Question about intent to relocate to Canada

[Yelsew]

Sponsor is a Canadian citizen, married to a Polish citizen, but both have been living and working in UK for several years. He would now like to sponsor his wife to come to Canada, and I know they can begin the process while still in UK. But I'm concerned about how they will demonstrate their intent to settle in Canada. Sponsor has savings and family here in Canada who can help them out if he doesnt get a job offer before they come back. But a bigger concern is the sponsor's desire to take a 2 year university program in the US soon after, or possibly even before, his wife receives PR status in Canada, which would take about 14 months if they apply now.. She would remain in Canada with husband's family and hopefully find work while husband is taking courses in US, and he would return to Canada to be with wife during summer and study breaks. I'm thinking this won't sound good to CIC if they follow this plan, and that they should stay together in Canada for awhile and postpone the US study idea. Any thoughts/advice?

 

[keesio]

But a bigger concern is the sponsor's desire to take a 2 year university program in the US soon after, or possibly even before, his wife receives PR status in Canada, which would take about 14 months if they apply now.. She would remain in Canada with husband's family and hopefully find work while husband is taking courses in US, and he would return to Canada to be with wife during summer and study breaks. I'm thinking this won't sound good to CIC if they follow this plan, and that they should stay together in Canada for awhile and postpone the US study idea. Any thoughts/advice?

Will they be married for over two years when they apply for sponsorship? And do they have any kids? If the answer is "no" for both, then this plan will not work due to condition 51, which requires newly sponsored spouses to live with their sponsor for the first two years upon landing. This does not apply if you have been married longer than 2 years or if they have kids.

 

[Yelsew]

I meant to mention that in my original post. They have been married more than two years, so the condition does not apply to them. But doesn't the intent to settle in Canada still need to be addressed, regardless?

 

[keesio]

I meant to mention that in my original post. They have been married more than two years, so the condition does not apply to them. But doesn't the intent to settle in Canada still need to be addressed, regardless?

That is good then. But yes, it still does cause issues with the "intent to setting in Canada" clause. CIC would likely frown on this plan and suggest he not sponsor his wife until after he is done with his studies. I'm not sure if it will guarantee rejection however.

 

[zardoz]

I meant to mention that in my original post. They have been married more than two years, so the condition does not apply to them. But doesn't the intent to settle in Canada still need to be addressed, regardless?

Yes, it does. If the Visa Office believes that the sponsor is not prepared to relocate to Canada in a timely manner, they will refuse the application. Under these circumstances, it might be better not to apply for sponsorship at this time.

From IP-02.

5.10. Sponsors residing abroad
Sponsors residing abroad must meet the requirements in the following table:
Table 9: Sponsors living outside Canada
Canadian citizens residing outside Canada
• may sponsor their spouse, common-law partner, conjugal partner or dependent children without dependent children of their own
• must satisfy immigration officials that they will reside in Canada once their spouse, common-law or conjugal partner and dependent children become permanent residents in Canada

 

[johnson.ab]

Well, Poland is a member of the EU, so first of all she can go to Canada without any visa, and second maybe it will be easier for her to get a job as an EU citizen. Then you can delay the whole "sponsor process" after you will return from your studies 8)

 

[ashia]

Well, Poland is a member of the EU, so first of all she can go to Canada without any visa, and second maybe it will be easier for her to get a job as an EU citizen. Then you can delay the whole "sponsor process" after you will return from your studies 8)

Poland is member of EU, but we have all (European countries) different foreign policies, so Poland is visa exempt, yep, but not because of being EU member We all have different rules, and for example each European country has different rules for IEC visa - for same reason. It is not important for this thread, but just wanted to clarify 8)

 

[Sheps]

If your husband is going to be studying in the US, you should be eligible for a F-2 Visa if your husband gets a F-1 visa or a J-2 visa if your husband gets a J-1 visa, which allows you to study part time in the US on a F-2 (or not study as the case may be) or study full time/apply for a work permit if J-2.

What is your husband going to be doing in the US? What type of visa is he going to get? Why doesn't he go to a Canadian university (most universities are partially publicly funded)? If he think the quality of education is higher in the US, he should rethink that...

 

[SchnookoLoly]

Canadian universities are partially publicly funded? Really? News to me, particularly for international students.

 

[Sheps]

International students don't get subsidies because they are nor Canadian Citizens/Permanent Residents who are paying taxes into the system.

The university I work at, received approximately 59 million from the provincial government and 35 million from student tuition (including international). The university also receives the occassional grant from NSERC and other research councils in Canada (government councils that is), so yes, a number of universities are publically funded.

Check this out: http://www.macleans.ca/education/uniandcollege/think-your-tuition-bill-is-too-high-check-out-the-governments/

 

[Yelsew]

Belated thanks to all who replied. Zardoz in particular, your clear response confirmed what I thought, backed up with information from one of the CIC manuals. I am still wondering however--assuming they want to go ahead with the sponsorship application--at what point after wife lands in Canada with PR status would it be "safe" for the sponsor to commence studying in the US, if that is what he would still like to do? Would six months afterward be reasonable? I understand the reasoning behind CIC expecting sponsors and their spouses who have lived abroad to declare intent to establish themselves in Canada, but surely CIC realizes that plans can change.

 

[zardoz]

Belated thanks to all who replied. Zardoz in particular, your clear response confirmed what I thought, backed up with information from one of the CIC manuals. I am still wondering however--assuming they want to go ahead with the sponsorship application--at what point after wife lands in Canada with PR status would it be "safe" for the sponsor to commence studying in the US, if that is what he would still like to do? Would six months afterward be reasonable? I understand the reasoning behind CIC expecting sponsors and their spouses who have lived abroad to declare intent to establish themselves in Canada, but surely CIC realizes that plans can change.

Once PR status has been acquired by "landing", they can do whatever they want. There is no further examination of the intent. Many of us have come to Canada, landed, stayed for a few days and then returned home to prepare for later settlement.

 

[Nesma]

I need help please..
My husband and I are PR holders, and we plan to move to Canada in two months. We have a 18 months old baby that was born in UAE. We obtained a visit visa so she can travel with us to Canada. Once we move we will apply to sponsor her.
Questions:
1) Can we apply for sponsorship if neither me nor my husband is working?
2) how long will it take to decide on sponsorship status?

Thanks
Nesma

 

[zardoz]

I need help please..
My husband and I are PR holders, and we plan to move to Canada in two months. We have a 18 months old baby that was born in UAE. We obtained a visit visa so she can travel with us to Canada. Once we move we will apply to sponsor her.
Questions:
1) Can we apply for sponsorship if neither me nor my husband is working?
2) how long will it take to decide on sponsorship status?

Thanks
Nesma

1) Yes
2) It depends on the specific visa office doing the processing. A few months at the earliest.

 

[Nesma]

Very clear. Thanks for prompt reply
Nesma