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Travelling for 2 months while waiting for inland PR decision

dnfire17

Newbie
Jun 2, 2024
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I've been trying to figure out if we can travel or not for several days without concrete answers.

We applied July of last year for PR under the inland common law sponsorship program. We are still waiting for the background check to finish.

At this point though it's been a long time and we would like to travel to her home country for vacation before getting married this summer.

She currently has a valid LMIA until october (even though she did quit her job).

Are we allowed to travel together for 2 months? I called IRCC and they said that we can we just need to send a webform letting them know we're travelling and to not send the PR approval while we are away (as it would void any visas or other current documents). But online a lot of people are saying not to travel or that she might not be let back into canada.

Also is there a difference if maybe we returned via plane to a nearby city and then took a bus over the border?

Thanks for any answers.
 

Ponga

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Oct 22, 2013
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I've been trying to figure out if we can travel or not for several days without concrete answers.

We applied July of last year for PR under the inland common law sponsorship program. We are still waiting for the background check to finish.

At this point though it's been a long time and we would like to travel to her home country for vacation before getting married this summer.

She currently has a valid LMIA until october (even though she did quit her job).

Are we allowed to travel together for 2 months? I called IRCC and they said that we can we just need to send a webform letting them know we're travelling and to not send the PR approval while we are away (as it would void any visas or other current documents). But online a lot of people are saying not to travel or that she might not be let back into canada.

Also is there a difference if maybe we returned via plane to a nearby city and then took a bus over the border?

Thanks for any answers.
While it is true that some Inland applicants have had no problem re-entering Canada, they likely were NOT away for 2 months!

There is no guarantee (even from the`very helpful' people that answer the calls @ IRCC) that the CBSA officer that she encounters upon your return to Canada will allow her to re-enter; Traveling to Canada, versus ENTERING Canada are completely different parts of your puzzle. Having reached the AIP stage (if she has) may increase her chances, but it's still not a guarantee!

No, there is no difference in taking a bus across the border because, again, it's a matter of the CBSA officer deciding if she is admitted to Canada. It IS true that a PR without a valid PR Card may only be able to enter at a land PoE, because commercial carriers require the PR Card for `travel', though U.S, citizens are usually excluded from their requirement.


Since you applied ~ 6 months ago, I encourage you [both] to just wait until she becomes a PR...then travel to your hearts' content!
 

canuck78

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Jun 18, 2017
56,718
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While it is true that some Inland applicants have had no problem re-entering Canada, they likely were NOT away for 2 months!

There is no guarantee (even from the`very helpful' people that answer the calls @ IRCC) that the CBSA officer that she encounters upon your return to Canada will allow her to re-enter; Traveling to Canada, versus ENTERING Canada are completely different parts of your puzzle. Having reached the AIP stage (if she has) may increase her chances, but it's still not a guarantee!

No, there is no difference in taking a bus across the border because, again, it's a matter of the CBSA officer deciding if she is admitted to Canada. It IS true that a PR without a valid PR Card may only be able to enter at a land PoE, because commercial carriers require the PR Card for `travel', though U.S, citizens are usually excluded from their requirement.


Since you applied ~ 6 months ago, I encourage you [both] to just wait until she becomes a PR...then travel to your hearts' content!
The bigger issue is that if IRCC finds out you are abroad for 2 months they can deny the application and you’ll need to apply again.
 

dnfire17

Newbie
Jun 2, 2024
6
0
Would they? When I called the support center 2 different times the people said it's fine to leave for them. Only issue could come if CBSA doesn't allow her back in canada.
 

thanhtam23

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Nov 27, 2023
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Would they? When I called the support center 2 different times the people said it's fine to leave for them. Only issue could come if CBSA doesn't allow her back in canada.
just leave then, why do you have to ask if you have called them?
if you need opinion, i'd say don't leave and put your application at risk
 

dnfire17

Newbie
Jun 2, 2024
6
0
just leave then, why do you have to ask if you have called them?
if you need opinion, i'd say don't leave and put your application at risk
I'm just trying to get a consensus since people seem to be saying different things, I'd like to get info on why people think that it is allowed or not.
 

