Applied for PGP 2016. Moving to USA

[citizenship_seeker]

Hi,

I have applied for my mother under the PGP sponsorship program 2016. My application is within the cut off limit of 10,000. I am planning to move to USA this summer in July for a job. I will be maintaining ties with Canada and will maintain a home back in Canada. I will also most likely move back to Canada when my mother's PR is approved. But I do have a few questions regarding my application now:

1. Will CIC ask for further documentation from me to prove my financial ability to support my mother at a later point of time? If yes, then at what time?
2. I will be making much more in USA than I am in Canada and will definitely be filing taxes back in Canada. Will my US income be shown on my Notice of Assessment from CRA so that I show them that I meet the Least Income Cut off?
3. Will a tie of maintaining a home back in Canada be enough to prove that I am willing to come back to Canada. I will also be making at least one visit an year to Canada.

 

[scylla]

You must be physically living in Canada for the duration of application processing to continue to qualify to sponsor your mother. If CIC figures out you have left Canada, you should expect your application to be refused.

Yes - it's quite likely CIC will revisit your income at some point in the process. This is probably when the refusal will happen since they will see your income source as outside of the country.

Having ties to Canada is not sufficient. Physical residency is required.

So the short answer is that you should expect the application is going to be refused. That's the most likely outcome.

 

[citizenship_seeker]

I met an immigration lawyer and he told me the opposite. There is no clarity on any of the CIC documents regarding this. The only thing they mention is about me being present at the time of filing the application which I was. I am totally confused now. Forgot to mention that I am a Canadian citizen. Both me and my wife.

 

[Rob_TO]

I met an immigration lawyer and he told me the opposite. There is no clarity on any of the CIC documents regarding this. The only thing they mention is about me being present at the time of filing the application which I was. I am totally confused now.

Tell the lawyer he actually needs to read the CIC documents.

Income earned in the USA can count towards a parents sponsorship app, but only if it's earned while the sponsor is living in Canada
http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf
5.30. Financial requirements
Financial resources must originate from Canadian sources

5.31. Exceptions to Canadian income rule
The exceptions to the Canadian income rule are as follows:
• sponsors living in Canada who declare income from foreign sources on their
Canadian tax returns, can use this foreign income to meet the financial
requirements for sponsorship.

Plus as mentioned there is the general rule around residing in Canada in order to qualify to begin with to sponsor parents: http://www.cic.gc.ca/english/information/applications/guides/5772ETOC.asp
Sponsorship eligibility
In order to sponsor, you must…
-live in Canada;

 

[citizenship_seeker]

Thanks a lot for the information Rob_To . But then again, this is about the three years before I apply, at that time I was in Canada. I am also in Canada now and I have already sent my application and met the LICO requirements for now.

 

[Rob_TO]

Thanks a lot for the information Rob_To . But then again, this is about the three years before I apply, at that time I was in Canada. I have already sent my application and met the LICO requirements for now.

Where does it say this is only about 3 years previous? This is a general rule for income qualifying. As mentioned, CIC will check your income again later on in the process and you can expect same rules to apply.

Same with general eligibility, you need to qualify during entire process, not just at time you submit the app.

 

[scylla]

I met an immigration lawyer and he told me the opposite. There is no clarity on any of the CIC documents regarding this. The only thing they mention is about me being present at the time of filing the application which I was. I am totally confused now. Forgot to mention that I am a Canadian citizen. Both me and my wife.

The Canadian citizenship bit only helps you when you are sponsoring a spouse (it allows you to sponsor from outside of Canada). For parent / grandparent - you need to be living in Canada until the application is finalized. Yes - we have seen a number of refusals here where people were living in Canada when they sponsored and then left.

Can't help you with the lawyer. Maybe find a new one?

 

[citizenship_seeker]

The Canadian citizenship bit only helps you when you are sponsoring a spouse (it allows you to sponsor from outside of Canada). For parent / grandparent - you need to be living in Canada until the application is finalized. Yes - we have seen a number of refusals here where people were living in Canada when they sponsored and then left.

Can't help you with the lawyer. Maybe find a new one?

Yes, I will definitely talk to a different lawyer to get a second opinion. This one came highly recommended though. Thanks again for all the valuable information.