What to do with open immigration cases if you have left Canada?

If you have active applications with Canadian immigration authorities and are planning to leave the country or have already left, it is extremely important to understand all the implications and necessary steps to preserve your immigration rights. Incorrect actions can result in the rejection of your applications, loss of status, or serious complications with returning to Canada.

Basic principles for processing applications outside Canada

Immigration, Refugees and Citizenship Canada (IRCC) continues to process most applications regardless of where you are during processing. However, your absence from the country may create additional challenges and requirements that need to be taken into account. It is important to understand that different types of applications have different rules regarding the possibility of staying abroad while they are being processed.

The general rule is that IRCC usually sends correspondence only to addresses in Canada. In some cases, you may receive an email, but this is not guaranteed. If you do not respond to letters or emails within the specified time and do not provide an acceptable reason for not being able to attend appointments or provide the requested information, IRCC may stop processing your application.

Applications for citizenship

Ability to leave after submitting an application

According to official IRCC information, you can leave Canada after your citizenship application has been received. This is confirmed by the fact that the physical presence requirement is verified at the time of application, not throughout the processing period. If you have met the residency requirements before applying (1095 days of physical presence in the last five years), you are not required to remain in Canada while your application is being processed.

Critical requirements for maintaining eligibility for citizenship:

To remain eligible for Canadian citizenship while abroad, you must ensure the following:

  • Maintain permanent resident status — you must live in Canada long enough to maintain your PR status
  • Maintain PR status until you take the oath — you cannot lose your permanent resident status before completing the citizenship process
  • Have a valid PR card to return with — make sure your PR card does not expire while you are outside Canada

Mandatory obligations and risks

Notification of extended trips: IRCC requires you to notify them of any plans to leave Canada for more than 2 consecutive weeks. Although the exact consequences of not complying with this requirement are not always clear, it is recommended that you follow this rule to avoid potential complications. Mandatory attendance at events: You must appear at appointments and other events at IRCC offices, such as:

  • Citizenship test (for applicants aged 18-54)
  • Interview or hearing
  • Citizenship ceremony

All of these events take place exclusively in Canada. If you are unable to attend your scheduled event, you must send an email or write to the local office that sent you the notification, or use the online web form to contact IRCC.

Applications for permanent residence

Applications submitted from Canada

For individuals who have applied for permanent residence from within Canada, leaving the country while your application is being processed is permitted but carries significant risks. If you leave Canada while your application is being processed, you must meet all admissibility requirements before you will be allowed to return to Canada.

Documents required for return:

  • Valid passport or travel document
  • Valid temporary visa (if required) or eTA
  • Sufficient funds to support yourself in Canada
  • Any other documents proving your right to enter

Risk of application being deemed refused: If you are unable to return to Canada, IRCC may determine that you have abandoned your application. In this case, your application will be discontinued and you may need to reapply for sponsorship from outside Canada as a member of the family class.

Applications through Express Entry

For those who have received an Express Entry approval outside of Canada, the process is more straightforward. Once approved, you must arrive in Canada with the necessary documents, including your Confirmation of Permanent Residence (COPR) and permanent resident visa (if provided).

Renewing your PR card

Restrictions on applying from outside Canada

It is critical to understand that you cannot renew your PR card while outside Canada. Applications to renew your PR card can only be submitted from within Canada, and the new card can only be sent to a Canadian address. Being in Canada at the time of applying to renew your PR card is literally one of the eligibility requirements.

If your PR card expired while you were abroad:

If you are abroad with an expired PR card, you must apply for a Permanent Resident Travel Document (PRTD) at a Canadian consulate or embassy abroad. This process can take several weeks and requires extensive documentation to confirm your status.

Alternative way to return: You can travel to the US with an ESTA and cross the Canada-US land border in private transportation (or on foot) with your expired PR card or expired COPR as proof of status.

Change of address and contact information

Mandatory address update

If you have an application pending, you must notify IRCC if you change your address. If IRCC does not have your current address, important documents may be delayed or lost, and your application may be rejected or abandoned.

Methods for changing your address depending on your location

If you are in Canada:

In most cases, you can use the online service to change your address. The changes will appear in your file within 5 business days. You can use the online service if:

  • Your case is being processed in Canada
  • Your address is in Canada
  • You are moving within three weeks or have already moved

If you are outside Canada and the US:

Contact the Canadian visa office for your region to change your address. Using the web form is also an option for reporting a change of address.

If you are in the US:

You can send a letter with your new address to the case processing center in Sydney, Nova Scotia, or contact the Canadian embassy or consulate where you submitted your application.

