Outland Application - Intent to Reestablish Residency in Canada

[Saneth]

Hi, my spouse and I have what should be a straightforward Outland application. He is a Canadian citizen by birth and I'm a US citizen. We have been married and living together for over 20 years in the US. Our two children are dual citizens, they have their Canadian Citizenship Cards, and are going to University in Canada.

We are starting the immigration paperwork for me so that we can move to Canada. However, I'm stumped by the "Intent to Reestablish" residency in Canada requirement.

My husband holds a good job in the US that pays very well. We intend to move back to Canada together. How can we establish proof of intent to move back to Canada? Does he need to look for a job in Canada and move back while my application is in process? Does he need to find an employer who will give him an open job offer until I get my approval? Or should we just buy a home there and show the deed as proof of intent? I'm visualizing him getting a job and moving back, and us being separated for months on end while this application works its way through the process.

This seems like it should be a common and thorny question, but I'm having trouble finding any other thread that directly addresses this issue . . . .

 

[Eowyn]

I'm Canadian and currently living in the UK with my British husband. We stumbled over this one as well. All we have done is provide a letter from my parents stating that we are going to be living with them until we are able to find a suitable house of our own. I also wrote out an "action plan" of our intentions once we have received our approval. The options they give of proving intent such as mortgage or tenancy agreements, job offers etc are a bit ridiculous because you can't possibly know how long the application process will take and therefore can't commit to anything until approved.

 

[herewecome]

The onus is to show that the Canadian will go back. We wrote a 2 page overview (well spaced) that had a number of sections with a few lines below and included things like the below

1. Where we intended to live. Planned dates to go, where to live, any interim plans to stay with family, any engagement with real estate agents or schools. Even to say we live downtown Toronto as we are very sociable and we can walk to work. Any docs you have to back this up helps even if its an email to a real estate agent or history from Internet browsing on property pages.
2. Work plans. Any websites you have been on, any feelers that have been sent out, any bits you can mention that demonstrate knowledge of the local job market.
3. Plans to relocate kids or animals - schools or walk through steps to move animals.
4. Why you are moving - talk of family, friends, sport, etc. include any emails or Facebook messages showing plans to move. You can also kill two birds with one stone on this one for common law partners as they require statutory declarations on their relationship. While the stat dec are for another section, they were referenced here as both statements discussed out plans to move.

You get the picture and so will CIC. It's just creating lots of bits of info that convinces and shows CIC he will be moving back. We had, from memory, the 2 page overview, home purchase agreement, stat dec, emails for jobs, emails to friends and family.

We were approved within a few weeks.

 

[opmama]

We are in the same position. And work-related proof wasn't an option because I'm self-employed and my work is portable. We chose to wait a few weeks and get a sales contract on a house (I suspect even an offer would work). I'll be moving back at the end of this month with the kids, and my husband will be visiting us to wait out approval of his paperwork. My understanding is that the border officials are very lenient on visiting rights for American spouses, particularly if your length of relationship is obvious. Just don't say the M word (don't say you as the American are "moving" to Canada, since you can't do that until your PR is granted).

 

[SadieRoo]

My husband and I are in the same kind of situation. He is Canadian , I am American , and have been married for almost 9 years. We filed everything in May , and stated his intent to live in Canada again . We included interviews from several companies , e-mails from companies , e-mails from realtors in the area we are looking at as well. After going through all the paperwork , and looking at what some of the people here are doing , it kind gave us a jolt , but realized that a good majority of the people on here are permanent residents in Canada , trying to get a spouse to Canada. My husband was born and raised in Canada and has kept his citizenship . Would they deny a Citizen and his long time spouse ? probably not. So we went with the most important things and we sent it. He leaves in a few days to start a job in Canada , and I wait for now. WE are not worried that it will all come together , and I move to Canada as well. good luck

 

[opmama]

I just looked at some data yesterday, and 99% of family sponsorships going through CPP-Ottawa in the last 12 months got approved. So yeah, they don't turn us down very often. They might ask for more documentation, though, and that slows down approvals.

SadieRoo, I'm curious why you aren't going up to Canada with your husband? (not being nosy, but I think sometimes people are ending up apart when it isn't really necessary).

 

[canuck_in_uk]

I was living in the UK when I sponsored my partner and had nothing really concrete to show them of my intent to move back to Canada, like a job offer, a home, school admission etc. As the others above did, I wrote out a detailed plan of what we would do once we got to Canada in terms of living arrangements, job hunting, further education. I had a letter from my parents saying that we would be living with them for as long as needed, as well as letters from other family and friends stating that our plan had always been to settle in Canada. I had kept my Canadian bank account and credit card during the 5 years I was out of Canada, so I included statements from those and explained that I had maintained my credit rating in Canada without the intent of one day getting a mortgage .

