I'm a Canadian citizen and have submitted an inland spousal sponsorship application for my wife who was in Canada on a visit visa at the time. We have already received first stage approval. I've come across an opportunity in one of the international offices of my company that I wish to pursue. However, this would mean that both me and my wife will be residing outside of Canada while the inland sponsorship application is being processed. Will this be an issue with CIC?
Question on Inland Spousal Sponsorship Application
- Thread starter maple-syrup
- Start date
You must continue to live (together) in Canada for the duration of the processing.maple-syrup said:
Even though, as a Canadian citizen, you could have sponsored her from outside of Canada, the Inland application requires both sponsor and applicant to remain in Canada (save for short trips outside of Canada).
How would they define "short trips"?
Will they check for all trips taken outside Canada when issuing the PR?
Will they check for all trips taken outside Canada when issuing the PR?
It sounds like your question was asking if the two of you can live outside of Canada...which you cannot.maple-syrup said:
Taking a short trip would be more like a couple of weeks.
IMHO, you'd be asking for trouble if you accept the transfer. If you really want/need to make this career move, you should withdraw the Inland application and apply Outland. This way, you and your wife are free to live abroad during the entire process.
Thanks for the response.
I see your point. Although, applying outland we'll run into other issues e.g. proving that we're returning to Canada eventually etc.
I see your point. Although, applying outland we'll run into other issues e.g. proving that we're returning to Canada eventually etc.
Hi Ponga,
According to inland spousal sponsorship, I've read your response on June 22, 2015 "the Inland application requires both sponsor and applicant to remain in Canada (save for short trips outside of Canada)". Could I ask you any official information to confirm that short trips will be safe to re-enter Canada? Since I tend to apply inland and wish to travel short trips to US or my country, but it seems to be risk of re-enter when leaving Canada. Regarding to CIC, IP 8 Spouse or Common-law partner in Canada Class, it says "Foreign nationals who have left Canada after submitting an application under the Spouse or Common-law Partner in Canada class, are not provided with any guarantees that they will be allowed to return to or re-enter Canada. If they are unable to do so, their application for permanent residence may be refused because they are not cohabiting with their spouse or common-law partner at the time the case is finalized [R72(1)(d) and R124(a)]"
I'm looking forward to receiving your response soon. Thank you
Anh Le
According to inland spousal sponsorship, I've read your response on June 22, 2015 "the Inland application requires both sponsor and applicant to remain in Canada (save for short trips outside of Canada)". Could I ask you any official information to confirm that short trips will be safe to re-enter Canada? Since I tend to apply inland and wish to travel short trips to US or my country, but it seems to be risk of re-enter when leaving Canada. Regarding to CIC, IP 8 Spouse or Common-law partner in Canada Class, it says "Foreign nationals who have left Canada after submitting an application under the Spouse or Common-law Partner in Canada class, are not provided with any guarantees that they will be allowed to return to or re-enter Canada. If they are unable to do so, their application for permanent residence may be refused because they are not cohabiting with their spouse or common-law partner at the time the case is finalized [R72(1)(d) and R124(a)]"
I'm looking forward to receiving your response soon. Thank you
Anh Le
You've answered your own question.lktramanh said:
If an Inland application leaves Canada and is refused re-entry, their Inland application is jeopardized.
It's not that taking short trips outside of Canada is the problem...it is successful re-entry after the trip that cannot be guaranteed.
You're welcome.lktramanh said:
There's nothing that you can submit that will guarantee your re-entry. If you do leave, you will be assessed at the border upon your return by a CBSA officer. If you are successful in convincing him/her that you are NOT living in Canada and that you have an Inland application submitted, your chances would `appear' to be good. If your sponsor has been approved, the chances are probably even a bit higher, but still not guaranteed.
Are you familiar with Dual Intent?
http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp
Hi Ponga
The open work permit for sponsored applicant is a multiple-entry? If yes, can I return Canada with this and your advise of convincing CBSA officer?
I've read your link about Dual intent. The basic understanding is "Dual intent is present when a foreign national who has applied for permanent residence in Canada also applies to enter Canada for a temporary period as a visitor, worker or student". It seems to be not easy to apply temporary work permit and I also do not tend to attend class before decision made (as the tuition fee of international students is much higher compared to local students). Therefore, can I apply for visitor visa with the purpose of waiting for application processing?
Thank you
The open work permit for sponsored applicant is a multiple-entry? If yes, can I return Canada with this and your advise of convincing CBSA officer?
I've read your link about Dual intent. The basic understanding is "Dual intent is present when a foreign national who has applied for permanent residence in Canada also applies to enter Canada for a temporary period as a visitor, worker or student". It seems to be not easy to apply temporary work permit and I also do not tend to attend class before decision made (as the tuition fee of international students is much higher compared to local students). Therefore, can I apply for visitor visa with the purpose of waiting for application processing?
Thank you
Here's a follow up question: Let's say that my inland application is being processed, then I leave Canada for 6 months, then return to Canada and let's assume that I'm allowed to re-enter and have valid status. Will they check my absences from Canada before granting PR? What is the process once a decision is made? Do they call you for an interview or do you just leave the country and re-enter and are granted the PR at entry? Thanks! 
Since it is a requirement for an Inland applicant to, in essence, live in Canada during the processing, you run a serious risk of having your PR denied if you leave for 6 months. You would NOT be granted PR upon re-entry, because all Inland applicants must attend a landing appointment at their local CIC office to land as a PR.maple-syrup said:Here's a follow up question: Let's say that my inland application is being processed, then I leave Canada for 6 months, then return to Canada and let's assume that I'm allowed to re-enter and have valid status. Will they check my absences from Canada before granting PR? What is the process once a decision is made? Do they call you for an interview or do you just leave the country and re-enter and are granted the PR at entry? Thanks!
At the landing appointment/interview, some people have been asked about their most recent exit and re-entry details (if applicable) and if you disclose that you were gone for 6 months, that would probably be a big problem for you.
Nobody really knows what CIC and CBSA share, but IMHO it's not worth the risk.