Question about living exclusively outside Canada!!

[mgrandolini]

Hello,
I am a Canadian citizen currently living in Canada. I am sponsoring my common law boyfriend from Ireland. He currently lives and works in Canada but his visa is up April 5. We decided to take the time while we apply to go to Europe (leaving March 30) and travel and work. I will be gone only until March 2016. Because I will do a bit of work does this make me living exclusively outside of Canada? I have my car here, we have our possessions at my parents house, my family, friends, my address is in Canada (my parents house). I have worked the entire 2014 Tax year and will be filing my taxes before I leave. Is there anyway I can get away with saying I still live in Canada or am I better off to say I am "living exclusively outside Canada".
Thanks

 

[rhcohen2014]

if you plan to work for an extended period of time outside canada, then you can't say you live in canada during that time. how can you pyscially work in one country and physically live in another? it's one thing to travel for work reasons, and come back home on a project by project basis. it's completely different to LEAVE canada and work for a foreign company on their soil for a time longer than an average work trip. it doesn't matter if you have a car, bank account or property in canada. in my opinion, if you are living somewhere else for that long, working and paying taxes in that country, you are a resident of THAT country, NOT canada.

when it comes to filling out a pr application, the last thing you want is to be caught in a lie and mispresenting yourself. saying you are living in canada when you clearly are not IS misrepresentation.

 

[canadianwoman]

Just admit you will be out of Canada. One year is too long - even if you state you are living in Canada, the visa officer processing the file will still ask you for proof that you will be returning to Canada. You might as well include this info in the application.

 

[slb]

But if she is doing A BIT of work not working full time and mostly traveling, then would that really make you a citizen of another country? Couldnt you say you are just traveling?

 

[rhcohen2014]

But if she is doing A BIT of work not working full time and mostly traveling, then would that really make you a citizen of another country? Couldnt you say you are just traveling?

being a citizen is NOT the same as being a RESIDENT! If a person is gone from their home country for 1+ years, they are no longer a resident of their country, and can't enjoy the benefits of being a RESIDENT of that country until they move back (ie: employment, welfare, healthcare, etc). If the person is traveling for a majority of the time, then I would imagine they are still NOT current residents of Canada in the government's eyes. they are a TEMPORARY resident somewhere else. I would imagine it would get really sticky if someone tried to collect some sort of health benefit or welfare when traveling outside of Canada for a year. There is a limit to how long you can be out of Canada and still be considered a CURRENT resident. This has nothing to do with citizenship AT ALL.

 

[mgrandolini]

Does this look like enough evidence I want to move back to Canada...
1. I am only leaving the country while we apply for PR
2. I have my parents who will write and have a letter notarized saying they know our plans and that we will be able to stay at their residence rent free once we get back. (until we get on our feet) As well, they are storing all of our possessions while we are gone.
3. I have Canadian credit cards that I am not cancelling
4. 2 Canadian bank accounts with good amount of savings (showing I can support us when we get back)
5. 1 joint account with my boyfriend that is staying open
6. Letters from friends and family on both sides stating that they know our plans and intentions to settle in Canada once he gets PR
7. I have a car loan here that I will continue to pay whilst outside the country. The car will parked at my parents.

Any other ideas on good things to get?

When I write my resignation letter to my current employer I was thinking of writing the reason I am leaving is to go to Ireland for a year while we wait for my partner to get PR...could I send this in as evidence?

My brain is about to explode...thanks for all your help

 

[mgrandolini]

being a citizen is NOT the same as being a RESIDENT! If a person is gone from their home country for 1+ years, they are no longer a resident of their country, and can't enjoy the benefits of being a RESIDENT of that country until they move back (ie: employment, welfare, healthcare, etc). If the person is traveling for a majority of the time, then I would imagine they are still NOT current residents of Canada in the government's eyes. they are a TEMPORARY resident somewhere else. I would imagine it would get really sticky if someone tried to collect some sort of health benefit or welfare when traveling outside of Canada for a year. There is a limit to how long you can be out of Canada and still be considered a CURRENT resident. This has nothing to do with citizenship AT ALL.

Yeah I completely understand this. I read that it is one year. With that said I will be a temporary resident of Ireland so I am just going to proceed saying I live outside of Canada. I don't want any grey areas on the application. Regardless, if my boyfriend gets PR by March 2016 or not I will come back here as I don't want to lose that status.

Thanks!

