How to declare yourself a non-resident Canadian citizen?

[theedge]

Hi,

I asked a similar question a few months back but anyway i got some more info from CIC so i'm just wondering...

I'm about to send my application but I am still abroad. I've been trying to get some clear answer from CIC and have been unsuccessful
If I have been abroad for 1 year and a half but I'm not working or studying abroad can I still apply while abroad?
I have a business visa but I'm not doing any business at the moment. I don't have any proof of income or anything because I quit my job when I left Canada back in 2010. I read in the guide from CIC that Canadian abroad that are tourist cannot sponsor from abroad.

Now I'm sponsoring my wife so can anyone advise? no dependent children or anything.

Thanks all

 

[wilson]

Send a PM to LEON. He will be helpful

 

[theedge]

Thanks I sent him a PM but if anyone has any advise please dont be shy

Thank you!

 

[Leon]

They do say if you are either living in Canada or living exclusively outside Canada, you can sponsor. You do not actually need to be a student or have a job to sponsor as far as I know.

If you are exclusively living outside Canada at this point, you also must show plans to return when your spouse gets the PR. These plans can include having a job offer, acceptance to college, having arranged housing or at the very least some letters from friends and family saying they know of your plans and will let you stay while you look for a place. You should also write up some of your plans even if you don't have proof. Things like where you plan to live, what kind of work you and your spouse will look for etc.

 

[theedge]

Thanks Leon,

I will get letters from my parents and friends stating they would help us with housing etc and makes plan like you said! thanks again

 

[canadianwoman]

You can sponsor while abroad as a tourist. In that case you are still a resident of Canada. You can also say you are living abroad; you can then sponsor without having to declare yourself a non-resident of Canada. That is really for income tax purposes. Just say you are living in Singapore (right?). If you do so, you will then have to show proof you will return to Canada to live.

 

[theedge]

Thanks! but in the guide they say that if your a tourist in another country you can't sponsor from abroad. What I'm thinking is that they mean you can't sponsor someone while your vacationing for 2-3 months right? anyway since its been over a year I think I can do it from abroad. Ill send the papers and post here to tell you if I was accepted as a sponsor or not.
Thanks again

 

[toby]

Thanks! but in the guide they say that if your a tourist in another country you can't sponsor from abroad. What I'm thinking is that they mean you can't sponsor someone while your vacationing for 2-3 months right? anyway since its been over a year I think I can do it from abroad. Ill send the papers and post here to tell you if I was accepted as a sponsor or not.
Thanks again

I agree with your reasoning. "Tourists" don't normally stay outside Canada for 1.5 years. You are a non-resident for immigration purposes, since you now factually reside elsewhere, i.e. have your abode elsewhere, and don't have a residence in Canada. You could not, for example, join a provincial health plan since you don't spend the requisite 6+ months per year in any province. (Note: being a resident for tax purposes is a different issue, and is measured differently.)

As others have stated, your issue is to prove your intention to return to Canada once a PR visa is granted, which you would not have to do if you were in fact still considered a Canadian resident. This is not a difficult thing to do. In fact, I have not heard of anyone that CIC has refused as a sponsor.

The one problem I see is to show income. While a spouse-sponsor is not required to earn a minimum level of income, for purposes of being a sponsor, CIC does ask about income, so it must be important for other reasons. During our interview in Hong Kong, I was again asked about my income.

 

[canadianwoman]

but in the guide they say that if your a tourist in another country you can't sponsor from abroad.

Where does it say this?
In any case, I think CIC means that if you are a tourist, you are still a resident of Canada, in which case you can send in the application, but it won't be that you are sponsoring from abroad. You are sponsoring from Canada, you just happen to be out of the country for a couple of weeks. Since you have been out of the country for more than a year, this doesn't apply to you. They will certainly expect you to prove you will be moving back to Canada.

You're on a business visa, so CIC won't think you are a tourist in any case.

 

[theedge]

I agree with your reasoning. "Tourists" don't normally stay outside Canada for 1.5 years. You are a non-resident for immigration purposes, since you now factually reside elsewhere, i.e. have your abode elsewhere, and don't have a residence in Canada. You could not, for example, join a provincial health plan since you don't spend the requisite 6+ months per year in any province. (Note: being a resident for tax purposes is a different issue, and is measured differently.)

