Leaving Canada while resident on spousal visa

[mliebel84]

I am an American citizen who has recently married my Canadian fiance of 4 years. We are most likely going to relocate to Vancouver. My question is this; If I relocate to Canada after being granted a Visa is it possible for my wife and I to leave Canada and live abroad at some point without having to go through Canadian immigration process again? We are going to move to Canada in the short term but she plans on going to graduate school in the UK in a few years. If we move there will I need to go through the Visa application for Canada again when she finishes grad school and we move back to Vancouver?

Thanks

ML

 

[screech339]

I am an American citizen who has recently married my Canadian fiance of 4 years. We are most likely going to relocate to Vancouver. My question is this; If I relocate to Canada after being granted a Visa is it possible for my wife and I to leave Canada and live abroad at some point without having to go through Canadian immigration process again? We are going to move to Canada in the short term but she plans on going to graduate school in the UK in a few years. If we move there will I need to go through the Visa application for Canada again when she finishes grad school and we move back to Vancouver?

Thanks

ML

You can leave Canada after getting PR. Not while you are waiting for PR during inland process. If your wife sponsors you inside canada, you must remain in Canada the whole process. Once you gotten PR, then you can leave Canada after that for as long as you want so long as your Canadian spouse stays with you. Staying with your spouse abroad will keep your PR status.

Now if you apply outside Canada, you can go anywhere you want to go without hurting your process, however be prepared to go back to home country for any interview requests.

Hope this helps.

Screech339

 

[mliebel84]

Thanks Screech! So for sake of example; I'm applying outland so will most likely not live in CA until Spring/Summer. If we live in Canada for one year and then move to UK for 2 years and then decide to move back to CA, provided I was living with my Canadian wife while in UK than I will not have to re apply for anything on my return to CA?

Thanks again for your help!

 

[automaton82]

You can leave Canada after getting PR. Not while you are waiting for PR during inland process. If your wife sponsors you inside canada, you must remain in Canada the whole process. Once you gotten PR, then you can leave Canada after that for as long as you want so long as your Canadian spouse stays with you. Staying with your spouse abroad will keep your PR status.

Now if you apply outside Canada, you can go anywhere you want to go without hurting your process, however be prepared to go back to home country for any interview requests.

Hope this helps.

Screech339

Just to be clear, they *can* leave, but it's just not advised. From the instruction guide (http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp):
Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker.

The person being sponsored has no guarantee that he or she will be permitted to return or re‑enter Canada if he or she leaves before permanent residence is approved. This is especially true if a Temporary Resident Visa is required to enter Canada.

 

[screech339]

If you only planning to go back to vancouver permanently after the UK visit, you may be best to wait until you plan to settle in Canada before sponsoring you. If you apply inland when you first go to vancouver, be prepared to be stuck in Canada however this may not work if your spouse wants to go to UK for studies. She would have to wait until process is done in Canada before moving to UK for school. Otherwise it would jeopardize your inland sponsorship if spouse wants to go to UK sooner before PR is complete.

Screech339

 

[screech339]

Thanks Screech! So for sake of example; I'm applying outland so will most likely not live in CA until Spring/Summer. If we live in Canada for one year and then move to UK for 2 years and then decide to move back to CA, provided I was living with my Canadian wife while in UK than I will not have to re apply for anything on my return to CA?

Thanks again for your help!

If you plan to apply outland, that's okay. It won't affect your sponsorship. However since your wife will be in UK, they will want proof of her intention on moving back to Canada. And if you were granted COPR while living in UK, there is a deadline to enter Canada in order to get your PR. That may effect your wife's timing with UK schooling.

I think your best bet is to wait until your wife finishes UK school and then sponsor you when you and her are ready to "settle" in Canada.

Screech339

 

[mliebel84]

The only issue with that is that she will not likely be finished with her graduate program for another 3 years and that sounds like a really long time to be apart. We are definitely going to do an out of country application as I understand and applicant doesn't have the same chances for appeal if declined if the application was submitted inland. If I wait to move to CA until after I have been approved for permanent resident with her as my sponsor, we stay there for a year and then we leave Canada for a year or two while she studies, is there any new application process I would go through or does my initial permanent resident status carry over as her husband.

 

[screech339]

The only issue with that is that she will not likely be finished with her graduate program for another 3 years and that sounds like a really long time to be apart. We are definitely going to do an out of country application as I understand and applicant doesn't have the same chances for appeal if declined if the application was submitted inland. If I wait to move to CA until after I have been approved for permanent resident with her as my sponsor, we stay there for a year and then we leave Canada for a year or two while she studies, is there any new application process I would go through or does my initial permanent resident status carry over as her husband.

It is just a matter of timing. If you can get your PR before your wife leaves for UK, then all is well. However if you haven't gotten your COPR while you are in UK, then CIC may question your wife intention to move to Canada and settle since she is then living in UK. And you can extend timing to COPR to time it when your wife finishes UK. You may end up getting denied PR despite having COPR on account your wife is not in Canada when you are granted to land. They don't give PR status just so you can come in one day and then skip off to UK the next.

Screech339

 

[canadianwoman]

The only issue with that is that she will not likely be finished with her graduate program for another 3 years and that sounds like a really long time to be apart. We are definitely going to do an out of country application as I understand and applicant doesn't have the same chances for appeal if declined if the application was submitted inland. If I wait to move to CA until after I have been approved for permanent resident with her as my sponsor, we stay there for a year and then we leave Canada for a year or two while she studies, is there any new application process I would go through or does my initial permanent resident status carry over as her husband.

The timeline as you have it here will cause you no problems. You apply outland, get the PR and then stay in Canada for a year or so as a PR. Then you move with your wife to the UK for a couple of years. When you return to Canada to live with your wife after she graduates, you will not have to go through any other application process.

A PR has to stay in Canada for 2 years out of every 5 to keep the PR status, but time spent outside of Canada living with a Canadian spouse counts as time spent living in Canada, so no worries there either. I would just keep proof that you were living together in the UK - such as a lease or mortgage with both names, utility bills in both names, joint bank accounts and credit cards, mail addressed to both of you at the same address - just in case you ever need to prove it.