 

[canadianwoman]

You are definitely not a citizen of another country just because you are working there, even full-time. If you think the application will take a year or more to process, then whether you say you are living in Canada or not, the visa officer will not believe it - of course, there is also the chance he or she will never find out about it as well.
Some people from Ireland are getting their visas very quickly, so if you were just travelling for three or four months, and had an address in Canada, you could just say you were living in Canada.


So then the question becomes, how fast do you think your application will be processed. The sponsorship processing is taking 81 days at the moment. That doesn't vary much based on the application itself. The applicant's part can take a shorter or longer time based on how complete the application is, whether there is enough proof, and whether there are any red flags. If a couple is similar in many ways, has solid proof of the cohabitation period of one year for common law, and does not have any obvious issues that would make a visa officer suspicious, the processing might not take long, in which case you might be able to claim you live in Canada, are travelling for four or five months, and will return as soon as he gets the PR visa.

However, I would just say I was travelling for a year during processing, therefore not a resident of Canada. Attach a letter explaining this. Keep in mind that for tax purposes, you will still be a resident. Include the proof you mentioned about returning. You can always come back early to reestablish residency if the visa office questions it too much.

 

[rhcohen2014]

Yeah I completely understand this. I read that it is one year. With that said I will be a temporary resident of Ireland so I am just going to proceed saying I live outside of Canada. I don't want any grey areas on the application. Regardless, if my boyfriend gets PR by March 2016 or not I will come back here as I don't want to lose that status.

Thanks!

i would highly recommend NOT writing specific dates of your planned return in your application. for most visa offices, the process is a lot quicker than anticipated, and as a UK applicant, your bf could see approval much much sooner than March 2016. Currently, the "average" is 8-10 months, with some random files getting super quick processing of half that. one couple (not UK) recently reported their application was rejected because they based their timeline on the posted processing time, not what the visa office actually was doing. so to be safe, you want to make sure your application suggests you will move back to canada IMMEDIATELY upon approval. don't give them a reason to reject the application and tell you to try again when you are ready!

 

[slb]

Look I really think you should apply with your parents address in Mississauga and not say anything about your move yet...

Here's why:
Some of the applications are being processed much quicker than the timelines. Some people are getting theirs now in 4-5 months, especially if you have a straightforward case with plenty of proof, they might just hold it in Mississauga and get it to you in a really short time. Even outland offices have been processing pretty quickly it seems... more so than what it says online

If you DONT say you are moving, you apply in Feb for example... you could already have your visa by July. In which case you only 'traveled' 5/6 months and can come back to get the PR and just say you were visiting his family or whatever. If you say you are moving for a year.... well... you will have problems, because then that means you are not moving back WHENEVER the visa is ready right?

And in case it takes awhile to process, have some proof of return with you and at about the 6 month mark if things are moving along slowly then let them know you are temporarily relocating...

Thats what I think anyways

 

[mgrandolini]

Look I really think you should apply with your parents address in Mississauga and not say anything about your move yet...

Here's why:
Some of the applications are being processed much quicker than the timelines. Some people are getting theirs now in 4-5 months, especially if you have a straightforward case with plenty of proof, they might just hold it in Mississauga and get it to you in a really short time. Even outland offices have been processing pretty quickly it seems... more so than what it says online

If you DONT say you are moving, you apply in Feb for example... you could already have your visa by July. In which case you only 'traveled' 5/6 months and can come back to get the PR and just say you were visiting his family or whatever. If you say you are moving for a year.... well... you will have problems, because then that means you are not moving back WHENEVER the visa is ready right?

And in case it takes awhile to process, have some proof of return with you and at about the 6 month mark if things are moving along slowly then let them know you are temporarily relocating...

Thats what I think anyways

That is a good point but my worries would be...

1. If we applied in say March, my BF won't be leaving Canada until March 30...what would we put his address as being?
2. I don't want any grey areas, I know that I will start working in May when I go to Ireland...technically I would be lying saying that I live in Canada...
3. We aren't moving for the year basically moving while we wait for him to get his PR. I guess I will have to think of an alternative way of saying that. I mean I have no problem buying a return ticket home but then again I don't exactly know when PR might come through and if I make it for February 2016 and PR comes through December 2015 I guess I would have a problem.

The big thing I am trying to work out is when to actually apply. People are saying the application times vary so much. We ideally want to do some working and travelling and take advantage of this time but if he gets PR too quick then we are forced to move back? So confusing!!

