I have filed an In Canada Spousal application, can I travel outside Canada?
Answer: In the case of an inland sponsorship application, it is not risk free for the couple to be separated or travel while their application is in progress. This is due to the fact that a foreign national is a member of the spouse or common-law partner in Canada class, if they are the spouse or common-law partner of a sponsor and cohabit with the sponsor in Canada.
Meaning of Co-habitation:
Co-habitation means living together, with combined affairs and set up their household together in one dwelling.
The law does not quantify what period of absence would constitute a break in continuous cohabitation, so it is better for the clients to be safe than sorry. Travelling outside Canada while the application is in process is not risk free because if the foreign national is denied entry to Canada, the couple would not be able to continue cohabiting in Canada and therefore not be able to meet the requirements of immigration legislation.
It is important to remind the reader that there is no option to file and IAD appeal for a refused In-Canada spousal application, though the Applicant can apply for Judicial Review in the Federal court.
Having said that if a couple wants to travel while their application is in progress, they must keep the travel as short as possible, because in the end the onus in on the application to prove that there is no break in co-habitation.
If you have any specific questions, feel free to message or email at shivani@shivanisidhu.com
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