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How to demonstrate intent to settle in Canada

humdinger

Newbie
Mar 17, 2014
2
0
Hi,

I'm applying for PR in Canada as the common-law partner of a Canadian citizen. Our sponsorship application has been in processing for almost a year now (submitted early April 2013). I am a US citizen. We lived together in another country (neither US nor Canada) when we submitted the application. I got a job in the US which allowed me to work remotely and support both of us, and so in June 2013 my partner quit her job and we went to Canada. I declared dual intent at the border. They examined the copies of our sponsorship application, determined it was legit, determined I could support both of us from my US job, and gave me a visitor record saying I could enter as a visitor until June 2014, and they said if the application took longer than that I should renew the visitor's visa.

Fast-forward to today. My partner has had trouble finding a job in her field in Canada and is not employed. My job is still supporting both of us but my partner is sick of not working. The application is taking longer than the expected processing time at the time we submitted it (11 months). Two weeks ago they asked for the medical exam and more documents proving that we still lived together, leading me to believe that it could take any number of additional months. This week my partner got offered a good job in her field in the US. Neither of us really want to live in the US, but it would be a smart career move for her to take the job and stay for 12-18 months, because they are willing to train her in skills that companies here in Canada in her field are asking for, which would increase her odds of getting a good job in Canada. After 12-18 months we would go back to Canada, and hopefully by that time I would be a PR.

However, we are afraid that if she takes a job outside Canada, then we are not demonstrating intent to settle in Canada anymore, and the sponsorship application will be denied. How likely is this? How can we prove that we still intend to settle in Canada?
 

Sweden

VIP Member
Mar 31, 2012
4,186
179
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
12/04/2012
File Transfer...
13/07/2012
Med's Done....
02/02/2012
Interview........
Waived
Passport Req..
Exempt
VISA ISSUED...
05/11/12, received in Canada 19/11/12
LANDED..........
24/11/12, PR card received 30/01/12
It's a tricky question... because you're already in Canada, so you've proved that indeed you intend to settle in... but opportunities are presenting themselves elsewhere.

If you've been approved already as a sponsor (well, your partner), most likely you won't be ask for more proofs of willing to establish yourself in Canada. If you're not asked for anything your partner could go to the US and get trained there, and you could maintain some links (become a PR, open a bank account, maybe get a Canadian credit card so you start building credit in Canada etc.). BUt if you're a PR already - you won't be asked again about your intent to be in Canada...

The best scenario would be that they receive your medical exams, the proofs that you still live together (and that you're in Canada), and issue your PR. After that - there is nothing preventing you from going to the US for 12 to 18 months, you wouldn't have an issue maintaining your PR status (2 years out of 5 with the current legislation).

If you want to be on the safe side: your partner could go to the US and start her training, and you stay in Canada. Once you receive your PR, you land, become a PR, then move to the US to be with your partner... and come back to Canada once she is done with her training. Not ideal, as you would be separated for a little bit, but probably the safest.

Good luck,
Sweden
 

humdinger

Newbie
Mar 17, 2014
2
0
Thanks for your advice!

One question though - I'd be afraid that living apart for a few months would be even more likely to get the sponsorship application denied. I guess intent to settle in Canada is harder to prove or disprove than whether you are living with your partner or not...