HELP! Permanent Resident Sponsor living outside of Canada

[saamaj]

Hi everyone,
Im a permanent resident sponsoring my husband, we filed our application Jan,30,2013....but I didn't know that permanent residence aren't allowed to reside outside Canada while sponsoring, I have been living in Germany since we filed the application.. I have received the sponsor approval already, but im afraid they will refuse the application now..
does anybody know what I should do, or has anybody been in the same situation, would be glad for any help!

 

[Sweden]

Go back to Canada as soon as possible, as the VO will also look at your current residence as a sponsor and they will deny your application since you're not in Canada.
Sweden

 

[saamaj]

thanks for the quick reply sweden,
also on my application I wrote that I live at an address in Canada,my parents address since we were renting theyre basement, can the VO still find out that im currently living in Germany? what do you think?

 

[brightredscream]

Lying isn't worth it. If you're found out, you'll be denied.
You have to provide proof of residence, job etc to give them proof that you are in Canada

 

[Sweden]

What I think is: you have committed mis-representation by saying that you live in Canada while you're not. If CIC finds out, the sponsorship will be denied and mis-representation is a crime. You can say that you didn't know that you had to be in Canada, but CIC won't believe you - it's written clearly on CIC website. http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

in the guideline for sponsor:

If I live outside Canada, may I sponsor?

If you are a Canadian citizen, you may sponsor a spouse, a common-law partner or conjugal partner, or a dependent child who has no children of his or her own. However, you must demonstrate that you will live in Canada when the sponsored person becomes a permanent resident.

Note: Permanent residents residing abroad may not sponsor from outside of Canada. Canadian citizens travelling as tourists are not considered to be residing abroad.--------------------------------------------------------------------------------

So - go back to Canada now! don't wait until they find out. You got lucky, don't try your luck. The earlier you go back to Canada, the better. THe more you wait, the bigger the risk. Also at some point your file will be entered in the system, and the border officers will be able to see that you have a sponsorship on-going. As a PR, you're supposed to be in Canada. You might not be asked at the border, because you are allowed to go for short visits, but it should not be more than 2 or 3 weeks.
Your application has been filed end of January - you're taking a risk by staying out of Canada. It sucks being away from your partner, but that's better than doing something illegal.

 

[saamaj]

hey thanx guys I don't know who to believe the cic website says I cant stay here,
but I just called the immigration office in Canada that helped me file my application, and the woman there told me, that im allowed to reside in Germany because that just proves that im in a genuine relationship and that we cant live apart because we also have a child together, she said as long as I have prove of intend to move to back to Canada I should be fine... and if I get a letter or message from the VO I should tell them just that and I should be fine...so I don't know what to believe since on the internet it states clearly I cant be here!!!....so im planning to contact my VO and ask them hopefully I can reach them :/

 

[saamaj]

to Sweden..i didn't misresprent at the time I was still living there, because I was pregnant and awaiting my first child while my husband was in Germany but when my baby was 3 month, I wanted to be here so our family could be together, I never thought that, that wasn't allowed, do you know what I mean? I never meant to misrepresent..

 

[scylla]

hey thanx guys I don't know who to believe the cic website says I cant stay here,
but I just called the immigration office in Canada that helped me file my application, and the woman there told me, that im allowed to reside in Germany because that just proves that im in a genuine relationship and that we cant live apart because we also have a child together, she said as long as I have prove of intend to move to back to Canada I should be fine... and if I get a letter or message from the VO I should tell them just that and I should be fine...so I don't know what to believe since on the internet it states clearly I cant be here!!!....so im planning to contact my VO and ask them hopefully I can reach them :/

This is bad information. Unfortunately the call centre frequently gives out bad information. The rule that the woman mentioned (being allowed to sponsor from outside of Canada as long as you can prove you have an intent to return to Canada) applies to citizens only. Since you are a PR, you must be living in Canada to qualify to sponsor. Occassional short (2-3 week) trips outside of Canada are fine. Anything longer, and you risk having the application refused due to your non-residency in Canada. And yes - we have certainly seen cases here where a file has been refused for that very reason. I would return to Canada as soon as you possibly can.

 

[laura8388]

Possibly the immigration office you spoke to were under the impression you were a CITIZEN, in which case she was not necessarily wrong.

Although as you are a PERMANENT RESIDENT then you must be in Canada to sponsor.

Good luck

 

[saamaj]

thanks I believe too that she has given me bad information, but I don't want to leave my husband, so im going to try to reach cic and make sure if I have to go back then I will let you know what they said, I hope I can stay

 

[saamaj]

to laura8388, I made sure she knows i'm a permanent resident I told her several times so she wouldn't tell me wrong info...

 

[Sweden]

Hey,

I understand what you're saying, and I understand that you didn't mean to - but to CIC it doesn't matter, as it's your duty to be informed of the rules.
Now - the immigration office that you used is WRONG. Just plain wrong. As a PR, you HAVE TO be residing in Canada to be able to sponsor your husband.
you would be allowed to be in Germany if you were a citizen, but not as a PR. If you get a letter from the VO and you tell them that - they will deny the sponsorship, maybe investigate further and you might get in trouble for your own PR as it is misrepresentation, whether you intend it or not.
I wouldn't advise you to contact the VO - I would recommend you go back to Canada and hope that the VO doesn't find out that you were in Germany for all that time.
Sweden

 

[Sweden]

thanks I believe too that she has given me bad information, but I don't want to leave my husband, so im going to try to reach cic and make sure if I have to go back then I will let you know what they said, I hope I can stay

Up to you - but if you contact the VO they will tell you the same, and it might have consequences for your own PR. See my previous message.

 

[RDT]

to laura8388, I made sure she knows i'm a permanent resident I told her several times so she wouldn't tell me wrong info...

Hi Saamaj,

I wanted to know what happened to your husband's PR application? Did you guys get everything done without any hurdle? My husband is Canadian PR and lives in Canada and I live in US and he sponsored me - our file is in process but now we wanted to live together, so can he come and stay with me in US for 3-4 days every week or may be few months? Or he has to be inside Canada only? CIC agents say he has to be inside 730 days out of 5 years period to be considered as residing in Canada. So, we are confused. Please reply asap!

 

[Japan]

Hi

This is a very useful forum. Thanks to all that contribute.

A question about Canadian passport holder living overseas while sponsoring wife in Canada.

Similar situation here.
Canadian passport holder living overseas.
Married 18 years ago. Daughter born in Canada 16 years ago. Has a Canadian passport.
Wife has moved back with high school daughter due to school requirements. Currently has a 6 months visitor visa which we will extend.
They live in a house we own in Canada. I am currently supporting them working overseas until visa has gone through or possibility of work in Canada develops.

If you are a Canadian citizen, you may sponsor a spouse, a common-law partner or conjugal partner, or a dependent child who has no children of his or her own. However, you must demonstrate that you will live in Canada when the sponsored person becomes a permanent resident.

Therefore based on above would I would like to apply from in Canada class so she can get a work visa earlier.
however If you do not live in Canada, DO NOT use this form. Very confusing.

what class can I apply outland or inland and what forms.

thanks in advance.
tdrow.