Do I live in Canada??? 1344 Vs 5532

[colcol]

Looking for your input on my Common Law Partner Outside Canada Family sponsorship. I'm having trouble with specific questions around the concept of Residing Exclusively in Canada in my situation. Any help is greatly appreciated.

The story: 2020, I have a girlfriend of many years, we were not married, nor living together, she didn´t want to go to Canada then. I got PR in Nov 2020 (as single). traveled to Canada, got ill, went back to home country after less than a month to get better. Moved in with Girlfriend in my country, lived together for about 2 years. I return to Canada on July 2022 and usually spend three months here, three months in homecountry with girlfriend (now common law partner, since we have been living more than 1 year straight). 2024, we are starting the family sponsorship so she can come to Canada with me permanently. We waited until I had a permanent address in Canada, drivers license, money, 2 years tax returns. I don´t have a job here or in my homecountry because Im self-employed working from home and my clients are abroad. At no point in this story have we interrupted our relationship (not broken up, not "taken a break", Nothing)

1) I consider that I lived exclusively in my country from NOV2020 to JULY2022, I lived partially in my country, partially in Canada from JULY2022 to FEBRUARY2024, and I currently live exclusively in Canada today, even though I still plan to go to my country for parts of the year. would you say this interpretation accurate?

2) IMM 1344 asks if I live EXCLUSIVELY in Canada and nowhere else. I have to answer yes. Do I actually need to support with any documents that I live in Canada EXCLUSIVELY? how? I don't really see where in the application I would have to submit anything do that. Can I just say yes?. I mean I currently have all the documents to prove I'm living in Canada. As long as my partner hasn't received her PR, I will be spending part of the year, and part of the Year I´ll be here, but Canada is where I fell I focus my day to day and where we will be making any future plans. Is there anything I should be doing to strengthen my case for "live exclusively in Canada"?.

3) IMM 5532 PART A QUESTION 5 Addresses where I have lived. From July 2022 to June 2023 I lived in multiple places as I was exploring different cities in the Province. As I previously said, I spent three months here, three months in my country, so on and so forth. Should I put all the temporary addresses I stayed at? should I list every time I was in my country as a new address I lived at?, also the form only gives me five rows, so what do I do if I need more?

4) IMM 5532 PART C QUESTION 3 Are you living together... I'm pretty sure the coherent answer with the 1344 question would be to answer here NO, since she is in our country and I live exclusively in Canada today, even though the relationship has not stopped, and I go stay with her there every three - four months. Is this the correct interpretation?

Bonus question 5) IMM 5532 PART B QUESTION 2 Applicant, Relatives in Canada, just to be absolutely clear, We dont have to put my (common law partner, sponsor) info here again, since its on the IMM 5406, right?

Thank you all for your time and input.

 

[scylla]

Looking for your input on my Common Law Partner Outside Canada Family sponsorship. I'm having trouble with specific questions around the concept of Residing Exclusively in Canada in my situation. Any help is greatly appreciated.

The story: 2020, I have a girlfriend of many years, we were not married, nor living together, she didn´t want to go to Canada then. I got PR in Nov 2020 (as single). traveled to Canada, got ill, went back to home country after less than a month to get better. Moved in with Girlfriend in my country, lived together for about 2 years. I return to Canada on July 2022 and usually spend three months here, three months in homecountry with girlfriend (now common law partner, since we have been living more than 1 year straight). 2024, we are starting the family sponsorship so she can come to Canada with me permanently. We waited until I had a permanent address in Canada, drivers license, money, 2 years tax returns. I don´t have a job here or in my homecountry because Im self-employed working from home and my clients are abroad. At no point in this story have we interrupted our relationship (not broken up, not "taken a break", Nothing)

1) I consider that I lived exclusively in my country from NOV2020 to JULY2022, I lived partially in my country, partially in Canada from JULY2022 to FEBRUARY2024, and I currently live exclusively in Canada today, even though I still plan to go to my country for parts of the year. would you say this interpretation accurate?

