PR in process, PA having to leave Canada for 2 weeks

[MGE]

Hello,

I am sponsoring my husband for his PR, application has been submitted and is in progress. He entered Canada with a TRV in May 2022 and had an approved visa extension for 6 more months. He has to leave Canada due to a medical urgency related to an old surgery as he does not have OHIP here yet and my private insurance will not cover him until he is OHIP eligible first. He was planning on leaving to go to our home country from May 3 until May 15 for tests and possible treatment. His TRV expires on June 24, 2023. I understand that ultimately, it will be decision of the officer if he re-enters or not, but generally, is there any trouble with someone entering the country with a TRV close to expiry? I assume upon entry he will have to declare that he is living here with me and that his application is in process?

Thanks in advance!

 

[Ponga]

Hello,

I am sponsoring my husband for his PR, application has been submitted and is in progress. He entered Canada with a TRV in May 2022 and had an approved visa extension for 6 more months. He has to leave Canada due to a medical urgency related to an old surgery as he does not have OHIP here yet and my private insurance will not cover him until he is OHIP eligible first. He was planning on leaving to go to our home country from May 3 until May 15 for tests and possible treatment. His TRV expires on June 24, 2023. I understand that ultimately, it will be decision of the officer if he re-enters or not, but generally, is there any trouble with someone entering the country with a TRV close to expiry? I assume upon entry he will have to declare that he is living here with me and that his application is in process?

Thanks in advance!

Is his TRV a single entry, or multiple entry (suspect the former)?

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=527

Single-entry temporary resident visa
If you have a single-entry temporary resident visa, you will generally need a new single-entry visa to come back to Canada.

• You can request to return to Canada on your original single-entry temporary resident visa, if:
  • you will only visit the U.S. or St. Pierre and Miquelon; and
  • you will return to Canada before the end of your approved stay in Canada

[Sounds like the U.S. is not his home country, so the above may not even apply]


Multiple-entry temporary resident visa

• Yes, you can come back to Canada, if you have a multiple-entry temporary resident visa and it has not expired.

---


Did you submit an Inland (SCPLC) application? If so, even though it is a requirement for him to be in (and remain in) Canada during the process, he is allowed to leave for what IRCC considers `short' absences. The problem is...IRCC has never defined what that really means. However, this is from the Guide (IMM5289):
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html


Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker.
If your spouse or common-law partner leaves Canada before becoming a permanent resident, they may not be allowed to come back. This is especially true if they need a Temporary Resident Visa or an eTA to enter Canada.


If your spouse or partner can’t return to Canada, you must submit a new overseas sponsorship application.
---

As always, I recommend waiting for others to comment, since I am by no means absolutely certain with my comments.

Good luck to him regarding his medical issue!

 

[armoured]

His TRV expires on June 24, 2023. I understand that ultimately, it will be decision of the officer if he re-enters or not, but generally, is there any trouble with someone entering the country with a TRV close to expiry?

Unlike most other countries, the dates shown on Canadian TRVs are 'valid for entry' until (last date shown). So generally, there is not a problem entering with one close to expiry. [Note, my understanding is that there are some exceptions - i.e. some visas that are not valid for entry until, but they are different types and the recipients would know about it - things like visas for official visits issued to diplomatic/service passport holders.]

Note, I'm ONLY commnenting about the the date issue here, don't know the situation with respect to others aspects.

 

[Simba112]

Hello,

I am sponsoring my husband for his PR, application has been submitted and is in progress. He entered Canada with a TRV in May 2022 and had an approved visa extension for 6 more months. He has to leave Canada due to a medical urgency related to an old surgery as he does not have OHIP here yet and my private insurance will not cover him until he is OHIP eligible first. He was planning on leaving to go to our home country from May 3 until May 15 for tests and possible treatment. His TRV expires on June 24, 2023. I understand that ultimately, it will be decision of the officer if he re-enters or not, but generally, is there any trouble with someone entering the country with a TRV close to expiry? I assume upon entry he will have to declare that he is living here with me and that his application is in process?

Thanks in advance!

While entry is Border officer's decision at POE, but there is no problem to re-enter close to the expiry date. I picked friend of mine last week whose TRV will expire May 2023 but have PR Application in process.

 

[Simba112]

While entry is Border officer's decision at POE, but there is no problem to re-enter close to the expiry date. I picked friend of mine last week whose TRV will expire May 2023 but have PR Application in process.

Thats correct,

 

[Ponga]

While entry is Border officer's decision at POE, but there is no problem to re-enter close to the expiry date. I picked friend of mine last week whose TRV will expire May 2023 but have PR Application in process.

Was your friend's TRV a Multiple-entry TRV?

 

[Simba112]

Was your friend's TRV a Multiple-entry TRV?

Yes, It was multiple entry.

 

[MGE]

Thanks your responses!

We are absolutely aware that the ultimate decision will be made by the officer at the POE and know we are risking him not being able to re-enter Canada and having to re-submit his application as outland sponsorship. Unfortunately for us, it is not an option for him to be in pain and limited until IRCC makes a decision on his file (or he gets an OWP, whatever comes first).

Just to add since it has been asked: He has a multiple entry visa.