How to establish enough ties to prove the intent to return to Canada after spouse becomes PR?

[kkc1484]

My wife is a Canadian citizen working and residing in US. We are in the process of filing a Family Class Spousal application from US. While going through the check-list, we came across a point where she needs to "Provide proof that you will live in Canada with your spouse once they become permanent resident of Canada.". Based on another post in this forum, we were trying to do few things such as opening a bank account, contacting friends/family etc. But, it's been a bit challenging.

• My wife has not been to Canada since 2012. Most of her immediate family is also not residing in Canada anymore.
• We don't own any assets in Canada such as bank account or residential property.
• She is in touch with few of her friends in Canada but that is all at the moment.
• We are willing to reestablish ties through opening a bank account and other financially smaller scale activities but we don't have enough capital at the moment to invest in a residential property.
• Opening a bank account has been a challenge as we don't have a residential address in Canada and she is not currently planning to visit Canada owing to the pandemic. Is there a way to open a bank account without a Canadian address or visiting Canadian branch?

If we can't open a bank account in Canada, what other options can be used to reestablish ties and show our intent to move back to Canada after receiving PR?

 

[canuck78]

My wife is a Canadian citizen working and residing in US. We are in the process of filing a Family Class Spousal application from US. While going through the check-list, we came across a point where she needs to "Provide proof that you will live in Canada with your spouse once they become permanent resident of Canada.". Based on another post in this forum, we were trying to do few things such as opening a bank account, contacting friends/family etc. But, it's been a bit challenging.

• My wife has not been to Canada since 2012. Most of her immediate family is also not residing in Canada anymore.
• We don't own any assets in Canada such as bank account or residential property.
• She is in touch with few of her friends in Canada but that is all at the moment.
• We are willing to reestablish ties through opening a bank account and other financially smaller scale activities but we don't have enough capital at the moment to invest in a residential property.
• Opening a bank account has been a challenge as we don't have a residential address in Canada and she is not currently planning to visit Canada owing to the pandemic. Is there a way to open a bank account without a Canadian address or visiting Canadian branch?

If we can't open a bank account in Canada, what other options can be used to reestablish ties and show our intent to move back to Canada after receiving PR?

Just opening a bank account won't be enough. Would update during the process when you have given notice to your jobs, if you've secured jobs in Canada, if you own a home in the US show that you've put your home on the market/sold your home, proof of looking for property in Canada, etc. There are lots of posts about people being asked to more proof that they will actually be relocating because unfortunately many didn't relocate so the burden of proof required is much higher.

 

[Idrissrafd]

How about job offers/opportunities in Canada ? She can start by that.

No need for a residential property...what about a lease ?

I'm trying to give you some clues.

 

[kkc1484]

Just opening a bank account won't be enough. Would update during the process when you have given notice to your jobs, if you've secured jobs in Canada, if you own a home in the US show that you've put your home on the market/sold your home, proof of looking for property in Canada, etc. There are lots of posts about people being asked to more proof that they will actually be relocating because unfortunately many didn't relocate so the burden of proof required is much higher.

Thanks for the reply. Her current employer has an office in Canada and we are communicating with them to see the possibilities. We plan to include these communications with the application package. We don't own a home in US and I am also not a citizen or permanent resident here. We are actually eager to move to Canada and as a result want to make sure that we include sufficient evidence affront to avoid any issues later on. We are planning to include our communications in trying to look for an apartment for a potential move. I think your suggestion of including additional evidence as it becomes available as we move through the process is very useful to keep in mind.

 

[kkc1484]

How about job offers/opportunities in Canada ? She can start by that.

No need for a residential property...what about a lease ?

I'm trying to give you some clues.

Thanks for the reply . These are useful suggestions as well.

 

[AmyL]

Thanks for the reply. Her current employer has an office in Canada and we are communicating with them to see the possibilities. We plan to include these communications with the application package. We don't own a home in US and I am also not a citizen or permanent resident here. We are actually eager to move to Canada and as a result want to make sure that we include sufficient evidence affront to avoid any issues later on. We are planning to include our communications in trying to look for an apartment for a potential move. I think your suggestion of including additional evidence as it becomes available as we move through the process is very useful to keep in mind.

Provide a written and signed statement from each of you about your intent and maybe posts/emails/texts to friends and family about moving.

 

[cjr]

Her current employer has an office in Canada and we are communicating with them to see the possibilities. We plan to include these communications with the application package.

I'd say this is can be your biggest "Ace in the Hole".

If your wife and her employer come to an agreement regarding her continued employment after relocating, get a Letter of Intent (or contract) from the employer stating that fact.

That'll go a long way to underscore the seriousness of her intent.

 

[kkc1484]

Provide a written and signed statement from each of you about your intent and maybe posts/emails/texts to friends and family about moving.

Thanks for the reply . We will include these as well. Very helpful suggestion.

 

[kkc1484]

I'd say this is can be your biggest "Ace in the Hole".

If your wife and her employer come to an agreement regarding her continued employment after relocating, get a Letter of Intent (or contract) from the employer stating that fact.

That'll go a long way to underscore the seriousness of her intent.

Thanks for the reply .We will try to get a letter as you suggest and include to the application package.

 

[canuck78]

Thanks for the reply .We will try to get a letter as you suggest and include to the application package.

There is no point in including a letter. It isn't enforceable. What IRCC really wants are more concreate things that show that you are going to leave your current home and resettle in Canada. Things like a new contract from the Canadian branch of her employer is a good start but you'll need more. It is often easier to provide proof later on in the province when it comes to leaving a job or a home and getting new ones.

 

[kkc1484]

There is no point in including a letter. It isn't enforceable. What IRCC really wants are more concreate things that show that you are going to leave your current home and resettle in Canada. Things like a new contract from the Canadian branch of her employer is a good start but you'll need more. It is often easier to provide proof later on in the province when it comes to leaving a job or a home and getting new ones.

