canadianwoman said:
For example, a Canadian could sponsor his or her spouse, then intend to leave Canada as soon as the spouse lands. The couple then goes to live in some other country.
But this all comes back to the sponsor still, as where the sponsor goes... the spouse would assume to follow. And there is already an intensive check done on the sponsor's motives to return to Canada if they are currently living abroad. The process followed by CPC-M is here: http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf
5.10. Sponsors residing abroad
Sponsors residing abroad must meet the requirements in the following table:
•must satisfy immigration officials that they will reside in Canada once their spouse, common-law or conjugal partner and dependent children become permanent residents in Canada
13.2. Residency requirements for sponsors
In assessing residency requirements for sponsorship purposes the IRB Appeal Division ruled that a sponsor must maintain a significant connection to Canada. Officers should consider whether the prospective sponsor:
• maintains a residence in Canada;
• has spouse and/or children resident in Canada;
• has assets in Canada;
• pays Canadian income tax on global income;
• visits Canada regularly;
• maintains investments, bank accounts, health insurance or club memberships in Canada.
Sponsors may be found ineligible to sponsor if:
• they maintain residences in two countries at the same time;
• they have a house in Canada, but work abroad;
• they have interrupted their residence in Canada or spend little time in Canada. Foreign stamps or post marks on the envelope, a foreign employer or the sponsor's non-Canadian address are indications the sponsor may not be residing in Canada;
• there is evidence that they will leave Canada soon after the sponsored applicant becomes a permanent resident. Sponsors must satisfy an officer they will continue to reside in Canada after the member of the family class becomes a
permanent resident;
• sponsors are not ineligible if they take short holidays or business trips outside Canada.
13.3. Sponsorship by Canadian citizens living abroad
The following applies to Canadian citizens living abroad:
• sponsors must provide evidence that they will reside in Canada after the sponsored persons and their family members become permanent residents.Evidence that sponsors will reside in Canada may include one or more of the following:
• letter from an employer;
• letter of acceptance to a Canadian educational institution;
• proof of having rented/bought a dwelling in Canada;
• reasonable plans for re-establishing in Canada or severing ties to the other country.
Again this is just going by the operating manuals the VOs follow. According to the manuals, once a sponsor is approved by passing all the checkpoints listed, then it should be taken as fact that they (and by extension their spouse/partner) intend to live in Canada. There is no place at all in the manuals where the VO is supposed to assess an
applicant's intention to move to Canada, without taking the sponsor into account.
Now i'm not saying this isn't done (as obviously it is on occasion), just that the manuals and application forms don't show it. Perhaps this will become the norm soon in which case the CIC should adjust the manuals accordingly, and ask specific questions in the application that have to do with proving an applicant's intention to move here. If there was ever a case where a stage 2 VO denied an applicant because they thought they weren't going to move to Canada, i can't see how it would possibly stand up on appeal since all operation manuals, and the fact the sponsor was approved in the first place, should make it an invalid reason for refusal at stage 2.