Different types of applications and their features

Work permit applications

For work permit applications submitted outside of Canada, your location during processing does not usually affect the process. However, it is important to keep your contact information up to date and be prepared to provide additional documents if requested.

Study permit applications

If you have applied for a study permit extension and plan to travel outside Canada, you may do so as long as your visitor visa or eTA remains valid. However, there are important details to consider:

If your study permit is still valid or has been extended during your absence, you may be allowed to enter as a student. If IRCC is still processing your extension application, you may be allowed to enter as a visitor, but you will not be able to study until you receive your extended study permit.

Temporary resident applications

Temporary residents can travel outside Canada, but must ensure they meet the requirements for re-entry. A visitor record confirms that you have visitor status in Canada and how long you can stay, but does not guarantee that you will be able to leave and return to Canada.

Potential consequences of incorrect actions

Application refusal

One of the most serious risks is that your application may be deemed refused. This may happen if:

  • You do not respond to requests for documents within the specified time limits
  • You do not appear at scheduled hearings or ceremonies
  • You do not provide a reasonable explanation for your inability to meet the requirements

Processing delays

Even if your application is not refused, staying abroad can cause significant processing delays. This is especially true in situations where:

  • IRCC is unable to contact you in a timely manner
  • Additional documents or explanations are required
  • Your presence is required for an interview or other procedures

Problems returning to Canada

Depending on your current status and type of application, leaving Canada may create problems with your return. This may include:

  • The need to obtain new visas or permits
  • Additional checks at the border
  • The possibility of being refused entry if you do not meet the current requirements

Recommendations and best practices

Planning before departure

Consult with an immigration consultant: Before deciding to leave Canada while your application is being processed, it is strongly recommended that you consult with a qualified immigration lawyer or consultant. They can assess your specific situation and provide personalized advice.

Assess urgency: Consider whether your departure from Canada is truly necessary. If possible, it is best to remain in the country until your important applications are processed, especially those related to permanent resident status or citizenship.

Staying in touch with IRCC

Regular monitoring: Use the IRCC online portal to track the status of your citizenship application. The portal provides updates on the progress of your case and alerts you to any scheduled appointments.

Respond promptly: Always respond to letters and emails from IRCC as soon as possible. If you are abroad, it is especially important to maintain prompt communication.

Appoint a trusted person: Consider appointing a trusted person in Canada who can receive mail on your behalf and notify you of important correspondence.

Document management and preparation

Keep copies: Keep copies of all documents related to your applications, including payment receipts, letters from IRCC, and any other official documents.

Preparing to return: Make sure you have all the necessary documents to return to Canada, including valid travel documents, visas (if required), and proof of your right to enter the country.

Financial preparation: Have enough money to support yourself after you return to Canada and to cover any unexpected expenses related to immigration procedures.

Specific recommendations for different situations

For citizenship applicants: If you have a citizenship application and are planning a long absence, make sure your PR card remains valid for the entire period of your absence. Also consider appointing a representative in Canada to handle your correspondence.

For PR status holders: If your PR card is about to expire, apply for a renewal before leaving Canada. Remember that renewals can only be submitted from within Canada.

For temporary residents: Make sure your temporary visas or eTAs remain valid for your return, and have a plan in place in case you need to apply for a new one from abroad.

Alternative strategies

Partial stay in Canada

If your situation allows, consider returning to Canada periodically while your application is being processed. This may help you:

  • Maintain physical presence for residency requirements
  • Be available for potential appointments or interviews
  • Demonstrate your commitment to Canada

Postponing departure

In some cases, it may be advisable to postpone your departure until critical stages of the immigration process are complete. This is particularly relevant for:

  • Applications for a PR card or renewal
  • Final stages of the citizenship process
  • Complex cases that may require additional documentation

Using technology

Modern technology can help you stay in touch with IRCC and track the status of your applications:

  • Setting up email forwarding
  • Using a VPN to access Canadian online services
  • Regular video calls with trusted contacts in Canada

Conclusions and key principles

Managing open immigration cases while outside Canada requires careful planning, constant attention, and a proactive approach. While many applications can continue to be processed during your absence, there are significant risks and challenges to consider.

Key principles for successful management:

Always keep your contact information up to date with IRCC and respond promptly to any requests or messages. Understand the specific requirements of your application type and plan accordingly. Keep all necessary documents and keep copies of all important correspondence.

Consult with professional immigration advisors for personalized advice, especially in complex situations. Be prepared for potential complications and have backup plans for different scenarios.

Remember that every immigration situation is unique, and what works for one person may not work for another. A thorough understanding of your rights, responsibilities, and options is key to successfully navigating the Canadian immigration system, regardless of where you are physically located during the process.