Curious about CIC recent request - Inland spousal PR application 2017-2018

[katnes14]

Hi everyone,


My husband and I have filed for permanent residency for him. I’m a citizen in Canada. We’ve been married 4 years. We were previously living in the US. We have filed inland.

We filed November 2017. Has submitted all the required documents, and have done the medical exam.

A couple weeks ago we were asked to submit proof of Canadian cohabitation. We sent this in.

Now we are asked to provide proof of maintained residence in Canada since we’ve filed. Like day to day banking. Our lawyer even says he’s never been asked by CIC for this

Has anyone else been asked for this? To provide proof of maintained residence? Especially after being asked for Canadian cohabitation proof??

 

[canuck_in_uk]

Hi everyone,


My husband and I have filed for permanent residency for him. I’m a citizen in Canada. We’ve been married 4 years. We were previously living in the US. We have filed inland.

We filed November 2017. Has submitted all the required documents, and have done the medical exam.

A couple weeks ago we were asked to submit proof of Canadian cohabitation. We sent this in.

Now we are asked to provide proof of maintained residence in Canada since we’ve filed. Like day to day banking. Our lawyer even says he’s never been asked by CIC for this

Has anyone else been asked for this? To provide proof of maintained residence? Especially after being asked for Canadian cohabitation proof??

Hi

Yes, people have been asked for such proof before, generally when IRCC suspects or know that they have been outside of Canada. Have you been out of Canada since applying?

 

[katnes14]

Hi

Yes, people have been asked for such proof before, generally when IRCC suspects or know that they have been outside of Canada. Have you been out of Canada since applying?

I wondered if this was the case as they also asked to provide a list and proof of any travel outside of Canada during this time.

Why do they care about this, are you not allowed to travel outside of Canada after filing? I know obviously if we were to just leave and not come back into country or be denied back in it would be a problem. But otherwise is it not okay to do so?

 

[canuck_in_uk]

I wondered if this was the case as they also asked to provide a list and proof of any travel outside of Canada during this time.

Why do they care about this, are you not allowed to travel outside of Canada after filing? I know obviously if we were to just leave and not come back into country or be denied back in it would be a problem. But otherwise is it not okay to do so?

A requirement of inland is that you be cohabiting in Canada for the entire process. This is why it is stated on the IRCC website that people should apply outland if they plan to travel out of Canada during the process.

You didn't answer the question about your time outside of Canada. That is the key bit of info to be able to evaluate the situation.

 

[katnes14]

A requirement of inland is that you be cohabiting in Canada for the entire process. This is why it is stated on the IRCC website that people should apply outland if they plan to travel out of Canada during the process.

You didn't answer the question about your time outside of Canada. That is the key bit of info to be able to evaluate the situation.

When we applied, we were home visiting, and then decided to while here to move.

with my husband still in Canada, I went back across border to get all of our stuff. When returning back to Canada I had trouble at the border, they asked where my husband was, and said I wasn’t allowed to file inland that our lawyer gave us bad information. And that he would have to come back across border and declare his intent to move and they were putting a note on his account.

Our lawyer advised that we cross back and do what they say as we didn’t want it to cause problems with our application.

We were across border for maybe a couple hours. And then went through Canada border again, where the girl said the note on the account was cancelled and that the other border had it wrong we didn’t need to cross back to declare anything, that sending in the application was declaring our intent to stay.

There not record of us leaving to do so save for that of what the border has.

Can this cause problems now because we had left for a few hours, even though it was demanded by border

 

[canuck_in_uk]

When we applied, we were home visiting, and then decided to while here to move.

with my husband still in Canada, I went back across border to get all of our stuff. When returning back to Canada I had trouble at the border, they asked where my husband was, and said I wasn’t allowed to file inland that our lawyer gave us bad information. And that he would have to come back across border and declare his intent to move and they were putting a note on his account.

Our lawyer advised that we cross back and do what they say as we didn’t want it to cause problems with our application.

We were across border for maybe a couple hours. And then went through Canada border again, where the girl said the note on the account was cancelled and that the other border had it wrong we didn’t need to cross back to declare anything, that sending in the application was declaring our intent to stay.

There not record of us leaving to do so save for that of what the border has.

Can this cause problems now because we had left for a few hours, even though it was demanded by border

If you were actually only gone for a few hours, there should be no problem.

 

[katnes14]

If you were actually only gone for a few hours, there should be no problem.

Would you still recommend to submit something saying that we left for a few hours? We don’t have any documentation that we were even gone to back it up

 

[canuck_in_uk]

Would you still recommend to submit something saying that we left for a few hours? We don’t have any documentation that we were even gone to back it up

As they have asked you for all travels, yes, you definitely need to mention it. IRCC can verify entries in the system, so it doesn't matter if you don't have documentation.

