Exclusively Living Outside Canada?

[bk.lw]

I am a born Canadian Citizen applying for my common-law partners PR. I am confused about my status as living exclusively outside of Canada.


My situation:

I have been living in Australia on a tourist visa for the last 8 months. Prior I was in Canada working for 4 1/2 months. Prior to that I was on a Working Holiday Visa in Australia for 1 year. So in the last two years I have been in Canada for 4 months. I still have bank accounts but own no property. I am confused because if I am considered living exclusively inside of Canada how could I show any income if I have been on a tourist visa for 8 months? I can show the 4 1/2 months worked in my tax returns but that's it. Clearly that income would not be sufficient. I could show my Australian income for the year prior but know that they will except foreign income.

This is extremely frustrating as the only reason I am in Australia is to be with my partner. We have been together for 4/12 years, 2 1/2 in Canada and 2 years in Australia. We do not want to be separated as we have been together for so long. We are a part of each others lives in every way and to be separated as we did for those 4 months is really unbearable. Also my parents have both wanted to co-sign or sponsor my partner. They each earn over $150,000 a year and could obviously prove their ability to sponsor him but I believe this is not an option.


Does anyone have any advice
A) Am I living exclusively inside or outside Canada?
B) If I am deemed living exclusively inside Canada, how I can possibly show my financial ability to Sponsor

 

[MissDominica]

The "living exclusively outside of Canada" is a confusing grey area (I was in same position as you) - BUT if you have been in Australia for 8 months and plan to stay there during your application, I would say you would be considered living exclusively outside of Canada.

- I was a student in the Caribbean who became involved in a CL relationship there for over a year (after
studies) and I was considered living outside Canada.

As far as financially, you don't have to meet a particular income level because you are sponsoring a common-law/spouse. Having no job in Canada will not be your problem - your problem will be proving your intent to return to Canada when PR is issued. The only way a Canadian citizen can sponsor while living outside of Canada is if they can prove to Immigration that they will be coming to live in Canada as soon as their partner is issued their PR. They ask for several "proofs" such as job offers (for future date you will be returning), etc. However, it's very hard to get the stuff they want - because you do not know exact dates you will have to return (How can you apply for a job and have a letter if you don't know when you'll be in Canada?!)

Anyway, to make life easier (or harder ), I ended up returning to Canada and left my CL partner in the caribbean while our application is being processed. Now I am no longer living outside of Canada exclusively. However, when I was still considering applying from abroad, some proofs I had considered to "prove that I intended to return to Canada when my partner's PR was issued" were the following:

- Lease (showing that lease would end at certain date and I would be returning then)
- DETAILED letter explaining how I planned to return with my spouse when he was issued PR and how we
had family to support us while we got jobs (include info on where you want to work, what jobs you both
will be looking into, what sources you will use to find jobs, etc. Also, include letters from parents or
someone who can support you upon your immediate return if necessary)
- If you have a friend/employer who can write you a letter saying they'd hire you when you return that's
great too.
- Proof of ties to Canada (ie. that you filed your taxes in Canada this year, any property/bank accounts in
Canada, family ties, etc)


None of this is the hard evidence they ask for but there are several stories of people using this as "proof to return" and getting approved as sponsors...

Good luck

 

[silverdelt]

I am in a similar situation - living outside Canada for a while now with my spouse and baby. I initiated the sponsorship case for my spouse from outside Canada thinking they would never approve my sponsorship application because I had been living abroad but my sponsorship case got approved and then they transferred the PR file here.

My question is: Although I have already been approved as a sponsor, would the Canadian High Commission here still raise an objection regarding my intent on returning to Canada? They did ask us for proof of intent (e.g. job offer, university admission, house lease, etc.) but the only thing I could show them was my e-mails to Canadian recruiters and headhunters asking them to find me jobs there. This is the same "proof of intent" that I originally submitted as part of my sponsorship application which got approved. Can the High Commission still raise objections? What's the point of getting aproved as a sponsor then?

Your thoughts on this?

 

[Fencesitter]

Yes, this is the big concern for a lot of us who are living exclusively outside of Canada. If they allow Canadian citizens to sponsor while living abroad, then CIC needs to be, and probably is, realistic when it comes to proof of intent to return to Canada.

If you can't get the proof they require to show intent to return, then the next best thing is to show proof that you are preparing for the move home.

For me, I have a solid job offer in Canada, and I am also a registered student at a Canadian university. I have also provided correspondence with realtors and mortgage specialists enquiring about property in the city where we will be living (addressed to both of us). Also, I have letters from my parents saying we can stay with them and letters from other family members and friends stating they know of our plans to relocate to Canada (all this in addition to a 5 page detailed account of our plans for the move to Canada).

Aside from that, I have also prepared other evidence to prove that we are getting ready for the move, such as the following: signed and stamped pet relocation contract with a paid deposit, exit permit for our son, shipping quotation, flight quotation, further plans for my wife's employment in Canada, etc...and we also prepared a very detailed relocation budget covering all major expenses - house, car, insurance, furniture, etc...

How could they possibly think my intention to return home with my wife and son is not legit? I am doing everything I possibly can to prepare. The only two things I can't do is resign from my current employer (I am the only one with an income), and buy the plane tickets (don't know the date they will issue the visa). They HAVE to be flexible. There is no way they can expect us to have everything packed and ready when the HK visa office is currently at 17 months....

Just prepare as much as you can and be very detailed. That, in itself, proves your intent is real.

Good luck!

FS

 

[canadianwoman]

My question is: Although I have already been approved as a sponsor, would the Canadian High Commission here still raise an objection regarding my intent on returning to Canada?

