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Immigration Forms: "Residing vs. Living"?

HockeyDude

Newbie
Apr 16, 2018
4
0
Background: I am Canadian by birth, my wife of 2+ years is Japanese, I am applying to sponsor her for PR. We have a daughter. I am currently physically living in Japan with my wife and daughter, but maintaining a residence, have a full time job (working remotely) and paying taxes in Canada (at my parents' house). We plan to move to Canada approximately in Summer 2019 or as soon as we can obtain PR for her.

The various forms in the PR application ask with varying degrees of ambiguity where I am living/residing. I am not sure exactly how to answer all of them. I did a search and found this helpful answer (from 10 years ago): https://www.canadavisa.com/canada-immigration-discussion-board/threads/what-classifies-residing-in-other-countries.9912/#post-34156
So as far as I understand it, I should say that I am residing in Canada legally but anytime they ask for my current address I should say it's the Japanese address where I am currently staying. For example, when it asks if I am currently living with my wife I should answer Yes.

However, there is one question on IMM 5532, Part A, question 6: Residence in Canada: Do you live in Canada now? If not, When did you last live in Canada? When do you plan to return to Canada to resume residence?

It seems they are asking about legal residence here, which means I should answer yes, I am living in Canada. However, my current address is in Japan, and I say I am living with my wife at the Japanese address, so it seems to be a contradiction. That makes me think I should really answer No for this question.

Can anyone clarify this? In particular, do the answers I am giving below make sense? Thank you.
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I'll just detail all the places in the various forms where they ask about my address or current living situation:

IMM5406: Additional Family information. Present address: Japan address

IMM1344: Application to sponsor, sponsorship agreement and undertaking
Part 1
Sponsor contact information

1. Current mailing address: Japan address
2. Residential address: Canada address
Sponsor residency declaration
Are you a Canadian living exclusively outside Canada? No
Sponsor eligibility assessment
3. Are you sponsoring a member of the family class or a member of the spouse or common-law partner in Canada class? Yes
4. Do you reside in Canada and in no other country? Yes
If you answered No, but are a Canadian citizen living exclusively outside Canada, you still may be eligible to sponsor.

IMM 5532: Relationship Information and Sponsorship Evaluation
Part A: Sponsorship evaluation and information about the sponsor
5. Address history Include Japan address
6. Residence in Canada
Do you live in Canada now? No
When did you last live in Canada? April 2017
When do you plan to return to Canada to resume residence? June 2019

IMM 5533: Document Checklist
SPOUSE (Including Children)
Part B - Supporting Documents Required
Supporting Documents for Sponsor
2. Are you (the sponsor) a Canadian citizen living outside Canada? Yes
If you (the sponsor) answered yes, provide proof that you will live in Canada with your spouse (and if applicable, their dependent children) once he/she/they become(s) (a) permanent resident(s) of Canada.

Supporting Documents for sponsored persons (Principle applicant and all family members)
7. Proof of relationship to sponsor
a)
Are you and your spouse currently living together? Yes
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Background: I am Canadian by birth, my wife of 2+ years is Japanese, I am applying to sponsor her for PR. We have a daughter. I am currently physically living in Japan with my wife and daughter, but maintaining a residence, have a full time job (working remotely) and paying taxes in Canada (at my parents' house). We plan to move to Canada approximately in Summer 2019 or as soon as we can obtain PR for her.

The various forms in the PR application ask with varying degrees of ambiguity where I am living/residing. I am not sure exactly how to answer all of them. I did a search and found this helpful answer (from 10 years ago): https://www.canadavisa.com/canada-immigration-discussion-board/threads/what-classifies-residing-in-other-countries.9912/#post-34156
So as far as I understand it, I should say that I am residing in Canada legally but anytime they ask for my current address I should say it's the Japanese address where I am currently staying. For example, when it asks if I am currently living with my wife I should answer Yes.

However, there is one question on IMM 5532, Part A, question 6: Residence in Canada: Do you live in Canada now? If not, When did you last live in Canada? When do you plan to return to Canada to resume residence?

