Question. Canadian citizen live outside of Canada sponsoring child

[iodinedr012]

Hi,

I am a Canadian Citizen living outside of Canada. My son is now 16 years old but he was born before I became Canadian citizen. So, I can only sponsor him to become a Permanent resident through the Family Class Sponsorship.
I saw on CIC website that "If you are a Canadian citizen, you may sponsor a spouse, a common-law partner or conjugal partner, or a dependent child who has no children of his or her own. However, you must demonstrate that you will live in Canada when the sponsored person becomes a permanent resident."

So, I have 2 questions.
1. How do I demonstrate that I will live in Canada when the sponsored person becomes a permanent resident?
2. Do I have a option not to stay in Canada if my son application went through and becoming a PR?

Thanks guys. Really appreciate if someone can help me.

 

[zardoz]

Hi,

I am a Canadian Citizen living outside of Canada. My son is now 16 years old but he was born before I became Canadian citizen. So, I can only sponsor him to become a Permanent resident through the Family Class Sponsorship.
I saw on CIC website that "If you are a Canadian citizen, you may sponsor a spouse, a common-law partner or conjugal partner, or a dependent child who has no children of his or her own. However, you must demonstrate that you will live in Canada when the sponsored person becomes a permanent resident."

So, I have 2 questions.
1. How do I demonstrate that I will live in Canada when the sponsored person becomes a permanent resident?
2. Do I have a option not to stay in Canada if my son application went through and becoming a PR?

Thanks guys. Really appreciate if someone can help me.

1) Things like arranging for employment and somewhere to live (lease or purchase). If your child is of school age, documentary evidence of finding a school for them. Basically all the things that would demonstrate that you are actively making arrangements to return. If you are not convincing, your sponsorship application will be refused.

2) In theory, no, as you have declared intent to return as a condition for becoming an eligible sponsor. In practice, yes. (Charter Rights etc). However CIC might consider a case of misrepresentation if you are blatantly lying in order to achieve an immigration result. Having looked at your previous posts in May about this subject, it seems that you would have to lie to CIC as you appear to have no real intent to return.

The whole purpose of the Family Class is for family unification, not as would seem in your case, a way to get cheap education for your child.

 

[iodinedr012]

1) Things like arranging for employment and somewhere to live (lease or purchase). If your child is of school age, documentary evidence of finding a school for them. Basically all the things that would demonstrate that you are actively making arrangements to return. If you are not convincing, your sponsorship application will be refused.

2) In theory, no, as you have declared intent to return as a condition for becoming an eligible sponsor. In practice, yes. (Charter Rights etc). However CIC might consider a case of misrepresentation if you are blatantly lying in order to achieve an immigration result. Having looked at your previous posts in May about this subject, it seems that you would have to lie to CIC as you appear to have no real intent to return.

The whole purpose of the Family Class is for family unification, not as would seem in your case, a way to get cheap education for your child.

Thank you zardoz.
More questions in additional to your comment.
1) Is there any "Official" requirements about how to demonstrate that I will live in Canada?

2) I am still planning to reside in Canada again. However, ideally, my plan is moving back to Canada that around 5 years with my family. I don't know if that will work if I have my son move to Canada first then I move couple years after.

I totally understand about the purpose of the family class sponsorship. That's why I didn't apply in the last 16 years. Until early this year, the definition of dependent child was up 22 years old and full-time student if older than 22 years old. However, it was changed in this Aug.
I haven't made any application yet. What I am doing is to set up a game plan. Moving a family from a country to another country is complicating.

Thanks,

 

[zardoz]

Thank you zardoz.
More questions in additional to your comment.
1) Is there any "Official" requirements about how to demonstrate that I will live in Canada?

2) I am still planning to reside in Canada again. However, ideally, my plan is moving back to Canada that around 5 years with my family. I don't know if that will work if I have my son move to Canada first then I move couple years after.

I totally understand about the purpose of the family class sponsorship. That's why I didn't apply in the last 16 years. Until early this year, the definition of dependent child was up 22 years old and full-time student if older than 22 years old. However, it was changed in this Aug.
I haven't made any application yet. What I am doing is to set up a game plan. Moving a family from a country to another country is complicating.

Thanks,

1) Not as far as I am aware. Every case is different and the assessment is down to the individual CIC officers discretion. If there is, as in your case, a history of being out of the country, they will certainly ask why now... Some people are able to offer little proof, as in our case. Others have been refused even with quite extensive "evidence". If the officer is suspicious, the threshold will be MUCH higher.

2) As I said before, your sponsorship eligibility is based on immediate intent to return to Canada, not some years down the line. It is on this basis that you will be assessed, and any declaration that you make will be required to comply with this intent. Because your child will require a nominated guardian, this will immediately flag up that you have not returned as a family.

 

[iodinedr012]

1) Not as far as I am aware. Every case is different and the assessment is down to the individual CIC officers discretion. If there is, as in your case, a history of being out of the country, they will certainly ask why now... Some people are able to offer little proof, as in our case. Others have been refused even with quite extensive "evidence". If the officer is suspicious, the threshold will be MUCH higher.

2) As I said before, your sponsorship eligibility is based on immediate intent to return to Canada, not some years down the line. It is on this basis that you will be assessed, and any declaration that you make will be required to comply with this intent. Because your child will require a nominated guardian, this will immediately flag up that you have not returned as a family.

Thanks again zardoz. Appreciate for your quick respond and answer. Those will help me setup my game plan above moving back to Canada.