Ambiguity on Exclusively residing outside of Canada

[DonYuan47]

Hi All,

I hope someone could offer me some advice on my current situation.

I am a Canadian citizen. I have been living with my wife (married last year) since June.2010 in Shanghai. From 2010 to now, I am working in Shanghai on temporary working visa ( has to be renewed every year). I file Canadian tax every year, in fact I just filed for 2012. Am I fall into the category of "exclusively residing outside of Canada"? (IMM1344)

From reading some old posts, there are people suggesting that I should choose residing in Canada since I am paying for Canadian tax and still is considered having residency in Canada. If I do so, would it be conflicted by answering "currently not living in Canada" on Q11 of IMM5540.

Secondly, I am having trouble providing job offer or mortgage on property for the proof of my intention to re-establish in Canada. Since I am in Shanghai, it would be very difficult for me to get interviewed and get hired by firms in Toronto. It is difficult to land desired job in my field.(asset management). As for purchasing our new home, I have enough money for down payment for a house, but I assume I would never get a mortgage in Canada without a job. So I have to get a job in Canada first before buying a place. My wife and I plan to temporarily live with my parents in Toronto, so would my parents' letter of confirmation for my stay count as proof.

Thank you for all your help.

 

[canadianwoman]

Residency in Canada for tax purposes is not the same as residency in Canada for immigration purposes.

You've been living in China for two years now, so the visa officer processing your file is going to consider you to be living outside of Canada, and will expect to see evidence of your intent to return to Canada. If you don't say you are living outside of Canada and thus don't submit any proof of your return, the visa officer will still see that you are and just ask for this proof later, which will delay your application.

You are living outside Canada, so even if you could make an argument that you are not really living exclusively outside Canada, it would be simpler to just say you are and submit the proof needed with the application.

A letter from family members offering you and your wife a place to stay when you first get back is good proof. So is a detailed plan of everything you will do to resettle, including what you will have to do in China: such as quit your job (a letter from your boss acknowledging you are leaving would help, though might be difficult to get), arrange for things to be shipped to Canada, looking into opportunities in Canada for yourself and your wife, etc.

 

[DonYuan47]

Thank you for your good advice.

 

[steaky]

Secondly, I am having trouble providing job offer or mortgage on property for the proof of my intention to re-establish in Canada. Since I am in Shanghai, it would be very difficult for me to get interviewed and get hired by firms in Toronto. It is difficult to land desired job in my field.(asset management). As for purchasing our new home, I have enough money for down payment for a house, but I assume I would never get a mortgage in Canada without a job. So I have to get a job in Canada first before buying a place. My wife and I plan to temporarily live with my parents in Toronto, so would my parents' letter of confirmation for my stay count as proof.

Thank you for all your help.

That's not true. Earning foreign salary income is not a problem for getting mortgage in Canada. You should really get in touch with a mortgage specialist in Canada.

 

[DonYuan47]

Wow, I never knew this. I will talk to a mortgage staff soon. Thanks.