New Checklist--What is "living in" Canada?

[Caroliner1978]

So... New checklist... Of course right after I had compiled everything in the order of the old checklist *sigh*.

Anyway... This new part to check a box... We are doing outland. My husband is American. He is here and has a TRV (or Visitor Status) until June 30th, 2017. Do we check:

A: I am currently living outside Canada, and I am applying under the Family Class.

OR

B: I am currently living in Canada, and I am applying under the Family Class (not under the Spouse or Common-Law Partner in Canada Class). I understand that I may be convoked to attend an interview at a visa office outside of Canada.

So... is he living here, or just visiting?

 

[AtHomeInMontreal]

Caroliner1978,

As your husband is not permitted to "Live" in Canada currently, I believe you would select the box for living outside Canada. He is in Canada under visitor status, not to reside, work or study.

I was in the same position when I was in the process back in 2011; Immigration was aware that I was spending time visiting my wife before and while the PR was underway and had no issues with it. I renewed my Visitor Record when necessary and was entirely transparent as to what was going on. I was also never given any issues crossing back into Canada during this period - - I have the feeling it is not an uncommon situation between the U.S. and Canada. I should note that I maintained a residence in the U.S. during this time and did not move my personal belongings to Canada until the PR was complete and I landed.

Feel free to PM if you have any questions regarding the process I went through.

 

[keesio]

If you are doing outland, then he selects "A".

He is just here visiting you.

 

[canuck_in_uk]

So... New checklist... Of course right after I had compiled everything in the order of the old checklist *sigh*.

Anyway... This new part to check a box... We are doing outland. My husband is American. He is here and has a TRV (or Visitor Status) until June 30th, 2017.

So... is he living here, or just visiting?

Are you applying using the old application package? If so, use the old checklist. If you have switched to the new application package, use the new checklist. Don't combine elements from both.

He is here with visitor status, not on a TRV.

I disagree completely with the above posters. For application purposes, "living here" means being physically in Canada, regardless of status. He would select "B", to reflect that he is currently in Canada but applying outland.

 

[AtHomeInMontreal]

I may be reading this incorrectly and it is confusing, but since her husband does not have temporary resident status (perhaps he somehow does?) he would not be eligible for the spouse or common-law partner in Canada class (i.e.: as a visitor). The checklist appears to create a third class which isn't described in the supporting documents.

Again, I could be wrong. I recommend a phone call.

 

[CDNPR2014]

I may be reading this incorrectly, but since her husband does not have temporary resident status (perhaps he somehow does?) he would not be eligible for the spouse or common-law partner in Canada class (i.e.: as a visitor).

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-27.html

124 A foreign national is a member of the spouse or common-law partner in Canada class if they

you are correct, they are not considered "in family class". that is not what the OP is asking. there are now 3 classifications on the checklist:
1 - In Family class - currently living in canada (this is the class you are referencing)

2 and 3 - both are listed as "Family class" - living exclusively outside of canada OR currently living in canada and applying from outside of canada.

I disagree completely with the above posters. For application purposes, "living here" means being physically in Canada, regardless of status. He would select "B", to reflect that he is currently in Canada but applying outland.

I agree with canuck - the op should be choosing the 3rd option: "I am currently living In canada and applying under the Family Class (not spouse or commonlaw partner in canada class)."

 

[Caroliner1978]

I am changing everything to the new package, as it is much easier to follow the new checklist.

I am thinking it is #2. He is here as a visitor--he can't work or go to school (it says that right on his Visitor's Record). I don't think being here physically regardless of status means living here... Otherwise anyone here on a visitor status would be living here while they were here... That doesn't sound right to me. I think the point is that he can't live here until he gets his PR--lol that's why we're doing all of this in the first place. Now if he had a work visa, or some other kind of visa that allowed him to work, go to school and live here like anyone else who lives here, that would be different, and I would think #3 would be the option.

