PRC application, leaving during application
Aug 12th 2010, 10:59 pm
#1
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Joined: Apr 2010
Location: Downtown Vancouver
Posts: 155
PRC application, leaving during application
I applied for my PRC April13th (in Canada, Spouse sponsorship). CIC website says application times upto 8 months but I need to be back in UK by end September.
1. How will this affect my application ?
2. Should I inform CIC that I am leaving for upto 5 months ? (and will there be consequences ?)
3. Is it ok to slip out the country then return in February and hope no one has noticed ?
1. How will this affect my application ?
2. Should I inform CIC that I am leaving for upto 5 months ? (and will there be consequences ?)
3. Is it ok to slip out the country then return in February and hope no one has noticed ?
Aug 12th 2010, 11:39 pm
#2
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Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: PRC application, leaving during application
Inland (In Canada) applications are for spouses and other family members who wish to remain in Canada whilst the process goes through.
An Inland application does not appear to the right choice for you.
Yes, there are consequences.
Should you be refused re-entry by IO's at the port of entry, your application will be nul and void as you must be in Canada in order to gain your PR status if you make an inland application. As an Inland applicant, there are also no appeal rights should your application be refused (which it will be if you are not in Canada at the time PR is granted) and you will lose your processing fees, apart from the RPRF.
It will be seen by CIC that you have left the country and re-entered, there is no "slipping in and out".
You may be able to go overseas for a short period of time (such as in an emergency for 2 weeks) and then return, even then people are realistically concerned that they may be refused re-entry.
You say you will be overseas for 5 months, that really isn't what an Inland Application is all about.
If you wish to leave the country, I strongly suggest you withdraw your application and make an application outland before processing starts - or alternatively, request that it is transferred to the overseas office.
Read: IP8 http://www.cic.gc.ca/english/resourc...p/ip08-eng.pdf
A foreign national meets the membership requirements of the spouse or common-law partner in Canada class [R124]
• if they are the spouse or common-law partner of a sponsor (as defined in R130) and cohabits with that sponsor in Canada;
5.28. Applicants who leave Canada before a final decision is taken on their application for permanent residence
An applicant’s departure from Canada after the application is stamped as received or after assessment of eligibility for membership in the spouse or common-law partner in Canada class may affect their ability to become a permanent resident.
A foreign national becomes a permanent resident, if following an examination, it is established that they meet the selection criteria and other requirements applicable to that class as per R72(1)(d).
Foreign nationals are not provided with any guarantees that they will be allowed to return to or reenter 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 therefore be appropriate to counsel applicants who are outside Canada to withdraw their spouse or common-law partner in Canada class application and submit a new application for a permanent resident visa to the CPC-Mississauga (CPC-M).
10.1. Assessment of relationship
The applicant must be the spouse or common-law partner of the sponsor and living with the sponsor as per R124. Excluded relationships are listed in R125.The application kit requires that applicants submit certain documents as proof of the relationship. Officers must also be satisfied that the applicant is living with the sponsor in Canada. The following table indicates the type of evidence that is acceptable.
One of the eligibility criteria in R124 is cohabitation with the sponsor in Canada.
Documents provided as proof of the relationship should also establish that the spouse or common-law partner and the sponsor are living together. If his is not clear from the evidence available, the CPC-V should request further ocuments or refer to a CIC for an interview (see sample letter in Appendix F – nvitation to Examination Interview).
Persons who are not cohabiting with their sponsor at the time CIC seeks to grant permanent residence (persons who have been removed or who have left Canada voluntarily), are not eligible to be granted permanent residence in the Spouse or common-law partner class and may apply in the family class (overseas).
~~~~~~~~
Failure to meet all the rules pertaining to living with your spouse (when making an Inland Application) could render your application void.
Put in a new application as outland (it's quicker and you can even be "in Canada" whilst it is going through).
An Inland application does not appear to the right choice for you.
Yes, there are consequences.
Should you be refused re-entry by IO's at the port of entry, your application will be nul and void as you must be in Canada in order to gain your PR status if you make an inland application. As an Inland applicant, there are also no appeal rights should your application be refused (which it will be if you are not in Canada at the time PR is granted) and you will lose your processing fees, apart from the RPRF.
