Leaving Canada while Spousal sponsorship application is in progress?

[immigration786]

I just spoke to a representative at the CIC call center. My question for them was if it was ok to leave Canada as a PR while the spousal application is in process? She confirmed that there is no requirement for the sponsor to remain in Canada. The only requirement for sponsor is to make sure there PR residency requirements are being met. I have heard so many different theories on this topic. Can someone please confirm what is accurate. I really need to leave Canada and so me and my kids can be with my husband as it has been almost a year now and it is getting really hard for my family. Any help and insight will be appreciated.

 

[CrazyCanada]

No specific restrictions. I have done that myself.
Being away for an year is hard, so don't worry about leaving Canada. Just save all your travel docs and get some pictures incase if they call you for an Interview or request additional docs to prove your relationship

 

[immigration786]

No specific restrictions. I have done that myself.
Being away for an year is hard, so don't worry about leaving Canada. Just save all your travel docs and get some pictures incase if they call you for an Interview or request additional docs to prove your relationship

Thank you for your reply. Just double checking that PR's a good to leave as well or is this only for Canadian citizens. Also, is there a time limit for which i can be out of the country or is there no specific restriction. For context, my application has been in process for over 6 months and i have stayed in Canada all this time.

 

[sylvain1]

Thank you for your reply. Just double checking that PR's a good to leave as well or is this only for Canadian citizens. Also, is there a time limit for which i can be out of the country or is there no specific restriction. For context, my application has been in process for over 6 months and i have stayed in Canada all this time.

PR must be living in Canada to sponsor, while Canadian citizens may live outside Canada and be a sponsor. So, from what I understand (I might be wrong), if you are a PR, you likely can have short stay (vacations) outside Canada during your application, but staying for months outside Canada can make you ineligible to sponsor.

 

[Rob_TO]

Thank you for your reply. Just double checking that PR's a good to leave as well or is this only for Canadian citizens. Also, is there a time limit for which i can be out of the country or is there no specific restriction. For context, my application has been in process for over 6 months and i have stayed in Canada all this time.

Only citizens can reside outside Canada while sponsoring a partner.

PRs must be residing in Canada for duration of processing. If you leave Canada for an extended period and the visa officer becomes aware of this, they may feel you are no longer residing in Canada so would have grounds to cancel your application entirely.

You are certainly free to travel while PR app is processing, but just don't travel long enough to make it appear you're residing. There is no specific time allowed since it's all at discretion of a random visa officer. I would keep trips to a month maximum, but really it's up to you how much risk you want to take.

I have heard so many different theories on this topic

It's not a "theory" it's literary one of the few primary rules to being a sponsor: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp
Who can become a sponsor
You can become a sponsor if you are:
living in Canada:
-If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident.
-You can’t sponsor someone if you are a permanent resident living outside Canada

Call centre often doesn't know what they are talking about.

 

[madhukar0807]

Hi please resolve this query.

My PR application is in progress. I'm on OWP.

I just want to know if i had sponsored my wife, can she leave canada and come back. She already have valid TRV to go-come-into canada.

Please help

 

[spousalsponsee]

You can't sponsor your wife. As you are going through PR, she must be included on your application. That will make her a PR without needing to be sponsored. If you do not include her, you will never be able to sponsor her.

 

[madhukar0807]

You can't sponsor your wife. As you are going through PR, she must be included on your application. That will make her a PR without needing to be sponsored. If you do not include her, you will never be able to sponsor her.

I think i got misunderstood, I have already included my wife while my PR (exp entry CEC) file is in process. I was asking, before any decision is made, can my wife (already included) leave canada and come back?

 

[spousalsponsee]

You'd get more experienced answers in the CEC section of the forum (since your wife is a dependent on your CEC app, you're not going through spousal sponsorship), but I can't imagine there are specific rules in CEC that prevent her from leaving the country if she would normally be allowed to come and go.

 

[Blackking]

PR must be living in Canada to sponsor, while Canadian citizens may live outside Canada and be a sponsor. So, from what I understand (I might be wrong), if you are a PR, you likely can have short stay (vacations) outside Canada during your application, but staying for months outside Canada can make you ineligible to sponsor.

I am just wondering how a visa officer will come to know if you have moved out of Canada after sponsoring?

 

[Blackking]

Only citizens can reside outside Canada while sponsoring a partner.

PRs must be residing in Canada for duration of processing. If you leave Canada for an extended period and the visa officer becomes aware of this, they may feel you are no longer residing in Canada so would have grounds to cancel your application entirely.

You are certainly free to travel while PR app is processing, but just don't travel long enough to make it appear you're residing. There is no specific time allowed since it's all at discretion of a random visa officer. I would keep trips to a month maximum, but really it's up to you how much risk you want to take.

How the Visa office will come to know that the person who initiate the sponsorship process is not now in Canada

 

[jordo]

I am just wondering how a visa officer will come to know if you have moved out of Canada after sponsoring?

I would imagine that the officer would have access to a lot of information and will be digging through all sorts of records during the background check which happens near the end of the PR application process - including CBSA entry/exit records.

 

[ramank22787]

What is we have come to home country and is working from home for the same canadian company and paying rent/mortgage of the home in canada? Can we still travel back home specially during the time of covid-19

 

[ramank22787]

What is we have come to home country and is working from home for the same canadian company and paying rent/mortgage of the home in canada? Can we still travel back home specially during the time of covid-19

Because during covid IT companies have allowed work from home.

 

[armoured]

What is we have come to home country and is working from home for the same canadian company and paying rent/mortgage of the home in canada? Can we still travel back home specially during the time of covid-19

You can travel back home, clearly for short trips. But remaining there while working 'from home' is clearly not what is intended by the policy - only work where required to be abroad by employer temporarily and for finite periods.

Stay for longer periods and you risk IRCC deciding you are not eligible to sponsor. Short trips is not defined anywhere but weeks or less than a month.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-assessing-sponsor.html

Short personal and business trips are clearly allowed, and clearly not true that a PR can stay abroad throughout for any duration.

From the ref above:
-A sponsor must be eligible from the day the sponsorship application is received by IRCC until the sponsored person becomes a permanent resident.
-A sponsor must be residing in Canada , unless they are a Canadian citizen residing abroad

Sponsors who maintain a principal residence in Canada are not considered to be in violation of residency requirements if they:

• take short holidays or business trips outside Canada on a temporary basis
• have work arrangements that require them to be outside Canada for temporary finite periods of time, but return to live in Canada in between assignments (such as ship crew or seasonal workers)