Family class concerns by immigration

[James W]

Mar. 1, 2019

Hi I am a Canadian citizen residing in Japan. My spouse is Japanese and I applied for her PR under the Family class. We also have three children and they all have Canadian citizenship. I moved my family to Canada in August 2017 and enrolled our children to local schools. I had filed my tax return for the first time in 20 years back in March 2017. So have been trying to set up a new life back in Toronto while handling my affairs in Japan. We finally completely the Family class application and submitted it in late Dec. 2018.

I just got a letter from immigration and they have thrown in some legal section something that I do not fully understand but I connotes that my application is inadmissible? Please clarify the letter below. What can I do? I am guessing that I haven't satisfied the officer with regards to my intent to move back.
In my application I stated that I would be moving back in June of 2019. Please tell me what I can still do? Should I scrap this application?

Thank you for your assistance!!

James




Your application states that your sponsor is a Canadian Citizen who is residing abroad. You must
satisfy a visa officer that your sponsor will reside in Canada at the time that you become a Permanent
Resident of Canada and you must become a Permanent Resident of Canada within the validity period
of your visa.

On the evidence submitted, I have concerns that your sponsor (and therefore you) will not be able to
satisfy the above requirements in the prescribed timeframe. In the documents that you have submitted
in support of your application, your sponsor has demonstrated strong establishment in Japan.
Moreover, you have provided limited information to disabuse me of these concerns. I, therefore, have
concerns that your sponsor does not meet the requirements as per R133(1)(a) with respect to
Case
subsection 130(2) of the Regulations. As a result, I have concerns that you do not meet the requirements of section 120 of the Regulations.
If your sponsor intends to continue residing outside Canada at the time that you become a Permanent Resident of Canada, you may wish to withdraw you application. You may re-apply at a time when you and your sponsor intend to reside in Canada. If your sponsor intends to reside outside Canada and you do not withdraw your application, processing will continue on your application and you may be refused.
The onus is on you to satisfy me that a permanent resident visa can be issued to you. I would therefore request that you send any information or documents which you consider might respond to this concern within 30 days of the date of this letter, your application will be assessed based on the information you have provided. This may result in your application being refused.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for a permanent residence, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a).
Please quote your complete application number on your correspondence and address your correspondence to:

 

[bkumar3]

As far as I know - you must remain in Canada during the entire process of the PR application as the sponsor.

 

[scylla]

As far as I know - you must remain in Canada during the entire process of the PR application as the sponsor.

No - not accurate. Only if the sponsor is a PR. In this case the sponsor is a citizen.

 

[James W]

Hello! I am returning to Canada in June because I have many affairs to handle in Japan before moving back. I have to submit my income tax to the Japanese government and wait for it so that I can get it translated to English for my Canadian accountant.

 

[scylla]

Mar. 1, 2019

Hi I am a Canadian citizen residing in Japan. My spouse is Japanese and I applied for her PR under the Family class. We also have three children and they all have Canadian citizenship. I moved my family to Canada in August 2017 and enrolled our children to local schools. I had filed my tax return for the first time in 20 years back in March 2017. So have been trying to set up a new life back in Toronto while handling my affairs in Japan. We finally completely the Family class application and submitted it in late Dec. 2018.

I just got a letter from immigration and they have thrown in some legal section something that I do not fully understand but I connotes that my application is inadmissible? Please clarify the letter below. What can I do? I am guessing that I haven't satisfied the officer with regards to my intent to move back.
In my application I stated that I would be moving back in June of 2019. Please tell me what I can still do? Should I scrap this application?

Thank you for your assistance!!

James




Your application states that your sponsor is a Canadian Citizen who is residing abroad. You must
satisfy a visa officer that your sponsor will reside in Canada at the time that you become a Permanent
Resident of Canada and you must become a Permanent Resident of Canada within the validity period
of your visa.