As others have stated, your issue is to prove your intention to return to Canada once a PR visa is granted, which you would not have to do if you were in fact still considered a Canadian resident. This is not a difficult thing to do. In fact, I have not heard of anyone that CIC has refused as a sponsor.

The one problem I see is to show income. While a spouse-sponsor is not required to earn a minimum level of income, for purposes of being a sponsor, CIC does ask about income, so it must be important for other reasons. During our interview in Hong Kong, I was again asked about my income.

Thanks! About your income what do you mean? Because, like you said, I know that I don't need a minimum level of income to sponsor my spouse but I'm asking myself if I still need an income...I don't have one at the moment and I'm abroad so ... but where I'm living the cost of life is really low so it hasn't been a problem.

 

[theedge]

Where does it say this?
In any case, I think CIC means that if you are a tourist, you are still a resident of Canada, in which case you can send in the application, but it won't be that you are sponsoring from abroad. You are sponsoring from Canada, you just happen to be out of the country for a couple of weeks. Since you have been out of the country for more than a year, this doesn't apply to you. They will certainly expect you to prove you will be moving back to Canada.

You're on a business visa, so CIC won't think you are a tourist in any case.

Canadian citizens not residing in Canada may sponsor their spouse, common-law partner, conjugal partner and/or dependent children who have no dependent children of their own. Canadians travelling abroad as tourists are not considered to be residing outside Canada.

That's in the sponsor's guide page 8. Anyway like you said I think that since I've been away for so long...it shouldn't be a problem...hopefully



Ah and another question. If I would get accepted as a sponsor while abroad and I decide to go back to Canada while the app. is being processed...Would that be bad? do I have to notify them?
What about if it's the opposite (IE: I go back to Canada get a job,file my application to sponsor while I'm in Canada and then after a few months when the application was accepted, I go back to VN)

Thanks!!

 

[steaky]

Thanks! About your income what do you mean? Because, like you said, I know that I don't need a minimum level of income to sponsor my spouse but I'm asking myself if I still need an income...I don't have one at the moment and I'm abroad so ... but where I'm living the cost of life is really low so it hasn't been a problem.

Well, CIC still want to see if you can support yourself and your spouse in Canada. You may want say things like you would looking for job once you are in Canada, etc.

 

[canadianwoman]

Canadian citizens not residing in Canada may sponsor their spouse, common-law partner, conjugal partner and/or dependent children who have no dependent children of their own. Canadians travelling abroad as tourists are not considered to be residing outside Canada.

That doesn't mean tourists can't sponsor - it means if you are a tourist, you are not considered to be residing outside Canada, so the ruling about Canadians residing abroad doesn't apply to you. So a tourist can sponsor - and will fill out the application with their Canadian residential address. Basically, if you are a Canadian citizen, you can sponsor from anywhere.

Ah and another question. If I would get accepted as a sponsor while abroad and I decide to go back to Canada while the app. is being processed...Would that be bad? do I have to notify them?

It is good, and you should definitely notify them, and also send them proof of your reentry to Canada, your residence, and your job. This is because people can be rejected if the visa officer doesn't believe the sponsor will return to Canada. If you have actually gone back, the VO doesn't have to worry about your evidence you will return to Canada.

What about if it's the opposite (IE: I go back to Canada get a job,file my application to sponsor while I'm in Canada and then after a few months when the application was accepted, I go back to VN)

If you didn't inform them of this, the applicant could say at the interview that you are just visiting her. I would tell them this, simply because evidence the two of you live together is good evidence the relationship is genuine. The visa officer would then want proof you will return to Canada, though.

 

[toby]

Thanks! About your income what do you mean? Because, like you said, I know that I don't need a minimum level of income to sponsor my spouse but I'm asking myself if I still need an income...I don't have one at the moment and I'm abroad so ... but where I'm living the cost of life is really low so it hasn't been a problem.

In the application to be a sponsor, CIC asks about your income. And the VO who interviewed my wife called me in to the interview room to ask a few questions, one of which was about my income.

 

[theedge]

Thanks to everyone!

Thanks canadianwoman for clarifying that situation! I misinterpreted it haha

Toby, he asked about your income because it was low or nonexistent? or just asked about it to verify his papers?

Steaky, yea thats what ill do if I don't have any job when I send the papers, I will add a letter from someone who owns a shop and that person will state that she will hire me when I come back!