worried but reading your comments and research has put my mind as ease

This forum is a great source and I have got great advice from mods saving my application and lawyer fees several times. But for this particular issue, DO NOT LISTEN TO ANYONE HERE. A 2 month travel will not impact your application.. just continue all your bills, rent/mortgage etc and make sure you can return on time. Don't forget to update IRCC on webform. You should be good. I did the same, I went on a 3 month vacation and my application is getting processed, will update the forum based on my real life experience. I have PM from members who travelled for over 6 months and their applications getting processed/approved.

 

[screech339]

This forum is a great source and I have got great advice from mods saving my application and lawyer fees several times. But for this particular issue, DO NOT LISTEN TO ANYONE HERE. A 2 month travel will not impact your application.. just continue all your bills, rent/mortgage etc and make sure you can return on time. Don't forget to update IRCC on webform. You should be good. I did the same, I went on a 3 month vacation and my application is getting processed, will update the forum based on my real life experience. I have PM from members who travelled for over 6 months and their applications getting processed/approved.

Will you give zakaria666 your name and address so that zakaria666 can sue you for giving bad advice on this forum, in case his/her application gets rejected.

 

[yourfather]

Will you give zakaria666 your name and address so that zakaria666 can sue you for giving bad advice on this forum, in case his/her application gets rejected.

Will do as I did to most PMs I received. Does any one of you anonymous keyboard warriors ready to do the same? What qualification do you have to provide advice here? My advice is based on real life experience, read my previous posts with real world references. No mods have ever shown one rejection due to a short term travel abroad.

 

[pc8922]

Will do as I did to most PMs I received. Does any one of you anonymous keyboard warriors ready to do the same? What qualification do you have to provide advice here? My advice is based on real life experience, read my previous posts with real world references. No mods have ever shown one rejection due to a short term travel abroad.

There is another forum where the moderators painted a bleak picture - including the fact that sponsor will have to give up their own PR, leave the country and come back again. IRCC, on the other hand, approved the person's spouse's application after they received a PFL and gave a response. So it's not like moderators haven't given incorrect advise. Everyone tries their best to speak from their own experiences.

Having said that - this particular topic has disparate opinions due to varied experiences. In my experience + those around me, IRCC really has not had any issue and did not go out of their way to investigate sponsors who were out of the country for even 3+ months. As long as you have proof of residence in Canada - lease, bills, pay stubs and are basically paying taxes, you are good. Again, my experience, not word of God, but then again, neither is the moderators.

 

[k.h.p.]

Will do as I did to most PMs I received. Does any one of you anonymous keyboard warriors ready to do the same? What qualification do you have to provide advice here? My advice is based on real life experience, read my previous posts with real world references. No mods have ever shown one rejection due to a short term travel abroad.

Oh look it's this person again. "6+ months is short term travel abroad"

 

[Phalos]

Im guessing anything under 6 months is temporary visit. Thats why TRVs in Canada, UK, USA, AUS, etc are stamped 6 months and Canadians travelling to USA by car can stay there up to 6 months (winter birds).
A Canadian Citizen is free to stay with spouse longer thanb6 months, however, there is a chance ircc will require proof of intent to return, which can result in a Refusal.

 

[armoured]

There have been two cases recently here where sponsors had delays - significant - but no, they were not outright refusals.

In one, IRCC wrote to ask additional document request of sponsor - paystubs - but the sponsor wasn't actually working in Canada because had left. Haven't seen any update.

The other - the sponsor approval was quite delayed and no movement on file, GCMS notes (if I remember correctly) had some oblique reference that made it clear IRCC had sort of put the file on hold. Also no follow-ups since on what happened with that file.

No idea whether this approach is covid-related (wouldn't surprise me), and/or whether IRCC will proceed in this way in future.

As I think many here have said repeatedly - unclear how much IRCC enforces this or how it approaches. It's up to the sponsor/PA if they want to risk it. I still think it's a risk, if the risk is acceptable to the couple - by all means.

 

[screech339]

Will do as I did to most PMs I received. Does any one of you anonymous keyboard warriors ready to do the same? What qualification do you have to provide advice here? My advice is based on real life experience, read my previous posts with real world references. No mods have ever shown one rejection due to a short term travel abroad.

I am willing to do the same but I know for a fact that I won't get sued because I don't give out advice contrary to the PR/Canadian PR rules of PR sponsorship.

 

[screech339]

Im guessing anything under 6 months is temporary visit. Thats why TRVs in Canada, UK, USA, AUS, etc are stamped 6 months and Canadians travelling to USA by car can stay there up to 6 months (winter birds).
A Canadian Citizen is free to stay with spouse longer thanb6 months, however, there is a chance ircc will require proof of intent to return, which can result in a Refusal.

Canadian sponsors are still expected to stay and remain in Canada for inland sponsorship. They cannot treat it as an outland PR application if they choose to stay outside Canada while waiting for PR. IRCC does not need proof of return to Canada for inland sponsorship. If IRCC determines that the sponsor is no longer residing in Canada, they can refuse the application. If that is what a Canadian sponsor wants do, should have applied outland PR application. There is a reason why there are two different PR paths. They have a choice and need to stick by the rules once it is decided. Only time they may ask for proof of return is if the Canadian sponsor originally applied for outland when residing in Canada and decided to leave Canada until outland PR is process. As Canadians, they can do that. PRs don't have this luxury.

Anytime, someone says I know someone who stayed up to 3 to 6 months or more without a problem only means they simply didn't get caught. With IRCC being understaffed and covid rules in place, only means they can't use the full resources at hand. Just because they didn't get rejected doesnt mean the rules don't apply anymore.