 

[mgrandolini]

if you plan to work for an extended period of time outside canada, then you can't say you live in canada during that time. how can you pyscially work in one country and physically live in another? it's one thing to travel for work reasons, and come back home on a project by project basis. it's completely different to LEAVE canada and work for a foreign company on their soil for a time longer than an average work trip. it doesn't matter if you have a car, bank account or property in canada. in my opinion, if you are living somewhere else for that long, working and paying taxes in that country, you are a resident of THAT country, NOT canada.

when it comes to filling out a pr application, the last thing you want is to be caught in a lie and mispresenting yourself. saying you are living in canada when you clearly are not IS misrepresentation.

Question regarding this...on my application I will have to put that I am unemployed and that I am living off savings (which will be true)...I will move to Ireland with no job and have trips booked to other spots in April already. I have no thought of getting a job until May but if everything seems easier that I don't work for the duration of my time in Ireland I won't be opposed to that either. Do you think this might make everything much easier for us? THanks!!

 

[canadianwoman]

Even if you spent a year in Ireland with travel to other countries, but without working, the visa officer is going to want proof you intend to return to Canada - if he or she finds out you have been out of Canada that long. It is not the working that is the problem, it is the length of time you will be out of Canada. Even that is not necessarily a problem, it just requires a bit more proof in the application.

You do not have to return as soon as he gets the PR visa - they usually expire one year after the medical was done, so you will have some time after getting the visa to stay in Ireland if you want. However, don't say this on the application.

What slb suggested is not a bad idea. For the first few months at least, you are just traveling. If the PR visa is issued quickly, then you were traveling the whole time you were away, and were still a resident of Canada.
You could send the application in before you leave Canada, using your parents' address, then go travel. If the visa officer processing the application asks for proof of your return to Canada later, you can provide it then. You could also go back to Canada after six months or so, and reestablish there, so then if the visa officer asks for proof you intend to return, you will have proof you already have done so.

 

[mgrandolini]

Even if you spent a year in Ireland with travel to other countries, but without working, the visa officer is going to want proof you intend to return to Canada - if he or she finds out you have been out of Canada that long. It is not the working that is the problem, it is the length of time you will be out of Canada. Even that is not necessarily a problem, it just requires a bit more proof in the application.

You do not have to return as soon as he gets the PR visa - they usually expire one year after the medical was done, so you will have some time after getting the visa to stay in Ireland if you want. However, don't say this on the application.

What slb suggested is not a bad idea. For the first few months at least, you are just traveling. If the PR visa is issued quickly, then you were traveling the whole time you were away, and were still a resident of Canada.
You could send the application in before you leave Canada, using your parents' address, then go travel. If the visa officer processing the application asks for proof of your return to Canada later, you can provide it then. You could also go back to Canada after six months or so, and reestablish there, so then if the visa officer asks for proof you intend to return, you will have proof you already have done so.

Wow thanks for being so helpful!

So basically my time line could be...

March 1 - we are legally common law
March 20 - Send application to Mississauga (stating that I am living in Canada - I would still be working but only until March 25, would I put employed or unemployed in this case?)
My boyfriend and I would both put that our residential address is at my parents and change it once we officially got to Ireland or what? (that is where we will be living for March as our lease will be up March 1)
March 30 - Leave for Ireland

I was thinking I would start applying for temporary work come the end of April...is this going to put me in a sticky situation?
Am I just better off saying that I am not a resident and give the proof of my intent to return? Are they really strict on this? It is the only thing I am concerned about. I have all of the documents showing it. I have lived in Canada all of my life, met my boyfriend in Canada, our relationship "grew and progressed" while we were in Canada and now the only reason we are leaving is so he can get PR to live and settle in Canada with me!! Makes me crazy I wish we had known this info before we booked our tickets to go!!

Thanks again

 

[canadianwoman]

Could work. Your boyfriend should change his address as soon as he has one in Ireland. You could keep your address as your parents' and, if asked, say you are just visiting your boyfriend in Ireland. But if you stay there for a longer time - let's say 6 months - the visa officer will probably ask for proof of intent to return. If the PR visa is issued quickly, you don't have to do anything - you were just out of the country for a while traveling.
I think if you apply for temporary positions, you do not have to update CIC.

Usually you put information as of the date the application is dated, so 'employed' is technically OK. But since you will be unemployed 5 days later .... You could put 'employed' then in the letter you can add to the application to provide further details of the relationship, you could be upfront and say you will be traveling with your common-law partner (don't call him your boyfriend in the application once you have reached that milestone) for a few months.