This seems to be the quintessential question from all our clients who wish to proceed with an application under the SCLPC in Canada. And the answer, which comes with certain caveats, always surprising: Yes.
Under the SCLPC (Spouse and Common Law Partner In Canada) class, the principal applicant (the person being sponsored), does not have any legal obligations under Canadian law not to leave Canada, as long as they continue to live -on a permanent basis- with their Sponsor in Canada, as well as possessing the correct Canadian entry and status documents. Canada does not bar the applicant from going outside of Canada for holidays or other short-term trips. The onus is on the principal applicant to show that they continue to cohabitate with their Sponsor in Canada, and that the motive for travel will not persuade the officer to conclude that the applicant is also living outside of Canada.
So how do you do determine whether you will meet the definition of “living in Canada on a permanent basis” for the successful outcome of your SCLPC application? There are various ways to show this, and we counsel our clients on a case to case basis, so they can continue to abide by IRCC regulations throughout the period of their application for Canadian Permanent basis.
If you are thinking in applying for Sponsorship and you have of questions regarding your travel plans, allows to make your application a smooth one.