Have you left Canada after an (in-Canada) spousal application was filed? Persons who have filed an in-Canada spousal sponsorship are expected to reside in Canada until their permanent resident status is granted. The IRCC website states in categorical terms,
There is no guarantee that foreign nationals who have left Canada after submitting an application under the Spouse or Common-law Partner in Canada class will be allowed to return to or re-enter Canada. If they are unable to do so, their application for permanent residence may be refused because they are not cohabiting with their spouse or common-law partner at the time the case is finalized [R72(1)(d) and R124(a)].
It may be appropriate to counsel applicants who are outside Canada to withdraw their spouse or common-law partner in Canada class application and have the sponsor submit a new Application to Sponsor, Sponsorship Agreement and Undertaking to the CPC-Mississauga (CPC-M).
The immigration authorities may doubt the genuineness of a relationship if the couple is not residing together. However, if the applicant is travelling outside of Canada together with his/her Canadian sponsor, with proof that Canada is their home, there may be some flexibility in the above government website excerpt.
By contrast, if an applicant is travelling outside for a lengthy period of time without her/his Canadian sponsor, there may be a concern that the above regulations have been flouted leading to the refusal of their application.
Outside or Inside of Canada Sponsorship?
Some forethought is needed when determining if an in-Canada spousal sponsorship is preferable to filing an outside of Canada sponsorship. You may want to weigh the advantages and disadvantages of filing an in-Canada spousal or common law application. Those applicants with a need to travel outside of Canada may want to opt for the outside of Canada sponsorship. The disadvantage is that less evidence of residing together can be accumulated (unless the Canadian citizen sponsor of the spouse travels with the applicant until the applicant acquires permanent resident status)
If you have some concern regarding your in-Canada spousal application, contact Chaudhary Law Office.
Max Chaudhary
With over 30 years of experience, Moin (Max) Chaudhary is the founder and principal of Chaudhary Law Office — a distinguished Barrister & Solicitor holding a B.A. and J.D. A proud Toronto, Ontario native, he has built a strong and trusted reputation in the field of immigration law. A prolific author and sought-after lecturer, Max is regularly retained by the media, fellow immigration lawyers, and consultants alike for his insight on complex immigration matters, appeals, and Federal Court cases. He has served on the Executive of the Ontario Bar Association and served at Chair from 2025 to 2026.
Am looking for spousal visa
Hello you may want to formally consult with us, particularly if you have a Canadian sponsor.
I am a Permanent Resident and have sponsored my spouse for PR through Inland Spousal Sponsorship Application. She arrived Canada on a Visitor Visa and has received her Open Work Permit and Work TRV.
She wants to visit India for 2 weeks in October/November 2020. She has to travel alone and I can’t accompany her.
Do you think it’s a good idea for her to travel during these COVID-19 times, and travel alone?
Please guide.
Thanks,
Soumiel
Hello, can I have your e-mail address for further inquiries?
Hello, I received your query and answered you – you can also use max [at] chaudharylaw.com .
Hello please contact us via email to max [ at ] chaudharylaw.com .
If I submit an outland spouse sponsor ship. Should I stay in canada until the application is processed or can i go and stay with my spouse until the application is processed. I am a PR.
Bhavani, we can’t advise with any precision (not enough facts), but if you and your wife comply with the obligations under s.28 of Immigration Refugee Protection Act, s.39 of Immigration Refugee Protection Act , and R4 of Immigration Refugee Protection Regulations you’ll have less delay and/or hassle from the immigration department.
Hello sir / madam
I have a temporary resident form from IRCC & valid ETA with a work permit .. I’m waiting for my first time PR card which I’ve applied .. I need to travel asap to visit my sick father .. will I be able to enter Canada ? I’m travelling with my Canadian husband & we got married in Canada . Also I’m a British citizen
My ETA is linked to my passport & says I can use this for re entering Canada
Thanks for your help
Hello, to help preserve confidentiality please email your question to clerk@chaudharylaw.wpenginepowered.com, thank you.