Thanks canuck78 for the reply and additional feedback.

 

[Naheulbeuck]

There is no point in including a letter. It isn't enforceable. What IRCC really wants are more concreate things that show that you are going to leave your current home and resettle in Canada. Things like a new contract from the Canadian branch of her employer is a good start but you'll need more. It is often easier to provide proof later on in the province when it comes to leaving a job or a home and getting new ones.

I agree totally, as you go through and get closer, you will likely have more solid proof and should make sure to send those ASAP.

In the meantime, other proof of your intent would be to show job applications (if it is not possible with her current company and you don't yet have offers), to show some research of property, contacting an agent if you plan to buy. If you plan to lease, show your research, show where you plan to live, the potential places you've found, keep in mind the big picture, they want to see intent, just a letter is an easy copy paste from the internet, spending time, in concrete and reasonable research that shows you know the job market, the cost of living, that you look in a reasonable area based on your circumstances will help until you have more concrete plans. Here were some suggestion to someone else for intent.

• Research the period in that province where they would not have health coverage and obtain quotes, on paper, of coverage for them both for that period.
• If you plan to move stuff, get quotes, whether it is the extra luggage on flights or if in the US moving company quotes.
• Get PDF of the search for flights from where they live to the city they want to settle in in Canada.
• Get PDF of search of houses for rent or for sale in the city they want to settle in.
• If it is the same city as where she lived before leaving Canada proof of her living there (tax return, school whatever).
• Do research on the paperwork they will need to get (driver license equivalency, degree equivalency, opening a bank account) and show proof of that research.
• If Kids, do the same for the impact on them.

 

[armoured]

There is no point in including a letter. It isn't enforceable.

I don't agree on this point - at least in the stronger form as stated here (that there is "no point" in including). A Letter of Intent, or communication of terms, or other similar, from a reputable company with a Canadian subsidiary/affiliate on company letterhead and signed by an appropriate Manager or HR department, is pretty good evidence of intent. It makes sense to include and will certainly not hurt, and more likely will help.

If the point was to underline that just having such a letter is not enough, fine - I do agree with that and your other suggestions here.

Note that such a letter should have at least some meaningful content: we have discussed a position in XX, prepared to consider an appointment, at least some reference to actual job level and compensation range even if not final (or that refers to in acc with local compensations packages), etc. A letter that just says "Bob we discussed your move to Toronto prepared to consider let's talk cheers Ted" is not serious. It would be perfectly normal for such a letter to say "subject to finalization and company approvals" and the like. A serious letter like this would be pretty strong evidence of intent - not proof, but intent.

"Enforceability" is beside the point - the requirements from IRCC are precisely to show intent, and the intent of the sponsor to return, not 'enforceability.' A lot, perhaps the vast majority, of preliminary job offers and arrangements (even with non-current employees ie regular job hunts) are not 'enforceable' except under a very narrow range of conditions - and almost all such letters I've seen will explicitly deny that it is enforceable (not a final offer, subject to such-and-such happening, etc) or only in very narrow senses.

And just as importantly - having such a letter also shows intent, and intent serious enough to have notified existing employer of intention to leave current place of employment, physically. It's not as strong as actually resigning of course. (Sure, an actual employment contract would be better but other evidence is still evidence of intent)

 

[Naheulbeuck]

I don't agree on this point - at least in the stronger form as stated here (that there is "no point" in including).

I read it more in the context of an answer to the previous suggestion:

"Provide a written and signed statement from each of you about your intent and maybe posts/emails/texts to friends and family about moving."

To this I would indeed respond, no offense, that there is no point in having that as your plan to show Intent. Especially with the recent history of people not travelling (you can see multiple current topics on people needed extension after extension) the requirements are much stronger than just a letter and maybe some emails/texts.

With this big picture in mind, no point.

The letter would be kinda necessary though as part of the package sent. Your letter should tie to your specific plan, i.e. quote/reference the other documents you attach:

We plan to move to this city, see attached job search (2a) and appartment search (2b), school research (2c).... so on and so forth for each step of your plan. A letter copy pasted from a website as to your intent (I "Anonymous" Intend to move to Canada as soon as I receive PR. Signed, "Anonymous")is pretty pointless in my opinion, a well crafted letter that highlights and details your actual, specific and personal situation and plan would however make for a strong case provided it has all the necessary supporting documentation.

 

[kkc1484]

I agree totally, as you go through and get closer, you will likely have more solid proof and should make sure to send those ASAP.

In the meantime, other proof of your intent would be to show job applications (if it is not possible with her current company and you don't yet have offers), to show some research of property, contacting an agent if you plan to buy. If you plan to lease, show your research, show where you plan to live, the potential places you've found, keep in mind the big picture, they want to see intent, just a letter is an easy copy paste from the internet, spending time, in concrete and reasonable research that shows you know the job market, the cost of living, that you look in a reasonable area based on your circumstances will help until you have more concrete plans. Here were some suggestion to someone else for intent.

• Research the period in that province where they would not have health coverage and obtain quotes, on paper, of coverage for them both for that period.
• If you plan to move stuff, get quotes, whether it is the extra luggage on flights or if in the US moving company quotes.
• Get PDF of the search for flights from where they live to the city they want to settle in in Canada.
• Get PDF of search of houses for rent or for sale in the city they want to settle in.
• If it is the same city as where she lived before leaving Canada proof of her living there (tax return, school whatever).
• Do research on the paperwork they will need to get (driver license equivalency, degree equivalency, opening a bank account) and show proof of that research.
• If Kids, do the same for the impact on them.

Thanks for a very detailed response Naheulbeuck. This is very helpful to plan for the issue at hand.