Proof of residence for Canadian brother points

[Bash119]

Hi!
This question has popped up a few times before but please hear me out.

To claim 15 points for my brother who is a Canadian citizen, I need Utility/lease/work to prove his residence in Canada.

If my brother is currently living in US (since months) but has ALL of the these documents, since he is still working for Canadian firm, paying taxes, and maintaining house lease/utilities in Canada, can I claim the 15 points or will it be misrepresentation?

Any help will be appreciated.

 

[scylla]

Hi!
This question has popped up a few times before but please hear me out.

To claim 15 points for my brother who is a Canadian citizen, I need Utility/lease/work to prove his residence in Canada.

If my brother is currently living in US (since months) but has ALL of the these documents, since he is still working for Canadian firm, paying taxes, and maintaining house lease/utilities in Canada, can I claim the 15 points or will it be misrepresentation?

Any help will be appreciated.

No, you can't claim the points. Yes, that would be misrepresentation if you are claiming he is living in Canada when he is not.

 

[Naturgrl]

Didn’t you ask the same question in 2021? Mandatory documents state citizen or PR living IN Canada.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/points-for-brother.719535/#post-9159911

 

[Bash119]

No, you can't claim the points. Yes, that would be misrepresentation if you are claiming he is living in Canada when he is not.

Dear Scylla,
Appreciate your response! It just seems a little odd that a citizen of Canada, temporarily visiting abroad, can’t be considered for points despite maintaining fully the residency/job etc. in Canada.

Does this imply that there is a requirement of his physical presence in Canada at the time of my application? Do you agree? Is there any evidence to support this?

 

[Naturgrl]

Dear Scylla,
Appreciate your response! It just seems a little odd that a citizen of Canada, temporarily visiting abroad, can’t be considered for points despite maintaining fully the residency/job etc. in Canada.

This implies that there is a requirement of his physical presence in Canada at the time of my application. Do you agree? Is there any evidence to support this?

You say ”visiting” abroad/US but in first post say “living” in the US. Which is it? How much time in a year does he live in Canada? Is he working in the US? There must be a physical presence.

 

[Bash119]

You say ”visiting” abroad/US but in first post say “living” in the US. Which is it? How much time in a year does he live in Canada? Is he working in the US? There must be a physical presence.

Dear Naturgrl,
Thanks for reply. I am just trying reason it out where the line of living vs not living is drawn. I mentioned “visiting” here just to get comparable response from previous response. I understand that he needs to be living in Canada to claim points.

My brother currently spends a month or so in US but then also spends a week or so in Canada. He works from home during his stay in US. The situation may change where he starts spending more time in Canada, hence the question.

 

[Naturgrl]

Dear Naturgrl,
Thanks for reply. I am just trying reason it out where the line of living vs not living is drawn. I mentioned “visiting” here just to get comparable response from previous response. I understand that he needs to be living in Canada to claim points.

My brother currently spends a month or so in US but then also spends a week or so in Canada. He works from home during his stay in US. The situation may change where he starts spending more time in Canada, hence the question.

So he is not even spending 6 months in Canada. Does he own a home because a deemed residence from CRA would be - home, spouse and children.

 

[scylla]

Dear Scylla,
Appreciate your response! It just seems a little odd that a citizen of Canada, temporarily visiting abroad, can’t be considered for points despite maintaining fully the residency/job etc. in Canada.

Does this imply that there is a requirement of his physical presence in Canada at the time of my application? Do you agree? Is there any evidence to support this?

Based on your original post, he has been living in the US for a number of months. A person can absolutely take a vacation outside of Canada but this doesn't sound like what your brother is doing.

When does he plan to return to Canada to live here?