Moving out of Canada with outstanding "Inside Canada" application

[69stanglover]

Hello,

First time poster, but I've been "lurking" for several months and this site was in invaluable resource while completing the application for me to sponsor my girlfriend back in March (AOR and OWP received in May).

My question is this: Can my girlfriend and I move out of Canada while her "Inside Canada" PR application is still being evaluated/processed? Reason I ask is that I've been offered a job in the UK and obviously would not take it if it jeopardized my girlfriend's PR application, but it is appealing otherwise.

I've searched this forum (and Google) and can't seem to find an answer/personal experience of any sort. Everything I've found relates to short-term travel (i.e. vacations) and not semi-permanent moves. I found some information indicating that she would be exempt from the requirement (3 out of 5 years, I believe?) to live in Canada post-PR, so long as she was living with me (a Canadian citizen) abroad, but nothing that speaks to "during" the process.

Please let me know if there's anything I've missed

Thanks,

Travis

 

[Ponga]

It is a requirement that an Inland applicant remain in Canada during the entire process, except for short trips...which in and of themselves are risky. If the applicant is denied re-entry, the application is toast.

The information that you've provided (3 years out of 5) only applies after she has landed as a PR.

 

[Ponga]

http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

Sponsorship eligibility

In order to sponsor, you must…

be 18 years of age or older,
be a Canadian citizen or permanent resident,
be sponsoring a member of the Spouse or Common?law Partner in Canada Class,
live in Canada and continue to live in Canada after the sponsored person obtains permanent resident status,
sign an agreement with your spouse or common?law partner confirming that each of you understands your obligations and responsibilities,
sign an undertaking promising to provide for your spouse or common?law partner’s basic requirements and, if applicable, those of his or her dependent children,
prove that you have sufficient income to provide basic requirements for your spouse or common?law partner’s dependent children. To do this, you must provide documents showing your financial resources for the past 12 months. This requirement applies only when dependent children who have dependent children of their own are included on the application.


and...


Whom may I sponsor using this application package?

You may sponsor your spouse or common?law partner if he or she meets the following requirements:

lives with you in Canada,
has a valid passport or travel document,
is 18 years of age or older,
is your spouse or common?law partner for genuine reasons and not primarily to obtain permanent resident status in Canada.

 

[Rob_TO]

As soon as CIC learns that either you or your gf have moved outside Canada, they will cancel the inland app.

If you decide to move to the UK you should voluntarily withdraw your inland app, and re-submit an outland app instead (if you still want her to get PR in that case). You will need to start from scratch again, but considering the ridiculously long inland times she will still most likely get PR in quicker total time with the new outland app vs letting the inland app continue.

Of course with moving to the UK and submitting the outland app you will need to convince CIC you will both return back to Canada upon getting approved for PR. So if you intended to stay in the UK a long time, you would actually want to hold off on submitting any outland app until you are around 1 year away from actually finishing your job there and moving back to Canada.

 

[69stanglover]

Thanks for the replies, which unfortunately confirmed my fears - didn't want to go through the hassle of withdrawing and resubmitting applications after having just gone through the tedious process of applying in the first place.

Rob, you mention waiting until about a year before moving back to apply, which makes sense, but it would be nice to have the peace of mind before then. My question is, is there actually a requirement to immigrate to Canada within a set amount of time? My whole family is here and she loves it here (it's certainly a lot closer/easier to get to Japan from Vancouver than the UK) so we fully intend on moving back in ~5 years.

Thanks again for the help, I appreciate it.

 

[MilesAway]

If you apply again outland, while residing outside Canada, CIC will require proof of your intent to move back to Canada when your spouse gets PR. If you aren't planning on moving back for another 4 or 5 years, they will refuse and tell you to apply again when you are ready.
There was a couple here who were refused at the border because the sponsor was doing their masters in the US, and had another year or two left, so the officer at the border cancelled the COPR and told them to reapply when they're ready.

 

[mimiwawa1116]

Hi I'm exactlly the same situation

･ I and my Canadian girlfriend have been living together in Canada for 1.5year
And we were gonna submit our PR application
But we want to move to the UK together for Youth Mobility Scheme

I'm concernd that my application is gonna be refused because IRCC conciders it as that we don't come back to Canada...

I know the best is move to the UK and applying from there but I already gathered all the documents that are for the application and have date( reference from family, birth certificate etc)
So I really wanna submit it now and a half year later move to the UK and after UK visa is done, back to Canada.

How can I make it happen?
Does this seem to be impossible?

 

[Alexn]

Hi I'm exactlly the same situation

･ I and my Canadian girlfriend have been living together in Canada for 1.5year
And we were gonna submit our PR application
But we want to move to the UK together for Youth Mobility Scheme

I'm concernd that my application is gonna be refused because IRCC conciders it as that we don't come back to Canada...

I know the best is move to the UK and applying from there but I already gathered all the documents that are for the application and have date( reference from family, birth certificate etc)
So I really wanna submit it now and a half year later move to the UK and after UK visa is done, back to Canada.

How can I make it happen?
Does this seem to be impossible?

If you are moving to the UK you can't apply inland. Inland apps are for people in Canada, if you leave Canada the inland app is void.
The only way you can move to the UK "half year later", without risking your app, is if the app process is complete and you have PR. Which doesn't seem likely.
If you really want to move to the UK, you have to apply outland and be able to prove you and your girlfriend will return to Canada once the app is concluded.

 

[mimiwawa1116]

If you are moving to the UK you can't apply inland. Inland apps are for people in Canada, if you leave Canada the inland app is void.
The only way you can move to the UK "half year later", without risking your app, is if the app process is complete and you have PR. Which doesn't seem likely.
If you really want to move to the UK, you have to apply outland and be able to prove you and your girlfriend will return to Canada once the app is concluded.

• #9

Thanks for replying.
yes. I was gonna apply meanwhile I m in Canada however application as outland.
And yeah, I supposed that I m gonna have to prove of returning to Canada if we will move to abroad.
But how exactly could we prove it? How much of the risk? like anyone has done this successfully?

I know the best isn't move out till get my PR.
but the UK visa was only for people who won a lottery so we really don't wanna miss this opportunity.

 

[Alexn]

• #9

Thanks for replying.
yes. I was gonna apply meanwhile I m in Canada however application as outland.
And yeah, I supposed that I m gonna have to prove of returning to Canada if we will move to abroad.
But how exactly could we prove it? How much of the risk? like anyone has done this successfully?

I know the best isn't move out till get my PR.
but the UK visa was only for people who won a lottery so we really don't wanna miss this opportunity.

Everyone outside of Canada applying outland has to prove intent to return to Canada. You basically have to prove that you are cutting ties with your current country of residency like quitting job, selling property and so on; and show intentions of returning to Canada like opening bank account, job offers, looking for a house, etc. If you search "proof of intent to return Canada" in this forum or google you will find lots of info.