 

[katnes14]

As they have asked you for all travels, yes, you definitely need to mention it. IRCC can verify entries in the system, so it doesn't matter if you don't have documentation.

thank you for your response, this has been really helpful!

 

[katnes14]

As they have asked you for all travels, yes, you definitely need to mention it. IRCC can verify entries in the system, so it doesn't matter if you don't have documentation.

Do you think that they need an explanation for why we were out of country, or just something stating that we were out of country and for how long

 

[canuck_in_uk]

Do you think that they need an explanation for why we were out of country, or just something stating that we were out of country and for how long

Depends on the request. If they asked for dates, no. If they asked for details, yes.

 

[1887CAN]

Do you think that they need an explanation for why we were out of country, or just something stating that we were out of country and for how long

You can leave whilst the application is in process, it just isn’t recommended, partly for the reasons that you’re now experiencing. Some people in your position will be asked for proof of residency by IRCC, others won’t. Some people also get almost no questions from the CBSA when they re-enter, others get sent into secondary inspection for a more detailed examination.

If IRCC have a concern that you’re not living full time in Canada, they’ll request proof. If your are here full time, give them everything you can to satisfy their request. A lease/mortgage statement, credit card/banking statement that shows local transactions, etc. What made them request this info could be something to do with a note made by the CBSA on the immigration database, or it could be a random audit of applications. It could be that this is a common issue, that when a Canadian sponsors an American, there’s a high risk that they spend more time in the USA vs Canada. Nobody on here will really know. If you are in Canada almost all of the time, except for short occasional trips, you have nothing to worry about.

You are obligated to live together in Canada, when you’re being inland sponsored. That much is clear. But occasional trips to the USA does not equate to living there. Those shouldn’t pose an issue. My understanding of IRCC’s recommendation that you don’t leave Canada during processing, is due to the fact that they don’t have any control over admissions at the border. That’s entirely up to the CBSA. They’re a separate department, free to make whatever decision they please. If you aren’t readmitted after leaving Canada, your application will be considered abandoned and therefore, declined. So the advice is to stay in Canada until PR is approved.

When my OWP was issued, it comes with an eTA to allow travel by air to Canada. Yet the OWP states clearly that it doesn’t guarantee readmission, despite it being legal status to live and work in Canada unrestricted. That’s due to the fact that no-one other than PR holders and citizens, have the right of readmission. I doubt anyone with OWP would be refused admission, unless they’ve broken a rule/law, so I doubt it’s an issue. But there is never any guarantee until you hold PR status.

 

[katnes14]

Depends on the request. If they asked for dates, no. If they asked for details, yes.

Okay thanks so much for all your help and advise

 

[katnes14]

You can leave whilst the application is in process, it just isn’t recommended, partly for the reasons that you’re now experiencing. Some people in your position will be asked for proof of residency by IRCC, others won’t. Some people also get almost no questions from the CBSA when they re-enter, others get sent into secondary inspection for a more detailed examination.

If IRCC have a concern that you’re not living full time in Canada, they’ll request proof. If your are here full time, give them everything you can to satisfy their request. A lease/mortgage statement, credit card/banking statement that shows local transactions, etc. What made them request this info could be something to do with a note made by the CBSA on the immigration database, or it could be a random audit of applications. It could be that this is a common issue, that when a Canadian sponsors an American, there’s a high risk that they spend more time in the USA vs Canada. Nobody on here will really know. If you are in Canada almost all of the time, except for short occasional trips, you have nothing to worry about.

You are obligated to live together in Canada, when you’re being inland sponsored. That much is clear. But occasional trips to the USA does not equate to living there. Those shouldn’t pose an issue. My understanding of IRCC’s recommendation that you don’t leave Canada during processing, is due to the fact that they don’t have any control over admissions at the border. That’s entirely up to the CBSA. They’re a separate department, free to make whatever decision they please. If you aren’t readmitted after leaving Canada, your application will be considered abandoned and therefore, declined. So the advice is to stay in Canada until PR is approved.

When my OWP was issued, it comes with an eTA to allow travel by air to Canada. Yet the OWP states clearly that it doesn’t guarantee readmission, despite it being legal status to live and work in Canada unrestricted. That’s due to the fact that no-one other than PR holders and citizens, have the right of readmission. I doubt anyone with OWP would be refused admission, unless they’ve broken a rule/law, so I doubt it’s an issue. But there is never any guarantee until you hold PR status.

This is really informative and I appreciate your response! Thanks so much for your help!

 

[1887CAN]

This is really informative and I appreciate your response! Thanks so much for your help!

You’re welcome. My theory about dealing with IRCC, is that overkill isn’t a negative. Give lots and lots of information to satisfy any request they make. It’s better to send too much, than to make them request more, etc. Good luck!