thanhtam23

Hero Member
Nov 27, 2023
335
125
Category........
FAM
Visa Office......
Mississauga
App. Filed.......
12-10-2024
Doc's Request.
14-11-2024
AOR Received.
08-11-2024
Med's Request
22-11-2024
Med's Done....
04-01-2025
no one say it's not allowed, but as you said yourself it's up to CBSA to decide if she can enter Canada
and if they decided not to, her application will be cancelled
after all, it's only a risk, no one can really tell for sure
2 months is high risk in my opinion
 

canuck78

VIP Member
Jun 18, 2017
56,718
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Would they? When I called the support center 2 different times the people said it's fine to leave for them. Only issue could come if CBSA doesn't allow her back in canada.
The IRCC customer service line can not provide you with legal advice. Also often are wrong because they are customer service agents not immigration lawyers or consultants.
 

canuck78

VIP Member
Jun 18, 2017
56,718
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no one say it's not allowed, but as you said yourself it's up to CBSA to decide if she can enter Canada
and if they decided not to, her application will be cancelled
after all, it's only a risk, no one can really tell for sure
2 months is high risk in my opinion
The bigger issue is that you are required to remain in Canada to qualify for inland sponsorship. There does seem to be some flexibility for short trips but 2 months is not a short trip. If people want to travel they should apply Outland even if in Canada.
 

Ponga

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Oct 22, 2013
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I'm just trying to get a consensus since people seem to be saying different things, I'd like to get info on why people think that it is allowed or not.
You're asking the impossible. :rolleyes:

BOTTOM LINE IS THIS...You won't know until you start your interaction with the CBSA officer, period!
 

Ponga

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Oct 22, 2013
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https://www.canadavisa.com/inland-spousal-common-law-partner-sponsorship.html

It is generally expected that Inland sponsorship applicants will remain in Canada while their application is being processed. If the spouse or common-law partner does not plan to stay in Canada or needs to be able to travel outside the country while the application is being processed, Outland sponsorship may be a better option.
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https://dfimmigration.ca/2021/06/09/can-i-leave-canada-after-applying-for-inland-spousal-sponsorship/

One of the most common questions that I get asked is whether the sponsor, or the principal applicant, or both can travel outside of Canada after an In-Canada Class (Inland) spousal or common-law sponsorship application has been submitted.


The answer is YES! Either the sponsor or applicant for PR, or both of you can leave Canada after the application is submitted. However, there are several important caveats and considerations.

You still need to ensure that you reside in Canada together with your sponsor throughout the duration of the processing of the application until the final decision is made, however you are allowed to leave Canada periodically and for short periods of time for vacations, family visits, business trips, etc. If you are travelling outside Canada, you are allowed to leave on your own or together with your sponsor. If you are traveling with your sponsor, it is recommended to enter Canada together through the “non-Canadians” line at the airport.

So unless you can magically decipher what the part in green translates to...I suggest you not leave for 2 months.

Then, there's this:
How Long Can I Be Away From Canada During Inland Sponsorship?

Unlike the residency obligation for people who are already permanent residents/landed immigrants in Canada, there is no number of days that applicants for inland sponsorship are required to remain in Canada per year while their application is in process. What this means is that how much time you need to remain in Canada is at the discretion of the Canada Border Services Officer who is determining whether to allow you back into Canada, as well as at the discretion of the immigration officer who is making the decision on your sponsorship application and will know how long you were gone.


Since there is no set number of days you need to be in Canada, your best bet is to simply do the right thing and act in good faith, which goes very far with both CBSA and immigration officers. During processing of an Inland sponsorship application, we generally recommend that our clients not travel outside Canada more frequently than 4 times per year, for 2 – 4 weeks at a time, which is approximately the time that someone would normally spend on holiday. During processing, we recommend that our clients do not:


  1. Travel home to stay with family for long periods of time, or too frequently
  2. Fly to Las Vegas, the Caribbean, or other close yet international destinations every weekend
  3. Travel without the other half of the couple (sponsor or principal applicant) frequently or for long periods of time
  4. Do anything else that may make it appear that sponsor and spouse do not live in Canada together

If these conditions are too restrictive for your personal circumstances, it may be in your best interest to apply for sponsorship under the Family Class (Overseas), which will allow you to travel outside Canada as frequently as you like.


Never lose sight of the fact that 1. it is a privilege, not a right, for any person who is not a Canadian citizen or permanent resident to enter Canada, and 2. CBSA does not have to re-admit the principal applicant to Canada. If the principal applicant were to be trapped outside Canada, or if IRCC determined that either the sponsor or the applicant did not meet the eligibility requirements at any time during processing (see above), the In-Canada sponsorship application would be refused.