Clarification on leaving CA while PR process is pending

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Pheonix

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Clarification on leaving CA while PR process is pending
« on: March 22, 2017, 04:08:30 PM »
Hi, there. I've been reading up on this on the internet, and the answers vary, so I thought I might get some clarity here. I'm a US citizen, and my husband is a PR in Canada. Currently, we're living together (me under visitor status for 6 months) in Canada. We got married way after his PR status was approved. We have a few weddings to go to abroad starting in May and thought to start the paperwork on the inland spousal sponsorship since we'll be out of the country for about 5 months. My questions are as follows:

1) First of all, there is an implied status for those awaiting their inland sponsorship application to go through, correct? My understanding is that I could stay in CA for two years with no issues, since that's how long it typically takes for the process.

2) Is there an issue (whether it's actually prohibited or simply a bad idea) for me to leave the country while the application is going through and then to come back in? I don't know if that can affect the application. And I'm not sure if I'd have problems at the border. "How long are you staying?" "Oh, pretty much two years until they give me an answer." -- I don't see that going well with the border agents, but perhaps that's just my impression.

3) I read somewhere (another forum or perhaps a gov website) that the PR is required to stay in Canada during the PR sponsorship process. The longer the PR stays outside Canada, the more chances application gets denied. Is this even true, if you know?


Thank you so much to anyone who can offer some help.

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Riley Haas

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Re: Clarification on leaving CA while PR process is pending
« Reply #1 on: March 22, 2017, 04:55:27 PM »
Hi,
Let me try to answer your questions:
Quote
1) First of all, there is an implied status for those awaiting their inland sponsorship application to go through, correct? My understanding is that I could stay in CA for two years with no issues, since that's how long it typically takes for the process.
So, first off, processing time is officially down to 1 year, supposedly. I am not sure if the government is meeting that standard, but that's the goal.
Generally, anyone sponsored inland can stay in the country while the application is in process and they're fine. The issue is when they travel. You are an American citizen and so your situation (not requiring a visa to come to Canada) is a little different.

Quote
2) Is there an issue (whether it's actually prohibited or simply a bad idea) for me to leave the country while the application is going through and then to come back in? I don't know if that can affect the application. And I'm not sure if I'd have problems at the border. "How long are you staying?" "Oh, pretty much two years until they give me an answer." -- I don't see that going well with the border agents, but perhaps that's just my impression.
Yes, it's always an issue for people traveling abroad while being sponsored, when they travel alone. To my knowledge, trips taken by the couple together are looked upon much more favourably then trips the sponsored spouse makes alone.
You also don't need to file a visa application so all you have to do is speak to the border officer. If you are actually going to be in the US for 5 months (and if you submit the application before you take this trip to the US) then you could legitimately say, upon your return to Canada, we are waiting for our inland sponsorship application to be approved, and it should be approved in about 7 months, based on the state timelines. Or something to that affect. That sounds better than 2 years.

Quote
3) I read somewhere (another forum or perhaps a gov website) that the PR is required to stay in Canada during the PR sponsorship process. The longer the PR stays outside Canada, the more chances application gets denied. Is this even true, if you know?
This is not true exactly. We always recommend the sponsor apply for sponsorship from within Canada. Once the application is submitted, there are no requirements on the sponsor to stay in Canada. However, if the both of your spent the entirely of the application process in the United States and IRCC somehow found out about that (remember: IRCC and the border guards - CBSA - are not the same government agency) then yes, I think there's a good chance that it could affect the application. IRCC might wonder if you really do intend to live in Canada.

I hope this clarifies your situation.

 

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