I had a mutual friend a Canadian sponsor who was sponsoring inland PR. He stayed outside Canada too long that IRCC found out and rejected his inland application. I warned him and he, of course didn't listen to me, like some people on this forum. He had to start all over again. His spouse waited over 2 years to finally get PR and this was a year before covid hit Canada. Lucky for her, she managed to land PR before covid sh*t hit the the fan. Otherwise she would be one of the very unlucky ones.

 

[Phalos]

OP question was Outland, but I agree. with you, Inland is a different ballgame.

 

[screech339]

OP question was Outland, but I agree. with you, Inland is a different ballgame.

OP is PR. The OP wanted to leave Canada during PR sponsorship, As a PR, he/she must remain in Canada during PR sponsorship, regardless if he/she applied inland or outland sponsorship. So OP cannot leave for 3-6 months or more. That is in itself a violation of PR sponsorship for PR sponsors.

 

[Mum84]

I have seen my friends application getting approved while he is away from Canada for more than 8 months. His sponsorship was approved before COVID and he left Canada after seeing "complete pause" on processing. He is still in India and his wife and kid for PPR and got stamped.

I know another person who applied for his new born baby's PR (born in India) from India itself (Outland from India, should've been rejected but got approved all the while being in India).

I have ordered and gotten the CBSA records under privacy act and it's clear that Canada doesn't have "exit" control and they don't show any exit records unless we go to USA by car (they have some mutual agreement it seems).

So unless it's an extreme case of abandoning the application, if someone goes to stay with his wife for 6 months from "May 2020 to Nov 2020" (example) and comes back and been staying here for 4 months now, the officer is going to simply reject? Why and how? Are they some kind of robots?

I'm really interested in seeing those rejected posts, I have searched many times. I'm not suggesting anyone to go away for a long time but saying "for sure" that application is in danger just because he goes out for more than 4 weeks, while the poor guy is away from his wife for 1 year already, is brutal.

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.

 

[zakaria666]

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 taking time out to share your experience and sorry for what happened

How did you find out? Were you working in Canada at the time or paying rent/taxes etc?

How did you find out. Call email or letter?

 

[Mum84]

Thank you for taking time out to share your experience and sorry for what happened

How did you find out? Were you working in Canada at the time or paying rent/taxes etc?

How did you find out. Call email or letter?

You're welcome! And sorry it's a long post,lol! Well, the IRCC sent me an email that the decision was made on the application so we got excited and sign in to see what it was so imagine the shock we got. They didnt even give me a chance to defend myself. I called an immigration lawyer and he said that right now the IRCC is on a witch hunt as they have realised that a lot of people have taken an advantage of leaving the country, uses the pandemic as the excuse to not follow their policies, few people got lucky and have not been caught. I did the right thing and informed them but I guess it backfired on me and the IRCC call center agent are not the realible source if you're trying to get a proper information.

To be honest I called them the following day so that they can explain to me why they reached that conclusion. I have ties to Canada, I pay tax, I have a cleaning business that I still manage with my partner while I'm still in Sweden, I pay mortgage, all the bills etc. but the agent said when they were ready to make a decision, they found out I was not eligible because I am not residing in Canada. I wanted to understand the term residing because I might be missing something so it didn't help anything.

So I've decided to stay a little longer in Sweden until the end of the year so that my husband can finish his Masters then we can all go back to Canada together and start all over again.

Some people do get lucky and very few success stories of others,might not be yours and we also hear stories of people losing their permanent residence after 3 years of living in Canada because some how the immigration officer discovers something about them so it really depends on the situation and your luck. And they say it's up to the immigration officer's discretion so I will leave it to that and wish everyone else good luck. My unfortunate situation might not be yours so hope for the best and have plan B if it doesn't work out

 

[zakaria666]

You're welcome! And sorry it's a long post,lol! Well, the IRCC sent me an email that the decision was made on the application so we got excited and sign in to see what it was so imagine the shock we got. They didnt even give me a chance to defend myself. I called an immigration lawyer and he said that right now the IRCC is on a witch hunt as they have realised that a lot of people have taken an advantage of leaving the country, uses the pandemic as the excuse to not follow their policies, few people got lucky and have not been caught. I did the right thing and informed them but I guess it backfired on me and the IRCC call center agent are not the realible source if you're trying to get a proper information.

To be honest I called them the following day so that they can explain to me why they reached that conclusion. I have ties to Canada, I pay tax, I have a cleaning business that I still manage with my partner while I'm still in Sweden, I pay mortgage, all the bills etc. but the agent said when they were ready to make a decision, they found out I was not eligible because I am not residing in Canada. I wanted to understand the term residing because I might be missing something so it didn't help anything.

So I've decided to stay a little longer in Sweden until the end of the year so that my husband can finish his Masters then we can all go back to Canada together and start all over again.

Some people do get lucky and very few success stories of others,might not be yours and we also hear stories of people losing their permanent residence after 3 years of living in Canada because some how the immigration officer discovers something about them so it really depends on the situation and your luck. And they say it's up to the immigration officer's discretion so I will leave it to that and wish everyone else good luck. My unfortunate situation might not be yours so hope for the best and have plan B if it doesn't work out

Thank you so much for the detailed response. Oh no. So I guess when you let them know that you were out that's when maybe they flagged it. I'm so sorry this happened to you.

Regarding permanent residency and PR cards.... Where did you hear this from? Do you know maybe the reasons the officer found?