Leaving Canada while spouse's PR (outland) is in progress

[martin_007]

Dear all,

I have a situation and wondering if someone can give me some advise on that. I am naturalized Canadian Citizen and recently applied to sponsor my wife's PR in Quebec. She lives in Bangladesh. The situation is like this:

I sent the full application package to CIC on 31st March.
However I left Canada the very next day April,01 for coming to USA and now living here. While sending the documents I used a Quebec friend's address as my address. After leaving Canada I did not notify CIC since it will require more documentations such as intention to go back to canada and so on. Now I am worried since the PR process (and the CSQ) in total takes at least 6-8 months these days (via singapore office as my wife is a Bangladeshi Citizen). Do I really need to notify the CIC that I moved, will they find it out somehow ?? Note that I already received the confirmation of sponsorship eligibility during my stay in US (and still there). Also note that, I will move to UK for my postdoc in September for next 2 years.

If someone can comment on my critical situation, that will be really helpful. The status and timeline of my application looks as follows:

Main applicants (my timeline):
We received your application to sponsor XXXX on March 31, 2016.
We sent you correspondence acknowledging receipt of your application(s) on April 26, 2016.
We started processing your application on April 25, 2016.
(Note that: my sponsorship eligibility arrived on regular mail on May 16th, with that I applied for Family class CSQ on June 9th, did not receive the CSQ yet though !!!)

My wife's timeline :

We received your application for permanent residence on March 31, 2016.
We sent you correspondence acknowledging receipt of your application(s) on May 26, 2016.
We started processing your application on May 25, 2016.
Medical results have been received.

 

[liv2]

Hi Martin,

From what I understand it's important to let CIC know if anything changes from what you put on the application or you could be considered misrepresenting yourself which can have severe consequences.

That being said, if you'll be in the UK for 2 years you probably won't be able to prove intention to move back to Canada. I think that'll depend on the number of days you're actually in Canada in each of those 2 years.

Another thing that may or may not apply to your case: If you've been married less than 2 years or living together for less than two years, you're expected to cohabitate for 2 years after your wife arrives in Canada.

I'm just a sponsor and I'm sponsoring from another province (I know Quebec has different laws) so I would talk with an immigration consultant or lawyer if I were you.

 

[martin_007]

Hi Martin,

Another thing that may or may not apply to your case: If you've been married less than 2 years or living together for less than two years, you're expected to cohabitate for 2 years after your wife arrives in Canada.

I don't think this information is correct. As for as I know the spouse of the Canadian citizens are allowed to stay outside Canada after getting PR to accompany their spouse abroad.

 

[badpusacat]

You can get some answers here:

http://www.canadavisa.com/canada-immigration-discussion-board/leaving-canada-during-spousal-sponsorship-t434352.0.html

 

[badpusacat]

Previous case that might be similar to your situation.

and here are some canlii links from the post linked above, perhaps they will help shed some light on this issue:

I took time to read all the highlights of the links that you provided because I am so curious about this issue. I'm not sure what is your interpretation but for me, it's the same as what most people say here: PR sponsor MUST reside in Canada, short trips outside Canada are tolerable depending on the visa officer.

http://www.canlii.org/en/ca/irb/doc/2012/2012canlii98543/2012canlii98543.html

"The appellant was engaged to the applicant on 14 July 2007, and landed in Canada on 11 September 2007. After landing, she married the applicant via proxy marriage on 25 November 2007. A sponsorship application was submitted on 4 June 2008, an interview took place on 23 April 2009 and a refusal letter was issued on 28 April 2009. On 23 November 2009, following the refusal of the application, the appellant left Canada and travelled to Pakistan. She has been residing in Pakistan since that time and has not returned to visit Canada. The appellant’s permanent residence card expires on 1 October 2012. The appellant expects the birth of her first child on October 14, 2012.

Section 133 of the IRPR states:

133.(1) Requirements for sponsor -- A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor

(a) is a sponsor as described in section 130;

130.(1) Sponsor -- Subject to subsection (2), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10."