Evem though you have been approved as a sponsor, the visa officer processing the file at the Canadian High Commission can still decide you have not submitted enough proof of intent to return. If he/she does decide this, they will ask you to submit more proof, not just reject the application outright.

 

[tahsinmohammad]

My case is same as well.I am living outside Canada since 4-5 yrs and applied for my Spouse PR.I got approved as sponsor and file got transferred to New Delhi for further processing..

I attached a two page letter of intent to live in Canada after my spouse gets her PR.I am tax payer in Canada since 3 yrs as I have some stock options.Will this help ?

 

[silverdelt]

Evem though you have been approved as a sponsor, the visa officer processing the file at the Canadian High Commission can still decide you have not submitted enough proof of intent to return. If he/she does decide this, they will ask you to submit more proof, not just reject the application outright.

I am hoping you are right - I have seen evidence of this as well in the form of a letter they issue allowing 60 days to prove intent, however, I just got a "decision made" status on ecas without a PPR letter so far - which is not what traditionally happens...so I'm preparing myself for the worst now :S

 

[Fencesitter]

Do you have children together?

I think having a child is a very good reason for wanting to return to Canada. I don't know too many people who would choose to raise their child in a third world country. Some do, of course, but a lot of friends who have had children moved back home shortly after giving birth.

FS

 

[silverdelt]

Do you have children together?

I think having a child is a very good reason for wanting to return to Canada. I don't know too many people who would choose to raise their child in a third world country. Some do, of course, but a lot of friends who have had children moved back home shortly after giving birth.

FS

Yes we do, a one year old for whom I also applied for and received his Canadian passport a couple of months ago. I absolutely agree that it is a good and valid reason because for us it actually IS the major reason - but I wonder if the CHC sees it that way. Based on my research so far, Decision Made without PPR is not a good sign...so I'll have to wait and see what the outcome is.

 

[Fencesitter]

Same for us. If you've ever been to mainland China you'd know why we want out and why we refuse to raise our son here...POLLUTION!! All types of pollution...it's disgusting...nothing can be trusted here...food quality...what quality? Yeah, this is all for our son...and we made that perfectly clear in the evidence we supplied to CIC.

FS

 

[steaky]

But there is always people who likes to return to China after meeting the requirements for Canadian citizenship and raise their children, despite the pollution and food quality.

 

[Fencesitter]

Sure.

To each their own I suppose, but for us, we want our son to grow up in a developed country. We are so tired of worrying about food quality, pollution, education, health care, etc...etc...

I know people who have raised their kids over here, but I get the sneaky suspicion they are doing it for themselves and not their children. In other words, their priorities are out of wack, at least from my perspective.

Nah, China is not a place to raise kids, IMHO. Visit, sure, stay long term, no thanks!

FS

 

[bk.lw]

The "living exclusively outside of Canada" is a confusing grey area (I was in same position as you) - BUT if you have been in Australia for 8 months and plan to stay there during your application, I would say you would be considered living exclusively outside of Canada.

- I was a student in the Caribbean who became involved in a CL relationship there for over a year (after
studies) and I was considered living outside Canada.

As far as financially, you don't have to meet a particular income level because you are sponsoring a common-law/spouse. Having no job in Canada will not be your problem - your problem will be proving your intent to return to Canada when PR is issued. The only way a Canadian citizen can sponsor while living outside of Canada is if they can prove to Immigration that they will be coming to live in Canada as soon as their partner is issued their PR. They ask for several "proofs" such as job offers (for future date you will be returning), etc. However, it's very hard to get the stuff they want - because you do not know exact dates you will have to return (How can you apply for a job and have a letter if you don't know when you'll be in Canada?!)

Anyway, to make life easier (or harder ), I ended up returning to Canada and left my CL partner in the caribbean while our application is being processed. Now I am no longer living outside of Canada exclusively. However, when I was still considering applying from abroad, some proofs I had considered to "prove that I intended to return to Canada when my partner's PR was issued" were the following:

- Lease (showing that lease would end at certain date and I would be returning then)
- DETAILED letter explaining how I planned to return with my spouse when he was issued PR and how we
had family to support us while we got jobs (include info on where you want to work, what jobs you both
will be looking into, what sources you will use to find jobs, etc. Also, include letters from parents or
someone who can support you upon your immediate return if necessary)
- If you have a friend/employer who can write you a letter saying they'd hire you when you return that's
great too.
- Proof of ties to Canada (ie. that you filed your taxes in Canada this year, any property/bank accounts in
Canada, family ties, etc)


None of this is the hard evidence they ask for but there are several stories of people using this as "proof to return" and getting approved as sponsors...

Good luck

Thank you for the help, I have since realized I do not have to prove or meet the financial requirement which is one thing off my shoulders. I am in a very tricky situation because my visa for Australia is up and I HAVE to leave. My sister is having a baby and lives in Shanghai so I am going there for 3 months and then back to Australia for 1 month to visit my partner before I have to go back to Canada. We are trying to get all the documents, police certificates etc as fast as possible so we can lodge it before I leave Australia. I am still iffy on if I should put I am exclusively living outside of Canada if I am returning to Canada fairly soon without my partner. If I say I am living in Canada but am abroad traveling when I lodge my visa is that acceptable? I'm sorry for asking so many questions but it's a bit overwhelming at times.

 

[Fencesitter]

If you have an address in Canada and a basically just travelling, not living in a country, then I think it's better to say that you are living in Canada.

FS

 

[bk.lw]

If you have an address in Canada and a basically just travelling, not living in a country, then I think it's better to say that you are living in Canada.

FS

I've been here for 8 months and won't return to Canada for another 4 months, but I have no job and am on a tourist visa. I live with my partner but I have a Canadian address, always file my taxes etc. I wonder if that is acceptable though to not be Canada when you lodge it.