I will try to answer this concern according to the below:

Sponsor your spouse, common-law partner, conjugal partner, or dependent child – Complete Guide (IMM 5289)

Before I put my legal arguments to the concern mentioned in the topic name, I would like to share some excerpts directly from the Complete Guide (IMM5289) and then will share my recommendation and draw my conclusion about the concern.  

 

 

 

 

 

 

 

My legal arguments:

Excerpt 1 is clearly saying, “you can’t sponsor someone if you’re a permanent resident living outside of Canada”. Means, it may leave a room open that you can sponsor while remain in Canada and then go out of Canada.  

Excerpt 2 indicates that it might affect you (the sponsor), if “you’ve failed to respect your residency conditions”. Means, the room of doubt as shown in Excerpt 1 becomes weak here and not advisable (rather discouraged) to you (the sponsor) to go out of Canada and remain there until the decision is made.    

Excerpt 3: I strongly recommend not to leave Canada unless you (the sponsor) receive this email / notification. Because this is the stage where both the applicant and the sponsor can have peace of mind that the application has been submitted properly and both of you met the individual eligibility requirements. Until this stage is over, IRCC may always comes back and ask for additional document and/or return your full application if they found ineligible.   

Excerpt 4: IRCC always expects you (both the applicant and sponsor) to notify any change that was made in your life / profile including the contact details / address changes. Means onus goes to you (the sponsor) to inform IRCC if you are leaving Canada after you submitted the application.

Excerpt 5: If you haven’t informed IRCC as explained in Excerpt 4, there may be a good chance that the verification may go wrong, and you may expect delay in overall processing.

Excerpt 6: If your verification process hasn’t been found satisfactory as mentioned in Excerpt 5, you may expect an interview call.

Honestly, out of my practicing years, I have witnessed many applications get denied once they were called for an interview. This happens because, officers mostly arrange the interview calls when they have enough reasons to believe:

·        the relationship (spousal / common-law) is not genuine; and/or

·         either the applicant or the sponsor or both could not meet the eligibility criteria as they were supposed to.

 

My personal recommendation:

Please feel free to accept my above legal arguments and the following recommendations at your own liability.

If you are a PR, it’s better not to leave Canada for long time and/or remain Canada until the application’s decision is made. Even if you (the sponsor) go out of Canada for short time due to any reason, I would strongly recommend informing IRCC via webform before you leave and after you enter to Canada. By that way you will likely avoid all the possible delays and mishaps. GOOD LUCK !!

 

Disclaimer: The above writing is not intended to be a source of legal advice. Please seek legal advice and use your own good judgement before choosing to act on any information provided above. If you choose to rely on this article, you do so entirely at your own accountability.

If you find any information is untrue or misleading or think you deserve the credit for the write-up, please reach out to me at: [email protected] and I will adjust as per your request when you are right.