It seems they are asking about legal residence here, which means I should answer yes, I am living in Canada. However, my current address is in Japan, and I say I am living with my wife at the Japanese address, so it seems to be a contradiction. That makes me think I should really answer No for this question.

Can anyone clarify this? In particular, do the answers I am giving below make sense? Thank you.
----------------------------------------------------------------------------------------------------------------------------------------
I'll just detail all the places in the various forms where they ask about my address or current living situation:

IMM5406: Additional Family information. Present address: Japan address

IMM1344: Application to sponsor, sponsorship agreement and undertaking
Part 1
Sponsor contact information

1. Current mailing address: Japan address
2. Residential address: Canada address
Sponsor residency declaration
Are you a Canadian living exclusively outside Canada? No
Sponsor eligibility assessment
3. Are you sponsoring a member of the family class or a member of the spouse or common-law partner in Canada class? Yes
4. Do you reside in Canada and in no other country? Yes
If you answered No, but are a Canadian citizen living exclusively outside Canada, you still may be eligible to sponsor.

IMM 5532: Relationship Information and Sponsorship Evaluation
Part A: Sponsorship evaluation and information about the sponsor
5. Address history Include Japan address
6. Residence in Canada
Do you live in Canada now? No
When did you last live in Canada? April 2017
When do you plan to return to Canada to resume residence? June 2019

IMM 5533: Document Checklist
SPOUSE (Including Children)
Part B - Supporting Documents Required
Supporting Documents for Sponsor
2. Are you (the sponsor) a Canadian citizen living outside Canada? Yes
If you (the sponsor) answered yes, provide proof that you will live in Canada with your spouse (and if applicable, their dependent children) once he/she/they become(s) (a) permanent resident(s) of Canada.

Supporting Documents for sponsored persons (Principle applicant and all family members)
7. Proof of relationship to sponsor
a)
Are you and your spouse currently living together? Yes
Don't make it complicated. You are living and residing in Japan.
 
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HockeyDude

Newbie
Apr 16, 2018
4
0
Don't make it complicated. You are living and residing in Japan.
I have a full time job in Canada. "If you answer no to any questions from 1 to 4, you are not eligible to be a sponsor. You should NOT submit your application. 4. Do you reside is Canada and no other country? If you answered "NO" but are a Canadian citizen living exclusively outside Canada, you may still be eligible to sponsor." So, you are suggesting I put that I am living exclusively outside Canada. How can I do that if I have a full time job and paying taxes in Canada?
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
I have a full time job in Canada. "If you answer no to any questions from 1 to 4, you are not eligible to be a sponsor. You should NOT submit your application. 4. Do you reside is Canada and no other country? If you answered "NO" but are a Canadian citizen living exclusively outside Canada, you may still be eligible to sponsor." So, you are suggesting I put that I am living exclusively outside Canada. How can I do that if I have a full time job and paying taxes in Canada?
If your full-time job was in the US and you were paying taxes in the US, would you consider yourself living/residing in the US?

You live in Japan. You are still eligible to sponsor your spouse. The only difference is that you need to prove that you will be returning to live in Canada, which shouldn't be an issue for your situation.
 

HockeyDude

Newbie
Apr 16, 2018
4
0
If your full-time job was in the US and you were paying taxes in the US, would you consider yourself living/residing in the US?

You live in Japan. You are still eligible to sponsor your spouse. The only difference is that you need to prove that you will be returning to live in Canada, which shouldn't be an issue for your situation.
Thanks for your replies. My confusion is about the word "exclusively". I don't feel like I am living "exclusively" outside Canada, but I agree it does make everything easier if I say that. I just wonder - is there any legal explanation of these terms, or some official resource that can explain them better? Or any way to contact immigration Canada to ask them for clarity? Cheers
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Thanks for your replies. My confusion is about the word "exclusively". I don't feel like I am living "exclusively" outside Canada, but I agree it does make everything easier if I say that. I just wonder - is there any legal explanation of these terms, or some official resource that can explain them better? Or any way to contact immigration Canada to ask them for clarity? Cheers
Lol, if only there were proper explanations for everything that IRCC says or if only they had properly trained Call Centre staff that could answer actual questions. Alas, there are not and they don't because that would just make it too easy on all of us.