On the evidence submitted, I have concerns that your sponsor (and therefore you) will not be able to
satisfy the above requirements in the prescribed timeframe. In the documents that you have submitted
in support of your application, your sponsor has demonstrated strong establishment in Japan.
Moreover, you have provided limited information to disabuse me of these concerns. I, therefore, have
concerns that your sponsor does not meet the requirements as per R133(1)(a) with respect to
Case
subsection 130(2) of the Regulations. As a result, I have concerns that you do not meet the requirements of section 120 of the Regulations.
If your sponsor intends to continue residing outside Canada at the time that you become a Permanent Resident of Canada, you may wish to withdraw you application. You may re-apply at a time when you and your sponsor intend to reside in Canada. If your sponsor intends to reside outside Canada and you do not withdraw your application, processing will continue on your application and you may be refused.
The onus is on you to satisfy me that a permanent resident visa can be issued to you. I would therefore request that you send any information or documents which you consider might respond to this concern within 30 days of the date of this letter, your application will be assessed based on the information you have provided. This may result in your application being refused.
Please note that if it is found that you have engaged in misrepresentation in submitting your application for a permanent residence, you may be found to be inadmissible under section 40(1)(a) of the Immigration and Refugee Protection Act. A finding of such inadmissibility would render you inadmissible to Canada for a period of five years according to section 40(2)(a).
Please quote your complete application number on your correspondence and address your correspondence to:

They are looking for evidence that you are establishing ties to Canada and will move here once your wife's PR visa has been approved. You have very strong ties to Japan - so you need to work a bit harder to prove you really have plans to relocate to Canada. Is there anything else you have done other than enrolling your children in school and filing taxes? Do you have any assets or property in Canada? Do you have a job offer in Canada or have you met with any recruiters? Or maybe worked with a real estate agent on finding a property once you are here? That's the sort of evidence they are generally looking for to respond to the concerns raised.

 

[James W]

They are looking for evidence that you are establishing ties to Canada and will move here once your wife's PR visa has been approved. You have very strong ties to Japan - so you need to work a bit harder to prove you really have plans to relocate to Canada. Is there anything else you have done other than enrolling your children in school and filing taxes? Do you have any assets or property in Canada? Do you have a job offer in Canada or have you met with any recruiters? Or maybe worked with a real estate agent on finding a property once you are here? That's the sort of evidence they are generally looking for to respond to the concerns raised.

Oh I see! Thank you very much!

 

[canuck78]

Also sounds like you are still spending significant time in Japan and your business is there. It seems like your wife and children are the ones who have settled in Canada. The most important thing is for you to be settled in Canada, You did things in a weird order. Your family moved 2 years ago but you are still spending time in Japan.

 

[James W]

Also sounds like you are still spending significant time in Japan and your business is there. It seems like your wife and children are the ones who have settled in Canada. The most important thing is for you to be settled in Canada, You did things in a weird order. Your family moved 2 years ago but you are still spending time in Japan.

Yes it sure sounds that way! I have been living in Japan for twenty years so gathering documents for the Family Class and doing it right was a challenge. I also have my business that I need to close down. So I guess I need to prove that I am tied to Canada.

Thanks for your input!

 

[Hurlabrick]

I too had to prove intent to return to Canada, having left as a very young teenager with my parents then lived for over 40 years in the UK! I managed it.

- I sent letters from various friends and relatives saying how I had spoken to them of my desire to return.
- Sent financial reports from both my UK Financial Adviser and a Canadian cousin who was also a financial adviser along the lines of 'as you are planning to return to Canada, these are the things you need to consider financially as regards your assets and investments.
- Details of the FOREX transfer account I set up and prints of transfers I had already made to Canada
- Details of the Canadian bank account and credit cards I opened in advance for the move
- Copies of boarding passes and a list of trips to Canada I had made to decide where to live etc.
- Links to posts I had made on various internet forums with detailed questions about Canada
- My Canadian SIN number I set up
- Moving quotes I obtained to ship our furniture
- A detailed, multi-page 'to do list' (Excel) with start and end dates and status of each entry of my detailed plans of what I needed to do both leading up to the move to Canada and in the first 6 months to establish myself in Canada
- My budget estimates of the costs of each of the activities and items above
- Letter from a Canadian tax adviser who was going to help me file my first few Canadian tax returns.
- Explanation of why NOW was the time for me to move (imminent retirement, so no job to hold me in the UK etc.).

It must have worked, coz I got no queries and I am sat here in London, Ontario looking out at my snow covered front lawn!!

 

[canuck78]

Most have closed down business or are in the process of closing down business/leaving jobs when they apply for sponsorship.

 

[Hurlabrick]

Most have closed down business or are in the process of closing down business/leaving jobs when they apply for sponsorship.

Spot on I think. For me, it was impending early retirement and the steps I had taken to secure lifetime post-retirement income and prove it that 'swung' my case.

What you can't do is 'when you approve my application, then I will do xxxxxx' - they need to see concrete steps you have already taken on a timeline of months not years I suggest????