Travelling out of Canada while sponsoring spouse

[ws87]

I'm sponsoring my spouse from Pakistan and would like to go meet him in September for a few months, would that be a problem? Should I mention that on the application? And does that mean I'm living exclusively out of Canada ? I'm planning to go for 6 months.

 

[scylla]

It depends. If you are a Canadian citizen, go ahead with your plans. If you are a PR, then you can't leave Canada for six months or the sponsorship application will be refused since you are no longer making Canada your primary home. If you are a PR, you should limit your trip to three weeks to avoid putting the sponsorship application in jeopardy.

 

[Awesomeg]

I'm sponsoring my spouse from Pakistan and would like to go meet him in September for a few months, would that be a problem? Should I mention that on the application? And does that mean I'm living exclusively out of Canada ? I'm planning to go for 6 months.

If you are citizen you are OK to go,
as you have to inform about any important change
you need to inform your Visa Office about the change,

they may ask you about your plans to re-establish in Canada,
then get ready with a letter that you will return to your current work,
or any arrangement that you may have to return in 6 months.

If you are permanent resident I would advise you to stay and wait.

good luck


8)

 

[SenoritaBella]

The terms, "Reside in Canada" are not defined anywhere in the Immigration Act. The question is whether a sponsor(who is a PR) has centralised their mode of living in Canada. There are few cases listed below, particularly case #2 and they won their hearing.

In the OP's case, going away for 6 months is risky because he is likely to spend over 183 days outside Canada, which will make him a non-resident for tax purposes, and CIC will likely use this angle to bolster their case.

See this: http://www.irb-cisr.gc.ca/Eng/BoaCom/references/LegJur/Documents/SpoPar_e.pdf

“Resides in Canada” for section 130(1)(b) of the Regulations can be established by
evidence of presence on Canadian soil and involvement in day-to-day activities not requiring
absence abroad.(4) Physical absence from Canada may not constitute an interruption of residence
in Canada.(5) The question is whether a sponsor has centralized their mode of living in Canada.(6)

1) footnote (5): http://www.canlii.org/en/ca/irb/doc/2004/2004canlii56726/2004canlii56726.html?searchUrlHash=AAAAAQANSUFEIFRBMy0xMDU1NgAAAAAB

2) footnote (6): http://www.canlii.org/en/ca/irb/doc/2004/2004canlii56686/2004canlii56686.html?searchUrlHash=AAAAAQANSUFEIE1BMy0wMjQ5MQAAAAAB

Hopefully, this helps clarify things.

It depends. If you are a Canadian citizen, go ahead with your plans. If you are a PR, then you can't leave Canada for six months or the sponsorship application will be refused since you are no longer making Canada your primary home. If you are a PR, you should limit your trip to three weeks to avoid putting the sponsorship application in jeopardy.

 

[ws87]

I'm a canadian citizen sponsoring my spouse in Pakistan. Do I have to inform CIC when I leave?

 

[screech339]

Since you are Canadian citizen, the PR application won't be affected by your leave outside Canada.

 

[Rob_TO]

The terms, "Reside in Canada" are not defined anywhere in the Immigration Act. The question is whether a sponsor(who is a PR) has centralised their mode of living in Canada. There are few cases listed below, particularly case #2 and they won their hearing.

Even if I knew I would win an appeal, I still wouldn't recommend to any PR to travel more than a few weeks outside Canada while sponsoring someone. Getting your app rejected and going to appeals can cause years in delays and thousands in lawyer fees, and should be avoided at all costs.