Intention to reside in Canada with spouse

[Armin7788]

Hi to all,
I know that a Canadian citizen living outside canada can sponsor his/her spouse by showing the intend to come back to canada. I have no problem with that since I can easily show that intention because I am going to rent an apratment. My problem is that I want to come back to where we are located right now to work after my spouse get the visa and land in canada and I plan to visit her regularly. This is because my spouse wants to go to school in Canada and I can't leave my job in near future. Let's say they buy the story and my spouse get the visa and land. In application they say you "MUST" reside in canada while your spouse get the visa. My question is: in reality, will they enforce this "MUST"? Do you know of anyone who get in trouble after landing because spouse who had shown the indend to reside in Canada left Canada after spouse had landed or basically anyone can change his /her intention anytime? Please don't advise me about sham marriage or something like that, because we have been married for 7 years right now and this is a true marriage. I just want my spouse goes to canada and study there and get his citizenship. Do you think she can face any problem in future when applying for citizenship / or when applying for PR card renewal if leave canada and live with me?
Thanks

 

[Baloo]

I don't think it is just about showing intention to move back.

You will have read the CIC site, it says:
"Canadian citizens living exclusively outside of Canada may submit a sponsorship for their spouse, common-law partner or conjugal partner and their children who have no children of their own. They must, however, come to Canada to reside with the sponsored person. "

As the Canadian Citizen you would have to fill out the Residency Declaration.

I don't know anyone who tried to not be with their spouse when they landed.
I think that if you did not return to Canada then you will be in breach of the rules.

Why not make it simple and get your spouse to apply for study visa for Canada.

IMHO "sham marriages" are a hot topic at present, what you are proposing may not be a sham, but it may be seen as a bit strange that you would plan to be apart like this.
What would you think if you were the IO investigating?

I guess that you know it looks a bit odd, otherwise you wouldn't be asking the questions.


Do you want to take the risk that you may get caught at a later date?

 

[Armin7788]

Thanks for your reply Baloo.

But you didn't get the point. I will accompany my wife and will be with her for 1 or 2 months and then get back to my own country. Any time in future I can say I change my mind because of better job position outside Canada. Anyone is free to change his/her intention in future isn't it?

I am not sking about how strange it is. I am asking about if they will check in future- after landing- whether we are residing with each other or not (comapre it to United States; which they check ) and if not that's it. If I can satisfy the officer with my documents that I wil move back to canada and s/he buys that, then I see nothing will happen in future, right? Because EVEN if someone gets divorced after landing , currently CIC can do nothing about it, can they?

We are not going to get divorced. I love my wife and she loves me too. At this point, we decide after 7 years , she continues her studies in Canada and I continue to work in our country. The student visa is pointless here because she will easily get refused due to immigration intention (having a Canadian husband).
Thanks

 

[SimpleMan]

If you don't move and live with your spouse in Canada, and you just go back to your current country of residence, then you will be in violation of the conditions, and this would cause your spouse problems when she applies for citizenship or when applying for PR card renewal, or even when if CBSA agent find out that you don't reside in Canada when you come and visit your spouse.

I know of one of my friends from the UK who tried to do something similar about 8 years ago, and his wife did not get her Canadian citizenship until now and her case is stuck, and he gets in trouble with the CBSA every time he lands in Toronto airport.

If your spouse gets her PR visa, then you MUST come to Canada to reside with your spouse. CIC are very strict these days.

 

[SimpleMan]

CIC has the power to rescind PR if there was any misrepresentation or intentionally giving false information to obtain it. Even, they can come after someone who got their Canadian citizenship after many years if they find out there was a misrepresentation in getting the original PR.

 

[Baloo]

Thanks for your reply Baloo.

But you didn't get the point. I will accompany my wife and will be with her for 1 or 2 months and then get back to my own country.

Actually, I did get the point

Any time in future I can say I change my mind because of better job position outside Canada. Anyone is free to change his/her intention in future isn't it?

You can, but there may be consequences.

I am not sking about how strange it is. I am asking about if they will check in future- after landing- whether we are residing with each other or not (comapre it to United States; which they check ) and if not that's it. If I can satisfy the officer with my documents that I wil move back to canada and s/he buys that, then I see nothing will happen in future, right? Because EVEN if someone gets divorced after landing , currently CIC can do nothing about it, can they?

I pointed out "strange" because that is what immigration will look at.
They can do something about it, they may not, but they can.

We are not going to get divorced. I love my wife and she loves me too. At this point, we decide after 7 years , she continues her studies in Canada and I continue to work in our country. The student visa is pointless here because she will easily get refused due to immigration intention (having a Canadian husband).
Thanks

Whatever way you play it, follow the rules.

 

[matthewc]

You might get away with it.

However, the rules are clear - you're supposed to be intending to move back to Canada permanently to live with your spouse in Canada, when sponsoring your spouse for PR.

The correct way to go about what you want to do is for your spouse to apply for a Study Visa to enable him/her to study in Canada. When you want to live in Canada permanently, that is when you should be sponsoring your spouse for PR.

 

[Baloo]

I did say :

Why not make it simple and get your spouse to apply for study visa for Canada.

The OP stated "The student visa is pointless", so I guess the only option is to try and cheat the system.


A friend once said to me "we have always had luck in our family, sadly most of it is bad". I am the sort of person who would be caught...
So for me, I would not want devious deeds hanging over my head.

 

[waitingintz]

Hi Armin

I think the key point here is that no one knows whether you will get away with it or not. Your reasons are your own and that's fnie but what you need to keep in mind is that, as a previous poster said, you do actually sign on one of the documents that you will be returning to Canada to live with the applicant. If immigration discovers this is not the case, by say contacting your employer or when analyzing a citizenship application later, then you will have falsified a document and will not be eligible to sponsor anyone for a period of time (after which you'll probably have a pretty tough time doing so) or your wife could lose her status in Canada.

Lots of people take chances in this process which is of course your decision to make but there are potential consequences to your decision - what you are talking about is falsifying a document and the consequence of getting caught is being rejected and banned from sponorship for a period.

 

[ariell]

So, let me get this straight, you are essentially asking how to defraud CIC????!!!!

The rules are clear. You must intend to LIVE in Canada once your wife is given a visa. You are admitting that you have no intention to do that. How dare you come on here and ask how to cheat the system??! This board is intended for people who WANT to live in Canada and want to do so WITH their spouse. It's scammers like you who make it more and more difficult for people in genuine relationships who actually want to live in Canada. Since you have no intention of living in Canada you don't qualify to sponsor your wife. Case closed. If all she wants to do is study here then she can apply for a study visa.

Oh, and by the way, genius, when you sign the sponsorship forms you sign to say that "I understand that false or misleading statements may lead to the refusal of the application for permanent residence of the person I am sponsoring (or for whom I am a co-signer). I understand that giving false or misleading information may be grounds for my prosecution and the removal of the person I am sponsoring and his or her family members from Canada." So yes, your wife can be removed from Canada.

And this might also be news to you. In certain countries where there are known to be scam artists like you, CIC will insist on having proof that the sponsor has given up their residency permit before a PR visa will be issued. So they are one step ahead of you, you cheater.