Exclusively Living Outside Canada?

[zeushk]

Perhaps, it is clearer for us, or me, that is. I am a Canadian since 1978. Back in 1999, I moved back to Hong Kong, and declared non-resident for both income tax reason and medical reasons. I am still a Canadian and use the Canadian passport if i go to "more dangerous" countries. However, this is not automatic that you become non resident. and thus living exclusively outside canada. I believe that it is more clear cut for us. The disadvantage is obvious, we get no benefits until I am back for 6 months, at which time, it will revert back to resident. On the other hand, when we were here in Hong Kong, we did not have to report our income to Canada, unlike our friends, who want to pay both Canadian and Hong Kong's income tax! Hope this helps.

 

[cveja]

Hi to all!

I am Canadian citizen who lived last 6years abroad, but constantly 'visiting' Canada for month or two each year. Since I have my bank account active, and repaying my student loan (amongst other factors), I have been considered to have residential ties to Canada. I do my taxes in Canada.
However, I don't know if CIC has similar 'rules' for determining who is 'exclusively' living in Canada or outside.
This is crucial for my application to sponsor my spouse, as I don't know how to proceed with it, when it comes to my 'permanent residency' status. (like many of you here on the forum)
Namely, it gets particularly complicated as I returned to Canada almost a year ago, spent 6months with my wife in Canada where we gave birth to our son, and then before her visitor visa expiration, we left Canada to apply for her status outside of the country. I was working while in Canada and was under contract. So I could leave the country for an extended period. The job is waiting for me in Canada, but I want to stay with my wife (still breastfeeding our Canadian son) while she gets her PR.
So, to cut to the chase, my BIG question is similar to some previously asked: am I considered being 'a Canadian citizen living 'exclusively outside Canada???
The fact is that I spend 2months each year being in Canada, @ my parents house (with this address on all of my documents); so literally I do live in Canada as well (especially having residental -tax- ties )? Does this matter?
OR.. the question 4 in IMM1344E (section sponsor eligibility declaration), puts me clearly into 'exclusive' outsider as I don't reside in Canada ONLY...
I know I can be still eligible for sponsorship, as long as I provide evidence/proof of coming to Canada as soon as my wife gets her PR... but that in itself is a tricky part, as shown in some of your posts!


And finally, what would happen, if I decide to go back to Canada, right after the application is sent, and spend a few months there, than come back to Europe, to see my wife and son..and keep doing this until she gets her papers?! Am I 'exclusive' outsider or insider to Canada??? ))

My most recent thoughts are: not to answer this 'ambiguous' question, but rather put a star with a note that says: please refer to special sheet - explanatory letter; in which I would explain my situation (as portrayed) above...
I would also put additional letter from my parents and a letter of my previous/current employer ... and perhaps another letter just to say that I want my Canadian born son to grow up in a stable, organized, healthy and socially safe country...

If anyone knows more about this, any immigration principles on determining the 'residency (ties)', please let me know asap, as I need to send my application soon.

THANKS A LOT!

Kind regards to all users of this great forum!

 

[canadianwoman]

I would say you are not living exclusively outside Canada. However, I would also attach a sheet of paper to the form explaining your living situation as you explained it here.

 

[bk.lw]

I would say you are not living exclusively outside Canada. However, I would also attach a sheet of paper to the form explaining your living situation as you explained it here.

I think you're right. I am going to attach another sheet of paper and explaining my situation. Thank you for making this clearer for me.

 

[mrscruz]

Hi, I am a Canadian who is in the process of completing all the documents for the permanent residency application. My husband is a Mexican citizen and resides in Mexico. I currently reside in Canada and have done so all my life. After submitting our application I hope to go to Mexico for 6 months. Doing so may require me to quit my job in Canada if a leave of absence is not approved. Would leaving Canada for six months impact my application? Should I send a letter with the application explaining my intent?

 

[crassy]

This may help people who have questions regarding intent to return to Canada. I asked this very question of the immigration people in Sydney and this was their reply:

My question:
3. Form IMM5540E - Question 11 asks if I am currently living in Canada. I am not. It asks when I plan to resume residency and I have no idea what to put here. I plan to resume residency if/when my husband is approved for permanent residency. As for a date...I have no clue! I also don't have proof of any intentions to re-establish in Canada other than a letter from my parents saying we have a place to stay until we find employment. Out of curiosity, if the immigration process can take over a year (and may not even be approved), how could anyone have job offers or rental agreements?

