Yes, I own a Condo and stayed in the same condo since November 2020 and added the condo's address in the file. I even sent my condo ownership papers along with a boarding pass via web form last week with a letter explaining my return and situation.
Sponsor was outside Canada when applied for Spouse Sponsorship
- Thread starter sahiMay25
- Start date
The wording would have to be that as PR you have to be physicaly present in canda while applying for sponsorship. Or it would have to say you can´t stay outside canada instead of saying you can´t live outside canada. To live somewhere implies that you have a home where you live which is the center point of your life, a place you rent or own..... Staying away from that home doesn´t mean you suddenly don´t live there anymore. World travelers also don´t talk about living abroad, they still consider themself living in their home country!?
Look, of course there's an argument that can be made (by analogy to tax residency) - but your argument has the same problem as the OP's lawyer, to wit - so what? How exactly are you going to make that argument, with what specific actions?
And if IRCC officer decides differently and delays or refuses your file, how exactly are you going to action some kind of remedial measure to fix it?
And if you have to use some appeals process, how much is that going to cost in time and money? Is that realistic? Is that the best course of action? (Should a lawyer suggest their client take this risk without informing them?)
Let's compare this to what a good lawyer who actually knows the process would have said: it seems IRCC is actually quite strict about interpreting "residing in Canada to sponsor" at minimum when submitting a sponsorship application. And as a result, if you submit a sponsorship application (as a PR) from abroad, you run a serious risk of having your file delayed and not knowing how to find out what the issue is and with no practical means of appeal (that wouldn't take much longer).
And that therefore (as a competent lawyer who knows immigration) the proper advice would be that submitting early from abroad is a false economy and quite likely will cause far more problems.*
And yes, it might be objectionable in a couple different ways during a pandemic when flights were blocked from some countries, but it still doesn't make it a good idea.
*I can understand an applicant making this mistake on their own. Not obvious. But for a lawyer to do that is a different matter.
It's a big disappointment when you hire a reputed lawyer "Nanda & Associate Lawyers" but they messed up your case.
Look, I got a bit ahead of my skis there, I don't know what actually happened and not in a position to say, order gcms notes.
The point that I could have put more neutrally is that the procedural aspects can, sometimes, trump the logic. While I respect the armchair-lawyer logic angle (eg residing vs physically present), it doesn't help you much if there's no procedural way to make that argument.
Hi, I would like to confirm if I have requested GCMS notes in the right way or not. If I need Sponsor side information then as a sponsor and PR of Canada I can be the Enquirer and then I need to add consent from your principal applicant and also select the following items from select boxes, right?
*What type of record would you like to request?
Family Class, Spouse or Common-Law Partner in Canada Class or Refugee Sponsorship
*Specify the type of file you are requesting:
Sponsor's file (i.e. information that belong to the sponsor(s))
Thank you in advance!!
*What type of record would you like to request?
Family Class, Spouse or Common-Law Partner in Canada Class or Refugee Sponsorship
*Specify the type of file you are requesting:
Sponsor's file (i.e. information that belong to the sponsor(s))
Thank you in advance!!
I received GCMS and it says "Sponsor eligibility: In progress, Case referred for secondary review" but does not include any reasoning or other information, and the only reason I can think of is I applied when I was outside of Canada. It's almost been 10 months since I applied and 8 months since AOR. Can anyone please suggest should I apply again or wait?? Can I have 2 applications at the same time and withdraw the first application once I receive AOR or sponsor approval from the second application?