BTW... what he has is a Visitor Record... but at the bottom, it says:

TEMPORARY RESIDENT STATUS MAINTAINED AS PER 183 (6)

So, as always, confusing :/ But I'm pretty sure he's still a visitor.

 

[Caroliner1978]

Aaaaaand now with more reading, I don't know, again. omg this is giving me a headache :'(

 

[AtHomeInMontreal]

Caroliner1978,

Since you are inside Canada you can call IRCC at 1-888-242-2100 and ask an agent. It is a confusing issue (at least to me) because I was told specifically before and after applying for my PR that I could not live/reside in Canada and that I had only visitor status during that time. I got to know the border personnel very well over the years (as I was passing through quite regularly and renewing my Visitor Records) and this was something that they were all in sync about. They stated that there is/was a distinct line between visiting and residing/living in Canada... ...but they are not the IRCC and could have been interpreting differently.

As to how this affects your answer to the question, several senior members have made good points. But, since this is a new process it seems worth the time you'd spend on hold to "go to the source". Please post what you heard here so that future readers can benefit.

I wish you the best of luck with your application!

 

[canuck_in_uk]

I am changing everything to the new package, as it is much easier to follow the new checklist.

I am thinking it is #2. He is here as a visitor--he can't work or go to school (it says that right on his Visitor's Record). I don't think being here physically regardless of status means living here... Otherwise anyone here on a visitor status would be living here while they were here... That doesn't sound right to me. I think the point is that he can't live here until he gets his PR--lol that's why we're doing all of this in the first place. Now if he had a work visa, or some other kind of visa that allowed him to work, go to school and live here like anyone else who lives here, that would be different, and I would think #3 would be the option.

BTW... what he has is a Visitor Record... but at the bottom, it says:

TEMPORARY RESIDENT STATUS MAINTAINED AS PER 183 (6)

So, as always, confusing :/ But I'm pretty sure he's still a visitor.

Don't overthink it.

He is a visitor currently living in Canada. The whole "living in Canada as a visitor" thing is CBSA's concern, not IRCC's concern. CBSA doesn't like people who try to live in Canada as visitors; IRCC will extend a person's visitor status for years, especially if they are in the midst of the PR application.

If we were to use the whole "visitor can't live here logic", then no visitor would qualify to apply inland, which states the exact same thing, "currently living in Canada". Of course, that is completely untrue; it is perfectly fine for visitors to apply inland.

 

[rajnishsingh95]

Respected experts!

I have applied for spouse sponsorship under family sponsorship program. I Mistakenly selected wrong program in document checklist. I checked "I am currently living in Canada, and I am applying under the Family Class" instead of "I am currently living outside Canada, and I am applying under the Family Class". I just get to know this mistake.

I applied online and I already got updated COPR detail in my tracking account. Did anyone gone through the same mistake? Can someone please guide me, do I need to inform them about it?

Thanks in advance

 

[armoured]

I have applied for spouse sponsorship under family sponsorship program. I Mistakenly selected wrong program in document checklist. I checked "I am currently living in Canada, and I am applying under the Family Class" instead of "I am currently living outside Canada, and I am applying under the Family Class". I just get to know this mistake.

I applied online and I already got updated COPR detail in my tracking account. Did anyone gone through the same mistake? Can someone please guide me, do I need to inform them about it?

When did you apply? You are a PR, correct?

If so, you're not actually eligible when living outside Canada to sponsor.

Your issue is therefore not what IRCC has on your form, but that you are outside Canada. Return to Canada first.

 

[armoured]

Hello Sir, first of all thank you very much for reply. I think there is some misunderstanding. I am PR and living in Canada. that option I selected for principle applicant means for my wife. She never came to Canada yet, but I selected wrong program. we already got her COPR details in account but did not get PPR. I am just asking should I tell them, Actually I know some other peoples also did same mistake, but don't know they contacted cic.

When did you apply? Have you received AOR, done medicals, biometrics, etc?