Leaving Canada while on maintained status waiting for a Spousal Open Work Permit (SOWP) extension instantly voids your right to work upon your return. Furthermore, leaving the country during an inland spousal sponsorship puts your entire Permanent Residence (PR) application at extreme risk if border officers deny your re-entry.
Understanding SOWP Travel Risks and Maintained Status
Navigating the inland spousal sponsorship process requires patience, especially when waiting for a Spousal Open Work Permit (SOWP). Many applicants living in Canada with their Canadian partners reach a point where their original visitor visa or previous work permit is about to expire before their new SOWP is approved. If you apply for an extension before your current document expires, you benefit from what Immigration, Refugees and Citizenship Canada (IRCC) calls “maintained status” (formerly known as implied status).
However, a dangerous misconception exists among newcomers in Toronto, Vancouver, and Montreal. Many believe that holding a SOWP or having maintained status grants them the freedom to travel internationally for a vacation or family emergency. 📍 This is highly incorrect. A work permit is not a travel document. If you leave Canada while on maintained status, you legally abandon that status. When you return to cities like Calgary or Halifax, you will re-enter only as a visitor and cannot legally resume your job until your new SOWP is physically approved and issued. To avoid jeopardizing your employment and PR application, connecting with a certified immigration lawyer from our directory is strongly recommended before booking any flights.
Step-by-Step Process: What Happens If You Travel on Maintained Status
The rules governing international travel during the inland spousal sponsorship process are strict. Here is exactly what happens if you decide to leave Canada while waiting for your SOWP renewal.
Step 1: Leaving Canadian Soil
The moment your flight takes off from a Canadian airport, or you cross the land border into the United States, your maintained status instantly evaporates. You are no longer legally protected by the extension application you filed with IRCC for the purposes of continuing your previous employment.
Step 2: Attempting to Re-Enter Canada
When you return to Canada, you must face the Canada Border Services Agency (CBSA). Having an inland PR application in process does not guarantee you the right to enter the country. You must still possess a valid Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA). The CBSA officer will assess you purely as a temporary visitor. If they believe you intend to stay permanently without authorization, they can deny you entry.
Step 3: Loss of the Right to Work
If CBSA allows you back into Canada, they will admit you strictly as a visitor. ✍️ Because you lost your maintained status the moment you left, you are legally forbidden from returning to your employer in Edmonton or Winnipeg. You cannot engage in any labour until your pending SOWP application is officially approved and the physical document arrives in the mail.
Step 4: The Threat to the Inland PR Application
The most catastrophic risk involves the “Spouse or Common-Law Partner in Canada Class” PR application. A strict federal requirement of this specific inland pathway is that both the sponsor and the applicant must actively live together inside Canada. If you leave and CBSA denies your re-entry for any reason, you are no longer living in Canada, and IRCC will eventually refuse your entire PR application.
How Much Does It Cost to Fix Travel Mistakes?
Making an unadvised trip outside of Canada can lead to severe financial consequences and lost wages. Here are the estimated costs you might face in Canadian dollars (CAD):
| Consequence / Legal Remedy | Estimated Cost (CAD) |
|---|---|
| Lost Wages (Unable to work upon return) | $3,000 – $6,000+ per month of waiting |
| New TRV Application (If expired while abroad) | $100 application fee |
| Lawyer Fees (Fixing a CBSA Refusal) | $3,000 – $8,000+ |
| Re-filing an Outland PR Application | $1,260 government fees + legal fees |
The cost of consulting a lawyer for a $200 travel advisory session is minimal compared to losing months of income or having to restart a multi-year immigration process.
How Long Are the Delays?
If you lose your maintained status by travelling, the waiting period can be excruciating. Current IRCC processing times for an inland Spousal Open Work Permit can range from 3 to 5 months. ⏱ If you return to Canada as a visitor, you will be forced to sit at home without working for those entire 5 months. Furthermore, if you are stuck outside Canada because you did not hold a valid TRV to return, applying for a new visitor visa from abroad can take several weeks to several months depending on your home country.
Frequently Asked Questions (FAQ)
Can I travel if I already have the physical SOWP document?
Even if you hold a valid, physical SOWP, it is only a work permit, not a travel document. To re-enter Canada, you must also have a valid TRV or eTA. While holding an active SOWP makes travelling safer than being on maintained status, an inland PR applicant still faces a slight risk of being denied entry by CBSA.
What happens if there is a death in my family abroad?
In genuine emergencies, many applicants choose to travel despite the risks. If you are on maintained status, you must accept that you will lose your right to work upon return. You should carry extensive proof of the emergency (death certificate, hospital records) to show CBSA officers why you left during your inland processing.
Is an outland sponsorship better if I need to travel?
Generally, yes. The Family Class (outland) sponsorship pathway does not require you to remain inside Canada during processing. If you have a job that requires frequent international travel, filing an outland application is usually the much safer legal strategy.
Can I work remotely for my Canadian employer while outside Canada?
Canadian immigration law only governs labour physically performed inside Canada. If you travel abroad, you can technically continue doing remote work for your Canadian employer via laptop, but you must resolve the complex payroll and tax residency implications with your HR department.
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