Possible to Sponsor spouse while I am still overseas, and non-resident?

[carolino]

Hi Everyone,

I know there is thread on spousal sponsorship, but this question is more so about my status.

My spouse is a Taiwanese citizen, we both currently live in Taiwan. I have moved away from Canada for almost 10 years (I was 18 at that time, a dependant under my parents who became non-resident status as a whole family). My question is:

1) Can I still sponsor my spouse while both my spouse and I are still physically living in Taiwan? Do I need to change my status?
I would like to start the sponsorship process for his PR before we are physically in Canada, as I need to wait for my son to finish preschool, sell the house etc. I plan on using my cousins address in Canada if I need a Canadian address for application (as I plan to live with her anyways for a few months when we do move there).

2) what is the process for changing my non-resident status to resident? how long does it usually take?
what are the forms I have to fill in? Can I change my status while I am still living overseas?



Thanks in advance for any feedback/advice! I truly appreciate it.

 

[Alurra71]

I guess this all depends on one question. Are you a Canadian citizen?

If you are a citizen then you can start an application process to sponsor your spouse to come live in Canada and you don't have to be a resident to do it. You would need to show CIC ample proofs in that you do intend to settle in Canada once his PR visa is issued.

If you are not a Canadian citizen, then the point is moot as you can't sponsor a spouse from out of the country as a PR. Also, if you are a PR, I am sure your PR is now in serious jeopardy of being cancelled because you have not met the RO so you would want to clear that up first before attempting anything regarding spousal sponsorship.

 

[Msafiri]

As per Alurra71 if you are not a citizen you should immediately drop your sponsorship plans and instead return back to Canada as soon as you can where you:

1. Pray that you don't get reported for breaching the RO at the port of entry

2. If not reported stay out of the way of immigration so no travel, sponsorship, PR Card application, police issues for 2 years as this will (under the current) law return your PR status (RO) into good standing.

3. After 2 is achieved (with evidence of physical presence best being full time employment with taxes deducted and filed) apply for a PR Card and initiate sponsorship.

 

[carolino]

I guess this all depends on one question. Are you a Canadian citizen?

If you are a citizen then you can start an application process to sponsor your spouse to come live in Canada and you don't have to be a resident to do it. You would need to show CIC ample proofs in that you do intend to settle in Canada once his PR visa is issued.

If you are not a Canadian citizen, then the point is moot as you can't sponsor a spouse from out of the country as a PR. Also, if you are a PR, I am sure your PR is now in serious jeopardy of being cancelled because you have not met the RO so you would want to clear that up first before attempting anything regarding spousal sponsorship.

Yes, I am a Canadian citizen and so is our son (born in the states, but he has received his citizenship certificate already)

 

[carolino]

I guess this all depends on one question. Are you a Canadian citizen?

If you are a citizen then you can start an application process to sponsor your spouse to come live in Canada and you don't have to be a resident to do it. You would need to show CIC ample proofs in that you do intend to settle in Canada once his PR visa is issued.

If you are not a Canadian citizen, then the point is moot as you can't sponsor a spouse from out of the country as a PR. Also, if you are a PR, I am sure your PR is now in serious jeopardy of being cancelled because you have not met the RO so you would want to clear that up first before attempting anything regarding spousal sponsorship.

Thanks for the reply !

could you give me example of what sort of proofs will I need? example: Canadian address? Canadian bank account statements?

 

[carolino]

As per Alurra71 if you are not a citizen you should immediately drop your sponsorship plans and instead return back to Canada as soon as you can where you:

1. Pray that you don't get reported for breaching the RO at the port of entry

2. If not reported stay out of the way of immigration so no travel, sponsorship, PR Card application, police issues for 2 years as this will (under the current) law return your PR status (RO) into good standing.

3. After 2 is achieved (with evidence of physical presence best being full time employment with taxes deducted and filed) apply for a PR Card and initiate sponsorship.

yes I am a Canadian Citizen -
in this case, how long does it usually take if I apply for spousal sponsorship while both of us are living abroad?

 

[Alurra71]

yes I am a Canadian Citizen -
in this case, how long does it usually take if I apply for spousal sponsorship while both of us are living abroad?

Proofs that you will move back to Canada can include communications you have had with schools for your son to attend, with family about coming back, with realtors about homes to live in, potential employers you have spoken with. There is not set amount of things that prove or disprove, just do your best to think of all the things that would make you think a stranger was moving to Canada and include those with you application. If CIC wants more proof, they will ask for more proof. As far as how long it takes, the really depends on the VO that process' the application. You can check the CIC website to see estimated times based on where your husbands application will be processed. Remember that the number given there is for them to finalize roughly 80% of the applicants. Most of them are completed in a shorted time span and a few take longer.

 

[carolino]

Proofs that you will move back to Canada can include communications you have had with schools for your son to attend, with family about coming back, with realtors about homes to live in, potential employers you have spoken with. There is not set amount of things that prove or disprove, just do your best to think of all the things that would make you think a stranger was moving to Canada and include those with you application. If CIC wants more proof, they will ask for more proof. As far as how long it takes, the really depends on the VO that process' the application. You can check the CIC website to see estimated times based on where your husbands application will be processed. Remember that the number given there is for them to finalize roughly 80% of the applicants. Most of them are completed in a shorted time span and a few take longer.

Thanks for taking the time to reply with such detail. it really helps a lot!

 

[Roni404]

Hello,

If someone is canadian permanent resident and works in US in between and does return back to Canada every month. In such a case, can he/she become a sponsor for the spouse?

 

[scylla]

No - not possible. Since you are a PR, you must be living in Canada to sponsor your spouse.

 

[Roni404]

what if at the time of application, the sponser stays in Canada until sponsorship evaluation and keep address in Canada throughout the process, and then travel on and off

 

[PMM]

Hi

what if at the time of application, the sponser stays in Canada until sponsorship evaluation and keep address in Canada throughout the process, and then travel on and off

1. Nope probably won't work, the regulations are pretty specific

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 commonlaw
partner in Canada class in accordance with section
10.