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Permanent Resident - Sponsor Application - How long can be outside Canada

Jaya1985

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Hi ,

Anybody Spouse - Sponsor Application rejected when Sponsor - leaving canada after sponsorship approved but 2nd stage Application in Progress?

How long Sponsor can be out side of canada when Sponsorship Application in Progress?
 

scylla

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Yes - there have been a few here who have been refused for that reason during stage 2. I'll see if I can find the threads.

Generally it seems safe to be outside of Canada for three weeks. Once it's longer, you're taking a risk that your file may be refused for failing to live in Canada while sponsoring.
 

Jaya1985

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scylla said:
Yes - there have been a few here who have been refused for that reason during stage 2. I'll see if I can find the threads.

Generally it seems safe to be outside of Canada for three weeks. Once it's longer, you're taking a risk that your file may be refused for failing to live in Canada while sponsoring.

Thanks . Just curious , Will CIC - verify whether Sponsor is in Canada after 1st stage approval ? , If they are gone for month Vacation , Do they need to inform CIC ?


If refused for this reason , Will this affect Sponsor reentry to Canada ? or PR would become inadmissible to Canada ?

Do we need to re apply from 1st Stage if rejected for this reason ?
 

scylla

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If you are refused, you will have to start the process again from the very beginning (you will have to go through Stage 1 again too). Or you can appeal - althought appealing can be a very long process.

As long as the sponsor meets the residency requirements (living in Canada for 730 days out of every 5 years), they will maintain their PR status.

Yes - CIC will sometimes verify if the sponsor is in Canada after 1st stage approval. As I mentioned in my first post, people here have been refused after Stage 1 for failing to live in Canada. So this means that CIC does in fact sometimes verify if the sponsor is still in Canada after stage 1.
 

Leon

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I have heard the same. If that happens, they will not give you the opportunity to return to Canada and continue the application. They will ask you to prove that you have been residing in Canada since you applied. If you fail to do that, they will cancel it.

In Canada, vacation is 2-3 weeks. Anything above that is something else. You could argue that residing in Canada for tax purposes as well as health care is anything more than 6 month a year but immigration will have already cancelled your application at that point and it will delay your case by months and there is no guarantee that you would win that appeal even if you try it.

Therefore, if you want to visit your spouse, make sure you go for no more than 3 weeks and make sure someone is checking your mail and messages while you are gone. Some people have gone to stay with their spouse after stage 1 and gotten away with it. Others were caught and lost their applications. Personally, I would not take the risk. You do not lose your PR if you lose your application as long as you meet the RO but you would have to return to Canada and re-do the sponsorship application from scratch.
 

MANOFGOD

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May 22, 2013
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Leon,
Please what of our case?My wife is a Canadian and she came on visit after the approval of stage 1 and spent 7weeks with me in Ukraine.My file is still in process.I hope it is not going to affect us...???
 

Leon

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MANOFGOD said:
Leon,
Please what of our case?My wife is a Canadian and she came on visit after the approval of stage 1 and spent 7weeks with me in Ukraine.My file is still in process.I hope it is not going to affect us...???
If she is back in Canada now, they probably did not catch her and you should be ok. If she didn't go back to Canada yet, she should go back now before they catch her.
 

MANOFGOD

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May 22, 2013
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Leon,
She is back since August 27,now we discovered she is pregnant.Should we forward the medical report that she is pregnant to my application office to hasten my application or what advice can you offer me?Or I shld not even mention that in my interview if asked because the copy of her ticket and some other places we went to are still wt me as evidences of continuity of our relationship...Please advise me!!!
 

Leon

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You can try updating your visa office that she is pregnant but I am sure they will have a lot of people waiting after the strike so you should not get your hopes up too much that it will speed up your application. Still, doesn't hurt to ask.
 

realismsleeve

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It seems unusual that CIC would just cancel an application if the sponsor was outside Canada, there must be more to the story such as those people working abroad etc rather than just visiting. If anyone PR has visited their spouse whilst sponsorship was processing please can you let me knwo how many weeks you went for. Thankyou
 

tom_from_sk

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Oct 24, 2014
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I had asked on the forum last fall about a similar topic. After my fiance (US citizen) and I (Canadian citizen) get married this summer we are planning to apply and then go on a 2.5 week trip to Europe and a 3.5 week trip to Asia. The comments from last fall were that there was nothing to worry about if we were going on our honeymoon together while waiting. Is this a problem? We will be traveling together and taking my vacation leave from work while she is unable to work.
 

Gango is waiting

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Jaya1985 said:
Hi ,

Anybody Spouse - Sponsor Application rejected when Sponsor - leaving canada after sponsorship approved but 2nd stage Application in Progress?

How long Sponsor can be out side of canada when Sponsorship Application in Progress?

hi your husband can stay there as long as he can but then your husband should show enough financial once they are going to grant you the visa ... it was happened to me my husband was here twice every year and around 3-4-6-8 months every time and also it took about 4 1/2 years for many reasons to grant my visa ... but in the last once they were going to grant my visa my husband was here for around 8 months and also with some default with FMEP.... then we were refused.... but we won (we showed enough financial) ... so i dont ask you to keep your husband for three months within the 2nd stage of process because if they will be going to grant your visa when your husband is not being in canada ?? will be a problem... so, careful....
 

MilesAway

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Canadian citizens are allowed to sponsor from outside Canada, as long as they prove their intent to return to Canada. PRs must reside in Canada throughout the process.
 

realismsleeve

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MilesAway said:
Canadian citizens are allowed to sponsor from outside Canada, as long as they prove their intent to return to Canada. PRs must reside in Canada throughout the process.
Yes, however a PR can be residing in Canada and visit their spouse for a holiday, the question alot of PR's have is how long is acceptable, most seem to think 2- 3 weeks. I ma trying to get information from PR's who have done this and how long they went for, I dont believe CIC will suddenyl cancel an application in stage 2 because a PR leaves Canada.
 

MilesAway

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realismsleeve said:
Yes, however a PR can be residing in Canada and visit their spouse for a holiday, the question alot of PR's have is how long is acceptable, most seem to think 2- 3 weeks. I ma trying to get information from PR's who have done this and how long they went for, I dont believe CIC will suddenyl cancel an application in stage 2 because a PR leaves Canada.
No, they don't instantly cancel the application, but there have been several cases where the application was refused, and they had to appeal. I think anything over 3 weeks might be pushing it.