It will be seen by CIC that you have left the country and re-entered, there is no "slipping in and out".
You may be able to go overseas for a short period of time (such as in an emergency for 2 weeks) and then return, even then people are realistically concerned that they may be refused re-entry.
You say you will be overseas for 5 months, that really isn't what an Inland Application is all about.
If you wish to leave the country, I strongly suggest you withdraw your application and make an application outland before processing starts - or alternatively, request that it is transferred to the overseas office.
Read: IP8 http://www.cic.gc.ca/english/resourc...p/ip08-eng.pdf
A foreign national meets the membership requirements of the spouse or common-law partner in Canada class [R124]
• if they are the spouse or common-law partner of a sponsor (as defined in R130) and cohabits with that sponsor in Canada;
5.28. Applicants who leave Canada before a final decision is taken on their application for permanent residence
An applicant’s departure from Canada after the application is stamped as received or after assessment of eligibility for membership in the spouse or common-law partner in Canada class may affect their ability to become a permanent resident.
A foreign national becomes a permanent resident, if following an examination, it is established that they meet the selection criteria and other requirements applicable to that class as per R72(1)(d).
Foreign nationals are not provided with any guarantees that they will be allowed to return to or reenter 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 therefore be appropriate to counsel applicants who are outside Canada to withdraw their spouse or common-law partner in Canada class application and submit a new application for a permanent resident visa to the CPC-Mississauga (CPC-M).
10.1. Assessment of relationship
The applicant must be the spouse or common-law partner of the sponsor and living with the sponsor as per R124. Excluded relationships are listed in R125.The application kit requires that applicants submit certain documents as proof of the relationship. Officers must also be satisfied that the applicant is living with the sponsor in Canada. The following table indicates the type of evidence that is acceptable.
One of the eligibility criteria in R124 is cohabitation with the sponsor in Canada.
Documents provided as proof of the relationship should also establish that the spouse or common-law partner and the sponsor are living together. If his is not clear from the evidence available, the CPC-V should request further ocuments or refer to a CIC for an interview (see sample letter in Appendix F – nvitation to Examination Interview).
Persons who are not cohabiting with their sponsor at the time CIC seeks to grant permanent residence (persons who have been removed or who have left Canada voluntarily), are not eligible to be granted permanent residence in the Spouse or common-law partner class and may apply in the family class (overseas).
~~~~~~~~
Failure to meet all the rules pertaining to living with your spouse (when making an Inland Application) could render your application void.
Put in a new application as outland (it's quicker and you can even be "in Canada" whilst it is going through).
Aug 13th 2010, 7:29 pm
#4
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Thread Starter
Joined: Apr 2010
Location: Downtown Vancouver
Posts: 155
Aug 14th 2010, 12:06 am
#5
Forum Regular
Thread Starter
Joined: Apr 2010
Location: Downtown Vancouver
Posts: 155
Aug 14th 2010, 3:12 pm
#6
Forum Regular
Thread Starter
Joined: Apr 2010
Location: Downtown Vancouver
Posts: 155
Re: PRC application, leaving during application
Inland (In Canada) applications are for spouses and other family members who wish to remain in Canada whilst the process goes through.
An Inland application does not appear to the right choice for you.
Yes, there are consequences.
Should you be refused re-entry by IO's at the port of entry, your application will be nul and void as you must be in Canada in order to gain your PR status if you make an inland application. As an Inland applicant, there are also no appeal rights should your application be refused (which it will be if you are not in Canada at the time PR is granted) and you will lose your processing fees, apart from the RPRF.
It will be seen by CIC that you have left the country and re-entered, there is no "slipping in and out".
You may be able to go overseas for a short period of time (such as in an emergency for 2 weeks) and then return, even then people are realistically concerned that they may be refused re-entry.
You say you will be overseas for 5 months, that really isn't what an Inland Application is all about.
If you wish to leave the country, I strongly suggest you withdraw your application and make an application outland before processing starts - or alternatively, request that it is transferred to the overseas office.
Read: IP8 http://www.cic.gc.ca/english/resourc...p/ip08-eng.pdf
A foreign national meets the membership requirements of the spouse or common-law partner in Canada class [R124]
• if they are the spouse or common-law partner of a sponsor (as defined in R130) and cohabits with that sponsor in Canada;
5.28. Applicants who leave Canada before a final decision is taken on their application for permanent residence
An applicant’s departure from Canada after the application is stamped as received or after assessment of eligibility for membership in the spouse or common-law partner in Canada class may affect their ability to become a permanent resident.