Their answer:
You can just indicate your intention to return - sometimes emails from previous employers indicate a position opening, sometimes there are leases in place or there is an offer at a university etc. You do not have to include additional information here, other than what you have advised.

 

[canadianwoman]

Hi, I am a Canadian who is in the process of completing all the documents for the permanent residency application. My husband is a Mexican citizen and resides in Mexico. I currently reside in Canada and have done so all my life. After submitting our application I hope to go to Mexico for 6 months. Doing so may require me to quit my job in Canada if a leave of absence is not approved. Would leaving Canada for six months impact my application? Should I send a letter with the application explaining my intent?

6 months would be an extended visit, not a change of residence. You are planning to come back to Canada after 6 months, which will probably be before your husband gets his visa. In this case I do not think you have to tell the visa office this. However, it is proof that your marriage is genuine. Keep proof of your visit, and if there is an interview your husband can show it to the visa officer then.

 

[bagelbagel81]

This may help people who have questions regarding intent to return to Canada. I asked this very question of the immigration people in Sydney and this was their reply:

My question:
3. Form IMM5540E - Question 11 asks if I am currently living in Canada. I am not. It asks when I plan to resume residency and I have no idea what to put here. I plan to resume residency if/when my husband is approved for permanent residency. As for a date...I have no clue! I also don't have proof of any intentions to re-establish in Canada other than a letter from my parents saying we have a place to stay until we find employment. Out of curiosity, if the immigration process can take over a year (and may not even be approved), how could anyone have job offers or rental agreements?

Their answer:
You can just indicate your intention to return - sometimes emails from previous employers indicate a position opening, sometimes there are leases in place or there is an offer at a university etc. You do not have to include additional information here, other than what you have advised.

Thanks crassy - I am also going though Sydney VO (living in Sydney) and this info is really helpful!
I had already sent extra evidence' of intent to reside in Canada, but it wasn't anything that strong - just screen captures of flight itineraries and online quote for relocations company. It's a strange one, because it is hard to prove your plans when there are hardly any in place as a result of not knowing when you will get the VISA!

 

[CanadianHala]

I'm a Canadian born (Canadian citizen), but haven't lived in Canada, got married outside Canada and decided to return back to Canada with my husband. I came to Canada alone to try to establish, stayed with my brother who is an international student. I issued my SIN, my driving license, opened a bank account, bought a cell phone number and tried to look for a job and contact companies.

The sponsorship from inside Canada takes a lot of time , so I'm thinking about going back to my husband and apply from outside Canada. My proof of intentions to come to Canada will be the SIN, driving license, bank account and, job fairs and staffing agencies mails.

I want to reunite with my husband as soon as possible and live in Canada.

Would this, applying from outside Canada idea, be a good choice?

 

[canadianwoman]

Applying from outside Canada means an 'outland' application. This you can do while the sponsor is in Canada - the sponsor does not have to be outside of Canada. In fact, if the sponsor stays in Canada it will make the application easier, since you will then not have to prove you will return to Canada.

You are a Canadian citizen, so you can sponsor your spouse while you are living outside of Canada. However, sometimes these applications are rejected because the visa officer does not believe the sponsor will return to Canada to live when the applicant gets the PR visa. A sponsor who has lived for a long time outside of Canada will have to provide more proof of intent to return than someone who was raised in Canada but has left for only a couple of years.

 

[blondie1216]

I'm a Canadian born (Canadian citizen), but haven't lived in Canada, got married outside Canada and decided to return back to Canada with my husband. I came to Canada alone to try to establish, stayed with my brother who is an international student. I issued my SIN, my driving license, opened a bank account, bought a cell phone number and tried to look for a job and contact companies.

The sponsorship from inside Canada takes a lot of time , so I'm thinking about going back to my husband and apply from outside Canada. My proof of intentions to come to Canada will be the SIN, driving license, bank account and, job fairs and staffing agencies mails.

I want to reunite with my husband as soon as possible and live in Canada.

Would this, applying from outside Canada idea, be a good choice?

I think you may want to consider applying from within.. Depending on our VO.. Inland has moved from 19+ months to 14.

 

[blondie1216]

I am also a Canadian citizen who has never lived in Canada. I use to go to Canada every year when I was young and went back in 2009 got my sin card and checked out places. I sent letters from families, emails, from places I've applied to and emails from Landlords about Apartments for rent.. My problem which can be explainable is a definite date.. How do you give one if you don't know how long this process will take?