Hi community,
My husband (PA, Kenyan citizen) and I (Canadian citizen) applied for outland PR from China in February 2019, submitted medical July 2019, gave biometrics August 2019, and now (Sept) our application is currently in Hong Kong.
This week, we received a procedural fairness letter from Hong Kong stating the following:
I have reviewed all documentation and information submitted in support of your immigration application. I have concerns that you are not coming to Canada to establish permanent residence and your sponsor is not prepared to reside in Canada when you become a permanent resident. In particular, I noted that you and your sponsor intend to continue with your studies in China and will establish in Canada permanently until year 2022. You are unable to submit reliable evidence to support the plan provided by you and your sponsor concerning her intention to re-establish herself in Canada once you are issued an immigrant visa. I have concerns that you are unable to submit reliable evidence to demonstrate that your sponsor has made efforts or is in the process of a) severing her ties to her current place of normal residence and b) reestablishing her permanent residency in Canada.
I, therefore, have concerns that you do not meet the requirements as stated under subsection 70(1)(b) and your sponsor does not meet the requirements of a sponsor under subsection 130(2) of the Immigration Regulations. Consequently, I have concerns that you do not meet the requirements of a member of the family class under subsection 12(1) of the Immigration Act. I would like to give you an opportunity to respond to this information.
You are advised to submit substantial proof of your sponsor’s genuine intent to return to Canada, including but not limited to:
- credible evidence of your and your sponsor’s plans to establish yourself and your family in Canada;
- credible evidence that you and your sponsor have severed, or have begun to severe, your ties to China (e.g. withdrawal from your studies, termination of lease, evidence of transition of financial interests and assets from China to Canada, sales or confirmed shipment of furniture, transition of financial interests from China to Canada, disposal of other assets, etc.).
Note that the measures listed above are not exhaustive, and that you may show other forms of evidence that you AND your sponsor have both made significant efforts and arrangements to settle yourselves in Canada, for the purpose of establishing and living there permanently.
Our current situation is that I'm only doing a postgraduate course in China, fully funded by the China Scholarship Council, with expected graduation date in June 2021. My husband was originally going to receive the same scholarship but it fell through last minute, so our original date of 2022 should now be 2021 (although I'm afraid that may not help much either). Otherwise all our assets and friends/family are in Canada.
It's just that we applied earlier thinking that the "intent to move to Canada" was respective of the 2/5 years residence obligation to maintain PR status. We did not realize that the move had to be immediate upon receipt of PR visa or even beforehand.
The whole reason why we are in China is to take the opportunity of the fully funded education in order to improve our chances of job search in Canada, and also to be together.
We're really in a catch right now, because we have a newborn (born in Canada this year!) with us, and so I do not want to go through the cost, time, energy, pain of having to reapply for the PR closer to my expected graduation date (I'll have thesis and defense at that time too, hence why we applied earlier). Yet, it's also not worth it to withdraw from my studies and research responsibilities without even getting an acceptance for PR for my husband.
Any experience or advice would be super helpful!
My questions right now are:
1. Would explaining our intended move in 2021 be valid?
2. Or is "intent to return to Canada" to move immediately, and so would I need to withdraw from my studies?
Thank you!
Sincerely,
Stressed
-
Edit #1:
I consider myself a "factual resident of Canada" given my current study abroad situation. Does that count towards residing in Canada if I'm only away temporarily like this?
My husband (PA, Kenyan citizen) and I (Canadian citizen) applied for outland PR from China in February 2019, submitted medical July 2019, gave biometrics August 2019, and now (Sept) our application is currently in Hong Kong.
This week, we received a procedural fairness letter from Hong Kong stating the following:
I have reviewed all documentation and information submitted in support of your immigration application. I have concerns that you are not coming to Canada to establish permanent residence and your sponsor is not prepared to reside in Canada when you become a permanent resident. In particular, I noted that you and your sponsor intend to continue with your studies in China and will establish in Canada permanently until year 2022. You are unable to submit reliable evidence to support the plan provided by you and your sponsor concerning her intention to re-establish herself in Canada once you are issued an immigrant visa. I have concerns that you are unable to submit reliable evidence to demonstrate that your sponsor has made efforts or is in the process of a) severing her ties to her current place of normal residence and b) reestablishing her permanent residency in Canada.
I, therefore, have concerns that you do not meet the requirements as stated under subsection 70(1)(b) and your sponsor does not meet the requirements of a sponsor under subsection 130(2) of the Immigration Regulations. Consequently, I have concerns that you do not meet the requirements of a member of the family class under subsection 12(1) of the Immigration Act. I would like to give you an opportunity to respond to this information.
You are advised to submit substantial proof of your sponsor’s genuine intent to return to Canada, including but not limited to:
- credible evidence of your and your sponsor’s plans to establish yourself and your family in Canada;
- credible evidence that you and your sponsor have severed, or have begun to severe, your ties to China (e.g. withdrawal from your studies, termination of lease, evidence of transition of financial interests and assets from China to Canada, sales or confirmed shipment of furniture, transition of financial interests from China to Canada, disposal of other assets, etc.).
Note that the measures listed above are not exhaustive, and that you may show other forms of evidence that you AND your sponsor have both made significant efforts and arrangements to settle yourselves in Canada, for the purpose of establishing and living there permanently.
Our current situation is that I'm only doing a postgraduate course in China, fully funded by the China Scholarship Council, with expected graduation date in June 2021. My husband was originally going to receive the same scholarship but it fell through last minute, so our original date of 2022 should now be 2021 (although I'm afraid that may not help much either). Otherwise all our assets and friends/family are in Canada.
It's just that we applied earlier thinking that the "intent to move to Canada" was respective of the 2/5 years residence obligation to maintain PR status. We did not realize that the move had to be immediate upon receipt of PR visa or even beforehand.
The whole reason why we are in China is to take the opportunity of the fully funded education in order to improve our chances of job search in Canada, and also to be together.
We're really in a catch right now, because we have a newborn (born in Canada this year!) with us, and so I do not want to go through the cost, time, energy, pain of having to reapply for the PR closer to my expected graduation date (I'll have thesis and defense at that time too, hence why we applied earlier). Yet, it's also not worth it to withdraw from my studies and research responsibilities without even getting an acceptance for PR for my husband.
Any experience or advice would be super helpful!
My questions right now are:
1. Would explaining our intended move in 2021 be valid?
2. Or is "intent to return to Canada" to move immediately, and so would I need to withdraw from my studies?
Thank you!
Sincerely,
Stressed
-
Edit #1:
I consider myself a "factual resident of Canada" given my current study abroad situation. Does that count towards residing in Canada if I'm only away temporarily like this?
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