A foreign national becomes a permanent resident, if following an examination, it is established that they meet the selection criteria and other requirements applicable to that class as per R72(1)(d).
Foreign nationals are not provided with any guarantees that they will be allowed to return to or reenter 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 therefore be appropriate to counsel applicants who are outside Canada to withdraw their spouse or common-law partner in Canada class application and submit a new application for a permanent resident visa to the CPC-Mississauga (CPC-M).
10.1. Assessment of relationship
The applicant must be the spouse or common-law partner of the sponsor and living with the sponsor as per R124. Excluded relationships are listed in R125.The application kit requires that applicants submit certain documents as proof of the relationship. Officers must also be satisfied that the applicant is living with the sponsor in Canada. The following table indicates the type of evidence that is acceptable.
One of the eligibility criteria in R124 is cohabitation with the sponsor in Canada.
Documents provided as proof of the relationship should also establish that the spouse or common-law partner and the sponsor are living together. If his is not clear from the evidence available, the CPC-V should request further ocuments or refer to a CIC for an interview (see sample letter in Appendix F – nvitation to Examination Interview).
Persons who are not cohabiting with their sponsor at the time CIC seeks to grant permanent residence (persons who have been removed or who have left Canada voluntarily), are not eligible to be granted permanent residence in the Spouse or common-law partner class and may apply in the family class (overseas).
~~~~~~~~
Failure to meet all the rules pertaining to living with your spouse (when making an Inland Application) could render your application void.
Put in a new application as outland (it's quicker and you can even be "in Canada" whilst it is going through).
An Inland application does not appear to the right choice for you.
Yes, there are consequences.
Should you be refused re-entry by IO's at the port of entry, your application will be nul and void as you must be in Canada in order to gain your PR status if you make an inland application. As an Inland applicant, there are also no appeal rights should your application be refused (which it will be if you are not in Canada at the time PR is granted) and you will lose your processing fees, apart from the RPRF.
It will be seen by CIC that you have left the country and re-entered, there is no "slipping in and out".
You may be able to go overseas for a short period of time (such as in an emergency for 2 weeks) and then return, even then people are realistically concerned that they may be refused re-entry.
You say you will be overseas for 5 months, that really isn't what an Inland Application is all about.
If you wish to leave the country, I strongly suggest you withdraw your application and make an application outland before processing starts - or alternatively, request that it is transferred to the overseas office.
Read: IP8 http://www.cic.gc.ca/english/resourc...p/ip08-eng.pdf
A foreign national meets the membership requirements of the spouse or common-law partner in Canada class [R124]
• if they are the spouse or common-law partner of a sponsor (as defined in R130) and cohabits with that sponsor in Canada;
5.28. Applicants who leave Canada before a final decision is taken on their application for permanent residence
An applicant’s departure from Canada after the application is stamped as received or after assessment of eligibility for membership in the spouse or common-law partner in Canada class may affect their ability to become a permanent resident.
A foreign national becomes a permanent resident, if following an examination, it is established that they meet the selection criteria and other requirements applicable to that class as per R72(1)(d).
Foreign nationals are not provided with any guarantees that they will be allowed to return to or reenter 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 therefore be appropriate to counsel applicants who are outside Canada to withdraw their spouse or common-law partner in Canada class application and submit a new application for a permanent resident visa to the CPC-Mississauga (CPC-M).
10.1. Assessment of relationship
The applicant must be the spouse or common-law partner of the sponsor and living with the sponsor as per R124. Excluded relationships are listed in R125.The application kit requires that applicants submit certain documents as proof of the relationship. Officers must also be satisfied that the applicant is living with the sponsor in Canada. The following table indicates the type of evidence that is acceptable.
One of the eligibility criteria in R124 is cohabitation with the sponsor in Canada.
Documents provided as proof of the relationship should also establish that the spouse or common-law partner and the sponsor are living together. If his is not clear from the evidence available, the CPC-V should request further ocuments or refer to a CIC for an interview (see sample letter in Appendix F – nvitation to Examination Interview).