ME: In this case, they are refused based on their marriage. Yes, the sponsor was questioned from being out of Canada because he left Nov2009 and did not return until (approximately) 2012.

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http://www.canlii.org/en/ca/irb/doc/2009/2009canlii29470/2009canlii29470.html

[6] The appellant married the applicant during a trip to China that lasted from August 31, 2006 until April 11, 2007.[7] On September 21, 2007, he returned to China to wind up his real estate company. In December 2007, his plans to sell his business to the Communication Bank of China fell through. He decided to remain in China to be able to celebrate the Chinese New Year in February with his wife. He then remained in China in order to accompany his wife to her interview which took place on April 15, 2008.[8] He returned to Canada later in April 2008.

ME: In this case, the sponsor was out of Canada for 6months or more. Thus, it cannot be considered as vacation.

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http://www.canlii.org/en/ca/irb/doc/2010/2010canlii95383/2010canlii95383.html

Analysis: However, it appears that, at the time he filed his applications, the appellant was pretending to be living in Canada. Based on his entry/exit documentation to and from Canada,[6] it appears that the appellant spends most of his time in France. His visits to Canada are quite brief.

ME: In this case, the sponsor is living in France, not in Canada.

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http://www.canlii.org/en/ca/irb/doc/2011/2011canlii95414/2011canlii95414.html

[3] The appellant was not a permanent resident when he filed the application to sponsor his spouse. He became a permanent resident on June 11, 2008, and then immediately left Canada. The appellant is currently in the United States. On March 24, 2009, he filed an application to sponsor his spouse. Unfortunately, at that time, he was not a permanent resident in Canada, but rather a resident of the United States. Consequently, pursuant to paragraphs 130(1)(a) and 130(1)(b), he does not meet the conditions for being considered a sponsor under the Immigration and Refugee Protection Act (the Act). As Ms. Raymond explained, the only exception to this rule would be if he were a Canadian citizen, which unfortunately is not the case.


ME: In this case, the sponsor is a resident of US, not Canada.

 

[badpusacat]

You are a Canadian citizen. You are qualified to sponsor your wife even from outside Canada. Why don't you just inform CIC and avoid the risk of misrepresentation?

 

[martin_007]

You can get some answers here:

I think that thread was for a PR sponsoring his spouse. Since i am a citizen, my case should be different i assume ?

 

[martin_007]

You are a Canadian citizen. You are qualified to sponsor your wife even from outside Canada. Why don't you just inform CIC and avoid the risk of misrepresentation?

When I applied I was under the impression that declaring this might create problem and will ask for proof (job offer etc) that i will come back, so to keep it simple i applied like a Quebec resident and the next day I left Canada for USA. I also got the sponsorship eligibility without any problem. Since it has been 3 months that I left Canada, I can notify CIC now that i moved to usa, but i am worried that it might create more problems since i will move again to UK in September for 2 years.

 

[badpusacat]

When I applied I was under the impression that declaring this might create problem and will ask for proof (job offer etc) that i will come back, so to keep it simple i applied like a Quebec resident and the next day I left Canada for USA. I also got the sponsorship eligibility without any problem. Since it has been 3 months that I left Canada, I can notify CIC now that i moved to usa, but i am worried that it might create more problems since i will move again to UK in September for 2 years.

Actually they may or may not notice that you went out of the country after submitting the application form. Have you seen the links I posted above? Some of the sponsors travel history was notice at the last stages of application.Are you willing to risk instead of waiting a little longer? Assuming that by informing them, it will affect the speed of your application

It's your call. As for me, any possible big issues, I will update CIC.

 

[martin_007]

Actually they may or may not notice that you went out of the country after submitting the application form. Have you seen the links I posted above? Some of the sponsors travel history was notice at the last stages of application.Are you willing to risk instead of waiting a little longer? Assuming that by informing them, it will affect the speed of your application

It's your call. As for me, any possible big issues, I will update CIC.

