Is this "Living Exclusively Outside Canada" or "Living in Canada"?

[hmt411]

Hello everyone,

I have a rather unique situation. I have looked around the internet for a case like mine but haven't found it yet. I hope someone can help me with some info/answer. Here's my situation:

My wife is a Canadian citizen (naturalized outside Canada by her parent, long time ago). She is currently living outside Canada with me and our child (as a resident, not on any kind of Visa). As a matter of fact, she has never really lived in Canada, the longest she's been in Canada was 8 months I think.

She wants to sponsor me and our child to become a PR. At first we thought of doing it from outside Canada, but we changed our mind and want to do it from within Canada. We are now planning to move and live in Canada this year. We are planning to sell our stuff here and start fresh in Canada. My son and I are going on a visitor visa, and she will be using her Canadian passport to enter Canada. We will start the inland Spousal Sponsorship application within 2 or 3 months after we arrive there.

The big question is, what should her answer be to the "are you a Canadian living exclusively outside Canada" question? She is currently living outside Canada. But at the time of submitting the application, she will be living in Canada.

But the thing is, the immigration can find out that she has no record of living in Canada (e.g. school history, tax history, work record, no ID nor driving license). All she has is Canadian passport, citizenship card, SIN card, and a bank account with some money in it (from 10 years ago). All her employment records will be outside Canada.

We are thinking of answering NO to that question because she will apply for a job, an ID card and driver license once we're there. But we're not too sure if living for only 3 months in Canada can be considered living/residing in Canada.

What do you think?

 

[Aquakitty]

All they care about is that you intend to reside in Canada. If you are living together in Canada, that is enough proof. You might have a problem if you apply before moving there with her lack of history in Canada, but since you are moving there first that takes care of that issue.

For IRCC's purposes, you are living in Canada once you arrive with the intent to live. You'll need to provide bank account and rental/ownership proof as part of the process anyways.

 

[hmt411]

All they care about is that you intend to reside in Canada. If you are living together in Canada, that is enough proof. You might have a problem if you apply before moving there with her lack of history in Canada, but since you are moving there first that takes care of that issue.

For IRCC's purposes, you are living in Canada once you arrive with the intent to live. You'll need to provide bank account and rental/ownership proof as part of the process anyways.

Thanks for the response Aquakitty. That's good to hear that it wouldn't be a problem. As far as proof of intention to reside in Canada, I think we can provide enough proof. And I did read that we need to provide rental agreement under our names in Canada. But I would still be under tourist/visitor visa when we rent our first place there and I'm not sure my name can be on the rental agreement/contract because I'm technically a tourist/visitor. Do you think it's enough to have only my wife's name on the rental agreement/contract?

 

[Novel]

But I would still be under tourist/visitor visa when we rent our first place there and I'm not sure my name can be on the rental agreement/contract because I'm technically a tourist/visitor. Do you think it's enough to have only my wife's name on the rental agreement/contract?

Yes you can have your wife sign the tenancy agreement as the main representative, but also have you put down your name as a co-tenant. All the credit checks and security deposits could be just done through her name and accounts. Did the same here. From what I remember, our tenancy agreement did not require additional information about the co-tenant beyond the basic stuff like your name, DOB, relationship to you, and a signature.

 

[zardoz]

Thanks for the response Aquakitty. That's good to hear that it wouldn't be a problem. As far as proof of intention to reside in Canada, I think we can provide enough proof. And I did read that we need to provide rental agreement under our names in Canada. But I would still be under tourist/visitor visa when we rent our first place there and I'm not sure my name can be on the rental agreement/contract because I'm technically a tourist/visitor. Do you think it's enough to have only my wife's name on the rental agreement/contract?

Just one point. If you give CBSA the impression that you (the visitor) are "moving" to Canada, they will bounce you at the border. You can't "move" until you are a PR and the fact that you have severed all ties to your home country will provide them with justification to refuse to allow you to enter the country. The fact that you have a Canadian citizen spouse will not prevent this.

 

[canadianwoman]

You will enter Canada as a visitor. You must be clear with the border agent that you and your child are just visiting. If asked, you can say you will be applying for PR later on. Bring proof of ties to your home country.

Since you want to apply inland, you and your wife will be in Canada by the time you send the application in. So she can truthfully say that she is living in Canada. The fact she just moved here is irrelevant to that question.

You don't really have to show much to prove you will be living in Canada when she actually is. Proof of her residence and job will be good enough. Proving you will be relocating to Canada is an issue when the sponsor and applicant are living outside of Canada when the application is sent.

 

[Hurlabrick]

Proving you will be relocating to Canada is an issue when the sponsor and applicant are living outside of Canada when the application is sent.

True, but it is a normal requirement of a sponsor for all outland spousal sponsorship applications. I managed it despite having lived outside Canada for the last 45 years.