Crayon7 said:
That why I don't get it basically they seemed to look at application as if it is inland or something.
And they said in June he is approved as sponsor and now basically said he is not?
This is exactly what they said unless I understand it wrong or something
Subsection 130(1)(b) states that, subject to subsection (2) a sponsor for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of remember of family class must be a Canadian citizen or permanent resident that resides in Canada.
From the evidence submitted I am satisfied that your sponsor does not reside in Canada and didn't not so on the day on which the application was filed and from that day until the day a decision was made in respect to the application. Accordingly he does not meet requirements of subsection (1)(b) of the regulations. As a result you do not meet the requirements of section 120
I don't know what's MP we were filling application ourselves
Unless you and your husband really want to stay in the UK longer, I'd encourage you to appeal. Provide solid wrap up plan of your current setups in the UK and show the plan you have for the new life in Canada.
Your husband qualifying as a sponsor is one thing, for CIC to believe he would indeed resume residency and move back to Canada is another matter. Therefore, merely approving his sponsorship qualification is independent from further inquiring about his intention to move back.
Do you want to share what proofs you provide to convince the VO in September your husband will indeed move back to Canada? Job resignation plan, selling of property plan, shipping of personal effects quote, air ticket receipt, etc?
When you filed your application, what date did your husband put as "When you do plan to return to Canada to resume your residency?" on Form 5540? If that date has already past and your husband is still in the UK, that's a big turn off.
Just to share with you my case, I'm citizen living abroad sponsoring my wife, I've put April 1, 2017 as intended date of resuming residency. I've been checking my notes every month, all criminality, eligibility, medical PASSED way back in November but the file is simply sitting there without making any progress. My new notes will come next week, I'd not be surprised if VO will be curious to know what's my plan of resuming residency.