Yes, you are right, I am planning to notify CIC once I move to UK with my new address in UK. By then it will be 5 months that would have left canada (i visited canada for a few days in between). Probably once i update the address they will ask me to provide proof that i will be back in Canada once my wife gets the PR. This part might be tricky since I will have to stay in UK for 2 years starting from September which makes the situation complex enough.

 

[fatithaider]

I am a canadian citizen and sponsored my wife in another country for her PR. She just had her medical test and I had to move to another country (outside canada) for 1 1/2 assignment. I was wondering how to update CIC for my job and address change?

I was able to find address change for person being sponsored but didn't find a way to update change in sponsor itself.

 

[canuck_in_uk]

I am a canadian citizen and sponsored my wife in another country for her PR. She just had her medical test and I had to move to another country (outside canada) for 1 1/2 assignment. I was wondering how to update CIC for my job and address change?

I was able to find address change for person being sponsored but didn't find a way to update change in sponsor itself.

You need to send a Webform. It you are going to be out of Canada for next 1.5 years, and the app is close to finished, you can expect a refusal.

 

[mimiwawa1116]

Hi, I have simmiler situation which is that I will put my address in Canada where I've been living with my common law partner(citizen, sponsor) for a year as current resident in my PR apprication-outland Family Class.
But I will move to the UK with her for 2years before my application gets approved...
I'm quite worried that they are going to refuse my application...
I really would like to hear anyone who had simmiler situation and how it ended up to be like?

 

[armoured]

Hi, I have simmiler situation which is that I will put my address in Canada where I've been living with my common law partner(citizen, sponsor) for a year as current resident in my PR apprication-outland Family Class.
But I will move to the UK with her for 2years before my application gets approved...
I'm quite worried that they are going to refuse my application...
I really would like to hear anyone who had simmiler situation and how it ended up to be like?

You can live outside Canada as long as you apply outland. Your spouse can too if she is a citizen. When approved, and you get the COPR, you will have to arrive in Canada before that expires - in non-covid times, you can depart and come back after (soft landing). Won't guess about situation now.

Your spouse should update her address and may need to demonstrate to IRCC her intent to return to Canada. If she is maintaining some or most of her residential ties she should be able to do so.

Your only wrinkle really is the 'two year' part of this. I doubt IRCC will want to see info that she'll return to Canada two years down the road.

Of course the alternative is for her to apply in future instead of now. Neither situation will be ideal in terms of planning specific dates, but it's the reality.

Note that in a sense 'the worst that can happen' is her early application gets turned down because they aren't convinced by her plan to return. Okay, you'd lose some of the application fees, but could re-apply later - possibly with some issues being apart as you wait for the file to be processed.

 

[mimiwawa1116]

You can live outside Canada as long as you apply outland. Your spouse can too if she is a citizen. When approved, and you get the COPR, you will have to arrive in Canada before that expires - in non-covid times, you can depart and come back after (soft landing). Won't guess about situation now.

Your spouse should update her address and may need to demonstrate to IRCC her intent to return to Canada. If she is maintaining some or most of her residential ties she should be able to do so.

Your only wrinkle really is the 'two year' part of this. I doubt IRCC will want to see info that she'll return to Canada two years down the road.

Of course the alternative is for her to apply in future instead of now. Neither situation will be ideal in terms of planning specific dates, but it's the reality.

Note that in a sense 'the worst that can happen' is her early application gets turned down because they aren't convinced by her plan to return. Okay, you'd lose some of the application fees, but could re-apply later - possibly with some issues being apart as you wait for the file to be processed.

Hello Thanks for the reply.
We ve been supposing that we should better to submit application in the UK when our UK visa is 1year left or sth.
However, We ve been working on PR application because we wanted to move to the UK but we didn't really expected that our UK visa is approved so early like now.
so we already have the documents for PR
and we are afraid if we 'll be able to use those documents which are gonna be "1year old dated" if we submit from the UK in the future.
( like referrences, BirthCertificate, some documents that are translated by a certificated translater etc...)