Parent sponsorship and Residency requirements for sponsor

[ahmed1000]

Hello,

I am in my last step to sponsor my parents and today my parents recieved a request to submit passports, but they requested also to provide a proof that I am resident in Canada. In fact, I left Canada a year ago to live close to my parents as my home country isn't stable and I managed to find an expatriate job in the region. Now, I want to go and settle in Canada with my parents and I want to rent/buy a house once I arrive and then send the rental contract as a prove to my residence in Canada.

Is this sufficient? or do i need to be a resident of Canada all the time since the date I applied to sponsor them until now? any advice?

Regards,
Ahmed

 

[PMM]

Hi

Hello,

I am in my last step to sponsor my parents and today my parents recieved a request to submit passports, but they requested also to provide a proof that I am resident in Canada. In fact, I left Canada a year ago to live close to my parents as my home country isn't stable and I managed to find an expatriate job in the region. Now, I want to go and settle in Canada with my parents and I want to rent/buy a house once I arrive and then send the rental contract as a prove to my residence in Canada.

Is this sufficient? or do i need to be a resident of Canada all the time since the date I applied to sponsor them until now? any advice?

Regards,
Ahmed

At this point it is quite likely that you will be receiving a refusal. You have to be resident in Canada to sponsor (other than spouses and dependent children of Canadian citizens) As per the Immigration Regulations:

Sponsor

130. (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

(a) is at least 18 years of age;

(b) resides in Canada; and

(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

 

[scylla]

You need to be a physical resident in Canada to qualify to sponsor your parents. Because you left Canada, you no longer qualify as a sponsor. And no - it is not enough that you are now ready to settle in Canada.

Do not lie to CIC about the fact you've been gone for a year (I'm guessing they already know and that's why they're asking for evidence). Provide as much proof as you can that demonstrates you still have strong ties to Canada (do you own property in Canada? do you have any assets in Canada? did you file Canadian income taxes while outside of Canada?). Apart from that, all you can do is wait and hope for the best.

Technically CIC is fully within their rights to refuse your parents application since you have failed to meet the residency requirement for sponsoring them.

 

[ahmed1000]

PMM,

Thanks for your answer. I read this section 130 and i wasn't sure if "resides in Canada" meants contineous residency until visa approval, but it looks like this is the most likely interpretation. So sad.

Scylla,

I won't lie to CIC. I file taxes every year, but I dont have assets in Canada. I will write them to explain my situation and the reason I left Canada last year and my intention to go back to settle with my parents and hope for the best.

Thank you to both of you.

 

[scylla]

I read this section 130 and i wasn't sure if "resides in Canada" meants contineous residency until visa approval, but it looks like this is the most likely interpretation.

FYI - it means you must be living in Canada from the time you file the application until your parents receive their PR visas. Occasional short trips (a few weeks) outside of Canada are OK. Once you're away for a couple of months, it starts being a problem.

Good luck.