2) IMM 1344 asks if I live EXCLUSIVELY in Canada and nowhere else. I have to answer yes. Do I actually need to support with any documents that I live in Canada EXCLUSIVELY? how? I don't really see where in the application I would have to submit anything do that. Can I just say yes?. I mean I currently have all the documents to prove I'm living in Canada. As long as my partner hasn't received her PR, I will be spending part of the year, and part of the Year I´ll be here, but Canada is where I fell I focus my day to day and where we will be making any future plans. Is there anything I should be doing to strengthen my case for "live exclusively in Canada"?.

3) IMM 5532 PART A QUESTION 5 Addresses where I have lived. From July 2022 to June 2023 I lived in multiple places as I was exploring different cities in the Province. As I previously said, I spent three months here, three months in my country, so on and so forth. Should I put all the temporary addresses I stayed at? should I list every time I was in my country as a new address I lived at?, also the form only gives me five rows, so what do I do if I need more?

4) IMM 5532 PART C QUESTION 3 Are you living together... I'm pretty sure the coherent answer with the 1344 question would be to answer here NO, since she is in our country and I live exclusively in Canada today, even though the relationship has not stopped, and I go stay with her there every three - four months. Is this the correct interpretation?

Bonus question 5) IMM 5532 PART B QUESTION 2 Applicant, Relatives in Canada, just to be absolutely clear, We dont have to put my (common law partner, sponsor) info here again, since its on the IMM 5406, right?

Thank you all for your time and input.

So be aware that as a PR, you need to be living in Canada to qualify as a sponsor. You can certainly take trips outside of Canada that are a few weeks without impacting your sponsorship application. Being outside of Canada for 3-4 months could put your application in jeopardy. So the plan to spend part of the year here and part of the year there likely isn't feasible if you want to sponsor her. Knowing this may help you to understand how to answer these questions.

 

[YVR123]

also want to point out that you have to make sure that you meet RO as a PR to sponsor.
3 months here and 3 months there and out of Canada since late 2020 until mid 2022 doesn't look good for your RO.
If you start to spend more time in Canada, you should still be able to meet your RO. But not if you plan to spend half of your days outside in the next year or so.

 

[colcol]

So be aware that as a PR, you need to be living in Canada to qualify as a sponsor. You can certainly take trips outside of Canada that are a few weeks without impacting your sponsorship application. Being outside of Canada for 3-4 months could put your application in jeopardy. So the plan to spend part of the year here and part of the year there likely isn't feasible if you want to sponsor her. Knowing this may help you to understand how to answer these questions.

Thanks for the reply. Following this logic, I should be spending more time in Canada to have a more solid application as Sponsor. In that sense, and in the spirit of question (2) how do I prove I will spend more time in Canada?

also want to point out that you have to make sure that you meet RO as a PR to sponsor.
3 months here and 3 months there and out of Canada since late 2020 until mid 2022 doesn't look good for your RO.
If you start to spend more time in Canada, you should still be able to meet your RO. But not if you plan to spend half of your days outside in the next year or so.

I have calculated my past and projected physical presence in Canada with my current traveling regime and I would be within the Residency obligation. But I indeed have considered that from the date of the sponsorship application It would be wiser to spend more continuous months in Canada. The question ends up to be the same... how would you approach proving you will spend more time in Canada?

big thanks for the replies, of course. That's valuable input.

 

[armoured]

Thanks for the reply. Following this logic, I should be spending more time in Canada to have a more solid application as Sponsor. In that sense, and in the spirit of question (2) how do I prove I will spend more time in Canada?
...
The question ends up to be the same... how would you approach proving you will spend more time in Canada?

Personally I wouldn't overcomplicate. Just a short letter of explanation that you have been travelling back and forth because your spouse is there and your work allows it. Now you intend to spend more time in Canada.

Then, just do it - remain in Canada and keep your trips shorter.

You can assume that IRCC has ability to check departures and arrivals, and probably if you keep your trips to less than a month will be okay. My personal suggestion would be to not depart from Canada after applying at least until you receive the AOR.

Many departures might slow things down - my guess is that if they happen to look and see departure/no return and they have any concern, they don't check frequently, but instead just have (equivalent of) a reminder to check again in ... well, in a while. And in between they don't do anything with the file. (And they might miss the reminder, etc).

You could get lucky, you could get unlucky, but you can improve your chances by just ... not leaving Canada so much or for so long.