Please help :Travel while Inland spousal sponsorship in process.

[Jaspindersingh4612]

Hi , i need advice regarding travel to India while my canada class spousal sponsorship is in process.

1. Currently i am on my restoration period but have valid TRV till 2029 for travel.
2. If yes to travel, will i be entered as visitor and is it going to make any impact on my Pr application.

 

[thanhtam23]

I do not recommend to travel at this point.

1. What was the status that you're restoring? In any case, you must remain in Canada until a decision is made.
2. No to travel as per #1. But by any chance if you don't need your status to be restored, you can travel then enter as visitor with your valid TRV.

 

[Jaspindersingh4612]

I do not have any option to restore my status, as i was on pgwp which got expired. I was married to pr spouse so i thought to submit my pr application under that.
But as i said there is no option to restore status according to rules i must leave country. And this what i am thinking to re enter as visitor after because my spouse needs me to live with her and help her in household activities .

 

[armoured]

I do not have any option to restore my status, as i was on pgwp which got expired. I was married to pr spouse so i thought to submit my pr application under that.
But as i said there is no option to restore status according to rules i must leave country. And this what i am thinking to re enter as visitor after because my spouse needs me to live with her and help her in household activities .

Do not leave unless you are CERTAIN this is the best option. And I do not think it is.

First, if you leave and do not have a visa to re-enter, you will probably be refused (because you already overstayed). If so, you can and likely will have your application refused because no longer in Canada - meaning you will have to re-apply as outland from outside Canada. (And will be separated from your spouse even longer)

Second, there is a specific policy that (as I understand) basically means that you being out of status will not cause a problem to your application. And I believe in MOST cases CBSA will delay taking any actions to remove (deport) you, unless there is some other issue like criminality.

The policy is here (I think):
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html

I'm not an expert. Speak to a professional - a lawyer, not a consultant - if you need better help with this. It may just amount to a consultation saying you'll probably be okay.

 

[Jaspindersingh4612]

Do not leave unless you are CERTAIN this is the best option. And I do not think it is.

First, if you leave and do not have a visa to re-enter, you will probably be refused (because you already overstayed). If so, you can and likely will have your application refused because no longer in Canada - meaning you will have to re-apply as outland from outside Canada. (And will be separated from your spouse even longer)

Second, there is a specific policy that (as I understand) basically means that you being out of status will not cause a problem to your application. And I believe in MOST cases CBSA will delay taking any actions to remove (deport) you, unless there is some other issue like criminality.

The policy is here (I think):
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html

I'm not an expert. Speak to a professional - a lawyer, not a consultant - if you need better help with this. It may just amount to a consultation saying you'll probably be okay.

I have valid V1-multiple entry visa stamped on my passport . That i got, after my pgwp came in. So basically that allows me to travel.
I also need to visit home country because my family member is not well .

 

[thanhtam23]

well, i second to @armoured, do not leave the country at this point if you don't want to risk your application
in theory, your visa is valid for you to travel but we never know what will happen at the border

 

[scylla]

I have valid V1-multiple entry visa stamped on my passport . That i got, after my pgwp came in. So basically that allows me to travel.
I also need to visit home country because my family member is not well .

The V1 does not guarantee re-entry. You can leave Canada but it's up to CBSA if you are allowed back in.

 

[Ponga]

I have valid V1-multiple entry visa stamped on my passport . That i got, after my pgwp came in. So basically that allows me to travel.
I also need to visit home country because my family member is not well .

Yes, it may allow you to TRAVEL, but it does not guarantee you will be allowed to ENTER Canada. With your current overstay, you could very well be on CBSA's `radar', because of their `overstay monitoring' system that's been in place for a few years:

https://vancouversun.com/opinion/columnists/douglas-todd-new-exit-controls-will-help-seal-canadas-leaky-borders
Proper exit controls will increase the likelihood officials catch home-grown terrorists, people who overstay their visas and individuals who illicitly take advantage of government services.

Canada is on the verge of joining other advanced countries by putting in “exit controls” at its borders, which means officials will have a greater chance to catch criminals and homegrown terrorists, temporary workers who overstay their visas, mobile people who illicitly take advantage of government services and migrant home owners trying to avoid the foreign buyers tax.


The CBSA’s attempt to crack down on migrants who overstay their legal welcome potentially applies to the more than three million people who have obtained Canada’s 10-year visitor visas, as well as to the more than 500,000 international students. Time restrictions also apply, at least on paper, to temporary foreign workers in Canada, 340,000 of whom arrived in 2018 alone.


https://www.cbsa-asfc.gc.ca/agency-agence/reports-rapports/ae-ve/trp-pst/findings-constatations-eng.html

However...I found this, near the bottom of the page:

Entry/Exit data was designed to determine overstay, but current limitations with this function further limit the agency's ability to monitor overstay.

 

[armoured]

I have valid V1-multiple entry visa stamped on my passport . That i got, after my pgwp came in. So basically that allows me to travel.
I also need to visit home country because my family member is not well .

Only you can decide. But as others have noted, having the visa does NOT guarantee you re-entry, particularly after an overstay.

I would still not recommend but it is your choice.