Spouse stuck in India (Inland application)

[Navleen Kaur]

Hi,
My husband’s work permit expired in December 2022. We applied for spousal sponsorship
In October and had to go to India due to a family emergency. He got his PR approved while we were in India but he doesn’t have a stamp to travel to Canada. I came to Canada in Feb 2023 and he is stuck in India.
Wee called, sent emails to IRCC, submitted a webform.No response. Any suggestions as to what our next step should be??
All suggestions appreciated!!

 

[Navleen Kaur]

@legalfalcon

 

[YVR123]

I don't think there is an easy solution. Does he has a TRV to travel back to Canada?
If "he deson't have a stamp to travel to Canada" means he travelled out of Canada knowing that he doesn't have a TRV to come back to Canada, it means that he is abandoning his inland application.
His inland application can only be approved while he is inside Canada.

 

[Navleen Kaur]

We applied for an open work permit alomg with the application, but never got that. The application is already approved.

 

[scylla]

We applied for an open work permit alomg with the application, but never got that. The application is already approved.

How was he planning to return to Canada when he left originally? An OWP does not allow someone to re-enter Canada. If he hasn't aleady applied for a TRV, I would recommend he do that.

 

[YVR123]

We applied for an open work permit alomg with the application, but never got that. The application is already approved.

An open work permit doesn't give the holder entry to Canada. It's not a "visa".

 

[Navleen Kaur]

We were planning on applying for TRV once we get the OWP.

 

[YVR123]

We were planning on applying for TRV once we get the OWP.

Getting the TRV is the only way he can come back to Canada and to continue the inland application.

 

[canuck78]

We were planning on applying for TRV once we get the OWP.

Given he has been outside of Canada for so long the OWP shouldn’t be approved because his inland application should be under question. The bigger issue is that his inland application is at risk since he was supposed to remain in Canada during the processing. As others have pointed out that doesn’t solve the TRV issue. Assume he has stopped working for his Canadian employer unless he is being employed as someone living in India.


DI’d he get his PR approved in December or do you mean he got his AOR for his inland spousal sponsorship while you were in India? Very different situations.

 

[Navleen Kaur]

Given he has been outside of Canada for so long the OWP shouldn’t be approved because his inland application should be under question. The bigger issue is that his inland application is at risk since he was supposed to remain in Canada during the processing. As others have pointed out that doesn’t solve the TRV issue. Assume he has stopped working for his Canadian employer unless he is being employed as someone living in India.


DI’d he get his PR approved in December or do you mean he got his AOR for his inland spousal sponsorship while you were in India? Very different situations.

He got his PR in January.

 

[canuck78]

He got his PR in January.

Don’t think he has landed. Normally they will ask if you are in Canada to have virtual landing. This is one of the issues.

 

[YVR123]

He got his PR in January.

He would have gotten his PR if he stayed in Canada and continue with virtual landing on the portal.

 

[A1969]

Hi,
My husband’s work permit expired in December 2022. We applied for spousal sponsorship
In October and had to go to India due to a family emergency. He got his PR approved while we were in India but he doesn’t have a stamp to travel to Canada. I came to Canada in Feb 2023 and he is stuck in India.
Wee called, sent emails to IRCC, submitted a webform.No response. Any suggestions as to what our next step should be??
All suggestions appreciated!!

When they approve PR, they affix a sticker visa on the Passport, this sticker is valid for only for one-time entry. In some countries, it doesn't apply, but in India, it applies.