CIC asking for my paystub and I am not currently employed

[Sunay oza]

I submitted my wife's PR file under family class in October 2020.

In November 2020, I resigned my job and choose professional truck driving as a new profession. I completed my full-time course and got my trucking license in Feb 2021.

Before I start my new job as a professional driver I decided to visit my wife for 3 months as obviously she's in India and PR processing time could be longer than usual because of covid-19.

Now, CIC is asking for my latest paystub and I am currently unemployed.
What should I do ?

 

[armoured]

Now, CIC is asking for my latest paystub and I am currently unemployed.
What should I do ?

Are you in Canada? Are you a PR or citizen?

 

[Sunay oza]

Currently I'm in India. I am PR since Jan 2020.

 

[armoured]

Currently I'm in India. I am PR since Jan 2020.

If you were physically in Canada or a citizen, I'd say just submit a letter from new employer saying you will start on such-and-such a day. (With eg short letter of explanation and proof you'd completed the training).

But as a PR, to sponsor, you need to be resident in Canada - 'short business or personal trips' abroad are okay.

There's a more detailed discussion with links here:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/leaving-canada-temporarily-while-spouses-pr-outland-is-in-progress-sponser-being-pr-and-sponsorship-eligibility-is-approved.696170/

Therefore, no-one can tell you. The risk is that if you respond while abroad, IRCC will determine you left for more than a short trip and are not resident in Canada (acc to meaning of the legislation and regulations).

I personally think the only safe way to respond is to return to Canada FIRST and only after returning provide such a letter as discussed above. But the issue and how strictly IRCC will approach the question of residency is not entirely clear. And this is just my personal opinion.

Obviously complicated by new India flight restrictions and the time constraints on replying.

You will have to decide how to respond. Good luck.

 

[screech339]

If you were physically in Canada or a citizen, I'd say just submit a letter from new employer saying you will start on such-and-such a day. (With eg short letter of explanation and proof you'd completed the training).

But as a PR, to sponsor, you need to be resident in Canada - 'short business or personal trips' abroad are okay.

There's a more detailed discussion with links here:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/leaving-canada-temporarily-while-spouses-pr-outland-is-in-progress-sponser-being-pr-and-sponsorship-eligibility-is-approved.696170/

Therefore, no-one can tell you. The risk is that if you respond while abroad, IRCC will determine you left for more than a short trip and are not resident in Canada (acc to meaning of the legislation and regulations).

I personally think the only safe way to respond is to return to Canada FIRST and only after returning provide such a letter as discussed above. But the issue and how strictly IRCC will approach the question of residency is not entirely clear. And this is just my personal opinion.

Obviously complicated by new India flight restrictions and the time constraints on replying.

You will have to decide how to respond. Good luck.

This issue now is that Canada has suspended all flights from India for 30 days at least. Can be longer depending on number of cases in India. The OP is now stuck in India. He should not have left Canada in the first place during covid pandemic. The risk of being unable to return is just seems too high. Now the OP's risk has gotten considerable worst, now unable to return to Canada. Using the excuse that the processing time will be long due to covid is no excuse to leave Canada for 3 months, especially for a PR whose requirement is to remain in Canada. Had the OP left for a 2-3 weeks instead of 3 months, OP would have been able to return to Canada long before flights from India got suspended.

I understand the need to be with their spouses but being unemployed and leaving Canada for 3 months doesn't absolve the OP's responsibly to follow the rules, OP could have his family support him for the short term until the spouse has landed,

 

[canuck78]

IRCC likely already knows you are outside Canada which is why they are asking for your latest pay stub. Would suggest being honest about where you are but that is likely to lead to sponsorship denial..

 

[scylla]

I submitted my wife's PR file under family class in October 2020.

In November 2020, I resigned my job and choose professional truck driving as a new profession. I completed my full-time course and got my trucking license in Feb 2021.

Before I start my new job as a professional driver I decided to visit my wife for 3 months as obviously she's in India and PR processing time could be longer than usual because of covid-19.

Now, CIC is asking for my latest paystub and I am currently unemployed.
What should I do ?

You have no choice but to tell IRCC that you are currently unemployed.

 

[Sunay oza]

You have no choice but to tell IRCC that you are currently unemployed.

I totally understand that I have no choice but to tell the truth that currently I'm in India and unemployed.

Will ircc just reject my file ?

Or could VO put my file aside for couple of months if I explain the whole scenario why I choose to visit India, and as soon as flight starts I will come back to Canada and get employed as I am professional driver which is highly demanded profession in Canada.

 

[scylla]

I totally understand that I have no choice but to tell the truth that currently I'm in India and unemployed.

Will ircc just reject my file ?

Or could VO put my file aside for couple of months if I explain the whole scenario why I choose to visit India, and as soon as flight starts I will come back to Canada and get employed as I am professional driver which is highly demanded profession in Canada.

It's impossible for us to say. PRs are supposed to be living in Canada to qualify to sponsor. The officer may give you a break or they might not.

 

[screech339]

I totally understand that I have no choice but to tell the truth that currently I'm in India and unemployed.

Will ircc just reject my file ?

Or could VO put my file aside for couple of months if I explain the whole scenario why I choose to visit India, and as soon as flight starts I will come back to Canada and get employed as I am professional driver which is highly demanded profession in Canada.

Changes are that they will reject the application on account of you being outside Canada, Not saying they won't reject either, They can't make exception to the rules by setting aside your application until you return because of your choice to leave. You were expected to remain in Canada.

 

[armoured]

IRCC likely already knows you are outside Canada which is why they are asking for your latest pay stub. Would suggest being honest about where you are but that is likely to lead to sponsorship denial..

Basically that is the most likely explanation. IF the poster is able to return to Canada before replying (and giving whatever support information is available after arriving), there might be less risk it will just be denied. But of course, given the time restrictions on replying, that may not be feasible. (And it may not work at all)

 

[his*marty]

I submitted my wife's PR file under family class in October 2020.

In November 2020, I resigned my job and choose professional truck driving as a new profession. I completed my full-time course and got my trucking license in Feb 2021.

Before I start my new job as a professional driver I decided to visit my wife for 3 months as obviously she's in India and PR processing time could be longer than usual because of covid-19.

Now, CIC is asking for my latest paystub and I am currently unemployed.
What should I do ?

any updates on your situation?