The plan is the most important part, make it as detailed as possible. Include letters from family and friends and proof of your children living in Canada; wanting to be near one's children (and potential grandchildren ) is a definitely a good reason to move country.

There is no need for you guys to be separated at all during the processing. You can submit the app whilst you are both living in the US and upon approval, you can move to Canada together. Or you can "move" to Canada during the processing; many people (including my partner and myself) do this.

 

[SadieRoo]

I just looked at some data yesterday, and 99% of family sponsorships going through CPP-Ottawa in the last 12 months got approved. So yeah, they don't turn us down very often. They might ask for more documentation, though, and that slows down approvals.

SadieRoo, I'm curious why you aren't going up to Canada with your husband? (not being nosy, but I think sometimes people are ending up apart when it isn't really necessary).

I am staying until he gets back in the swing of things. He is staying with family until he finds us a house . This gives us time to have both incomes and save , as it is a bundle to move everything back, plus 2 vehicles and a dog ! We hope to have it all done by November!

 

[SadieRoo]

I do have one question tho, if you placed your paperwork in and havent received approval as of yet, you move to Canada to wait the approval... how do you receive your approval if you have moved and no longer at that address that you placed on your paperwork?? Do you need to inform the CIC of a different address maybe a friend down in the states?

 

[canuck_in_uk]

I do have one question tho, if you placed your paperwork in and havent received approval as of yet, you move to Canada to wait the approval... how do you receive your approval if you have moved and no longer at that address that you placed on your paperwork?? Do you need to inform the CIC of a different address maybe a friend down in the states?

You are allowed to be in Canada while the app is processing, so you just change your address to the Canadian one.

 

[wowsers]

You guys are too pessimistic by far. CIC officers have a quasi-judicial function to perform. They have to consider the evidence, weigh it in the balance and reach a decision on a balance of probabilities. The majority of replies to the original query appear to assume that the burden of proof is the criminal burden of proof (proof beyond reasonable doubt), and moreover that the burden of proof is on the applicant unlike in a criminal case where it is on the prosecution. Not so! Place yourself in the position of a judge considering the evidence: a 20 year marriage, 2 kids in University in Canada, all the expense of an application for permanent residence, medicals etc, a declaration by the husband that he intends to retiurn to Canada. There is no chance that a judge would rule that the intention to return is not sufficiently proved. The evidence is all one way. You can expect that an officer of Canadian Immigration would reach a like conclusion. Of course things sometimes go wrong, which is why there is an appeal process. I think (and hope) that you are raising unreasonable worries!

 

[opmama]

I think (and hope) that you are raising unreasonable worries!

LOL! Any good lawyer goes to court overprepared. I think we all hope for reasonable judgments, but if the documentation is relatively easy to provide (and writing out a plan is the work of an hour or two), then it makes sense to provide it.

This is a story from immigrating the other direction, but when I had my interview for my US PR, we had to bring all kinds of proof of relationship (we'd been married about 20 months at that point), and the officer scrutinized every last item. We were two thirty-year-old professionals with shared bank accounts and lease, so it went fine. Because the marriage was less than two years, we needed a follow-up interview a year later. I asked the immigration official what proof we needed to bring to the second interview. His reply? "I strongly recommend you have a baby."

 

[SadieRoo]

If the application is still processing can I cross the boarder with our belongings with my Canadian husband or do I have to fly in and either cross without him or fly into Canada..... If I am allowed to be in Canada with my husband and change my address it seems to me that I can live there while waiting just not work am I correct?

 

[MilesAway]

Yes, you can visit your husband. Be careful about how much you bring though, because visitors don't usually arrive with a U-Haul of stuff. Bring typical visitor things, or have your husband bring your belongings. Never tell the border guard that you are moving to be with your husband, you cannot move until you have PR status, but you can certainly visit him (and extend your visit while waiting).

And correct, you cannot work or study. You are free to try and find a job and get an LMO, then apply for a work permit. However, as some members have discovered, that is much easier said than done. I believe there is also the option of studying online, but I am not certain about that.

Some say that it is better to cross with your husband and let him do the talking, or to have him go first and then you follow later.


Edited to add: I'm having a tough time with the same, establishing intent to return to Canada. My future VO has refused one couple on those grounds, in one of the most absurd cases ever. The couple had been married for about 7 years I think and had kids (1 or 2? Not sure, but not that important.) They sold their apartment in Russia, and the husband moved back to Canada, found a job, and bought a house there. The VO sent the refusal letter to Canada, stating that they were not convinced the sponsor would reside in Canada. The letter was sent to him in Canada. WTF? So I'm a bit antsy about trying to prove my intent, because I'm not moving back without my fiancee.

 

[SadieRoo]

if I change my address tho wouldnt that be intent to stay in Canada with my husband rather then visiting? I know these questions to some people might be a little crazy but I guess we are all in the same boat and just trying to get by with the support of others here so I appreciate you all...