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travelling out of Canada during common law spouse inland sponsorship in progress

lauris17

Full Member
Mar 15, 2016
42
0
Hi there , Guys please advice . My partner application is in process right now . She wants to travel back home for about a month for Christmas. Is it OK for her to travel as her common Law inland sponsorship application is in process. Would it impact on application process? Well I m sponsor and I m not going with her . Looking suggestions and opinion from experienced readers .
 

scylla

VIP Member
Jun 8, 2010
95,880
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
She's technically supposed to remain in Canada for the duration of application processing.

If she leaves and for any reason isn't allowed back into Canada when she returns, this will effectively cancel her inland application and you'll have to start the process from scratch using the outland application method.

Many people are successful in leaving and returning. However there is always some risk.
 

lauris17

Full Member
Mar 15, 2016
42
0
Hi Scylla, kindly thanks for reply . She has open work permit for 2 years and same validity of Canadian visa to enter. Whats your suggestion for now ??
 

scylla

VIP Member
Jun 8, 2010
95,880
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
lauris17 said:
Hi Scylla, kindly thanks for reply . She has open work permit for 2 years and same validity of Canadian visa to enter. Whats your suggestion for now ??
Same answer. Neither the open work permit nor the TRV guarantee re-entry.
 

profiler

VIP Member
Aug 10, 2016
9,456
2,846
Category........
Visa Office......
CPC-Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
02-MAR-2016
AOR Received.
13-MAY-2016
IELTS Request
Upfront
Med's Request
Upfront; Passed
Interview........
Waived
LANDED..........
05-MAY-2017
lauris17 said:
Hi Scylla, kindly thanks for reply . She has open work permit for 2 years and same validity of Canadian visa to enter. Whats your suggestion for now ??
As scylla stated, you both should remain in Canada. Short trip outside may be tolerated (less than if the sponsor was a citizen instead of PR). CIC can refuse the application if the sponsor (PR if I recall) leaves Canada, the applicant leaves, or lastly if the CBSA denies re-entry at the border. They can refuse for any reason.

So that stated, it's a pretty risky idea...
 

Bcboundboy

Hero Member
Aug 16, 2016
378
29
lauris17 said:
Hi there , Guys please advice . My partner application is in process right now . She wants to travel back home for about a month for Christmas. Is it OK for her to travel as her common Law inland sponsorship application is in process. Would it impact on application process? Well I m sponsor and I m not going with her . Looking suggestions and opinion from experienced readers .


Hi Scylla, kindly thanks for reply . She has open work permit for 2 years and same validity of Canadian visa to enter. Whats your suggestion for now ??
There's a few different things tied up in this. If she has a two year open work permit (IEC?), then that will have printed on the bottom that it doesn't authorise re-entry. This doesn't mean she can't come and go, it simply means she doesn't have a right of entry the way a PR/citizen does.

*If* she is rejected on re-entry, then the application will be deemed abandoned. If she is allowed in, it will likely have no impact.

Many people on open work permits come and go freely. If she has no reason to be rejected at the border, there is likely to be no problem, but anyone can be rejected for any reason if the CBSA officer has concerns about them. So crossing the border isn't risk/consequence free. It is, however, something thousands of people do every day without problems.

You can't be advised on a particular course of action, as it depends entirely on what your situation is (factors affecting re-entry liklihood) and risk tolerance.
 

scylla

VIP Member
Jun 8, 2010
95,880
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Bcboundboy said:
There's a few different things tied up in this. If she has a two year open work permit (IEC?), then that will have printed on the bottom that it doesn't authorise re-entry. This doesn't mean she can't come and go, it simply means she doesn't have a right of entry the way a PR/citizen does.
Pretty sure it's not an IEC but an OWP issued as part of the inland process. IECs are a completely different class of work permits that are generally only available to those from visa exempt countries. OP's wife is non-visa exempt as evidenced by the fact she has a TRV.
 

Bcboundboy

Hero Member
Aug 16, 2016
378
29
scylla said:
Pretty sure it's not an IEC but an OWP issued as part of the inland process. IECs are a completely different class of work permits that are generally only available to those from visa exempt countries. OP's wife is non-visa exempt as evidenced by the fact she has a TRV.
Oh I know, I was more curious than anything - and since OP didn't specifically talk about TRVs/inland work permit, and most people on IEC talk wrongly about their 'visa', there's room for ambiguity :) Either way my final line would've been the same.