Persons who are not cohabiting with their sponsor at the time CIC seeks to grant permanent residence (persons who have been removed or who have left Canada voluntarily), are not eligible to be granted permanent residence in the Spouse or common-law partner class and may apply in the family class (overseas).
~~~~~~~~
Failure to meet all the rules pertaining to living with your spouse (when making an Inland Application) could render your application void.
Put in a new application as outland (it's quicker and you can even be "in Canada" whilst it is going through).
Aug 14th 2010, 10:46 pm
#7
Banned
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: PRC application, leaving during application
http://www.cic.gc.ca/english//resour...p/ip02-eng.pdf
5.39. Discontinued undertaking/refund of permanent residence application fees
The sponsor has the option to discontinue the sponsorship undertaking and receive a repayment of fees for the application for permanent residence if processing on the sponsored person’s applicationhas not begun. Processing begins when an initial evaluation has been made on an application (see note below). Thus the sponsor saves the cost of processing an application for permanent residence, which may ultimately be refused but has no right of appeal, since no decision is taken on the permanent residence application.
The scenarios below provide clarification
The sponsor is found eligible but contacts CIC in writing seeking to withdraw the undertaking before processing has begun on the application for permanent residence. If processing has not begun, the application for permanent residence may be returned, if applicable. The processing fees, minus the sponsorship cost recovery fee will be refunded.
See procedures in Handling a discontinued or withdrawn undertaking, section 12.
5.40. Withdrawal of undertaking/no refund of permanent residence application fee
The sponsor may request the withdrawal of the sponsorship undertaking after the processing of the sponsored relative’s or family member’s application for permanent residence has begun. There is no repayment of processing fees for the application for permanent residence or right to an appeal. An undertaking is not automatically withdrawn upon the request of the sponsor; the CPC must agree to the withdrawal.
Where a sponsor requests to withdraw their undertaking, and where the CPC
approves the withdrawal, this may ultimately have the effect of a refused application for permanent residence pursuant to R120. This section prohibits the granting of permanent residence to foreign nationals applying as members of the family class and their dependants where a valid sponsorship undertaking is not in effect.
A withdrawal can only occur before a final decision in taken, meaning:
• with respect to sponsorships of overseas cases, if a permanent resident visa has not been issued.
• with respect to the spouse or common law-partner in Canada class, up to and prior to the moment the Confirmation of Permanent Residence status document is entered into FOSS;
You should read the whole section for clarification...
5.39. Discontinued undertaking/refund of permanent residence application fees
The sponsor has the option to discontinue the sponsorship undertaking and receive a repayment of fees for the application for permanent residence if processing on the sponsored person’s applicationhas not begun. Processing begins when an initial evaluation has been made on an application (see note below). Thus the sponsor saves the cost of processing an application for permanent residence, which may ultimately be refused but has no right of appeal, since no decision is taken on the permanent residence application.
The scenarios below provide clarification
The sponsor is found eligible but contacts CIC in writing seeking to withdraw the undertaking before processing has begun on the application for permanent residence. If processing has not begun, the application for permanent residence may be returned, if applicable. The processing fees, minus the sponsorship cost recovery fee will be refunded.
See procedures in Handling a discontinued or withdrawn undertaking, section 12.
5.40. Withdrawal of undertaking/no refund of permanent residence application fee
The sponsor may request the withdrawal of the sponsorship undertaking after the processing of the sponsored relative’s or family member’s application for permanent residence has begun. There is no repayment of processing fees for the application for permanent residence or right to an appeal. An undertaking is not automatically withdrawn upon the request of the sponsor; the CPC must agree to the withdrawal.
Where a sponsor requests to withdraw their undertaking, and where the CPC
approves the withdrawal, this may ultimately have the effect of a refused application for permanent residence pursuant to R120. This section prohibits the granting of permanent residence to foreign nationals applying as members of the family class and their dependants where a valid sponsorship undertaking is not in effect.
A withdrawal can only occur before a final decision in taken, meaning:
• with respect to sponsorships of overseas cases, if a permanent resident visa has not been issued.
• with respect to the spouse or common law-partner in Canada class, up to and prior to the moment the Confirmation of Permanent Residence status document is entered into FOSS;
You should read the whole section for clarification...
