Relative's Staying in outside while your case is being processed

[jnathan]

Hi there,

is it a rule that applicant's relative from whom he is claiming 5 points has to be stayed in Canada the entire time of of applicant's processing of skilled worker application? where is the rule written by CIC about this? Previously, PR cases required 5-6 years. these days some CHC's are asking for relative's recent phyically staying records in Canada.

I believe that, An applicant has no right to make his relative telling him/her to stay in Canada during the application processing period. This is pure violation to ones right to Free movement-- an applicant cant order his relative that " Stay in Canada while my case is being processed and reach a decision" .

 

[saki]

Hi,

The relative should be residing in Canada but going out of Canada for holidays is acceptable. But if relatives are permanently living in any other country then you cant claim any points for it.

Cheers
Saki

 

[jnathan]

saki,

would you please locate me to CIC's policy on this issue?

 

[saki]

saki,

would you please locate me to CIC's policy on this issue?

Below is the link to the CIC website about the adaptibility points and if you see the relatives in Canada last section you will see it clearly written " who is residing in Canada and is a Canadian citizen or permanent resident"

"Residing in Canada" means that he/she must be living in canada permanently.

http://www.cic.gc.ca/english/immigrate/skilled/factor-adaptability.asp

Cheers
Saki

 

[Derry]

Hi there,

is it a rule that applicant's relative from whom he is claiming 5 points has to be stayed in Canada the entire time of of applicant's processing of skilled worker application? where is the rule written by CIC about this? Previously, PR cases required 5-6 years. these days some CHC's are asking for relative's recent phyically staying records in Canada.

I believe that, An applicant has no right to make his relative telling him/her to stay in Canada during the application processing period. This is pure violation to ones right to Free movement-- an applicant cant order his relative that " Stay in Canada while my case is being processed and reach a decision" .

Here's the link u asked for in Trackitt...
http://www.canadavisa.com/canada-immigration-discussion-board/points-for-relative-in-canada-t55317.0.html

Read the last post.

 

[jnathan]

There is a Detail direction about it by CIC.
Relative is in Canada now but visited abroad and came back to Canada while applicant's application was/is being processed. people do roam , go on holidays for months.

What is the exact Rule, probably in op06-eng.pdf or somewhere else?

 

[saki]

Hi jnathan,

I cant find the detail link for relative on CIC but if a relative is going on holidays then its fine as long as his/her permanent address remains the same canadian address. Residing in Canada means he/she be living in Canada either working there or with a family. You will just need to show that they are permanently residing in Canada.

Hope this helps

Cheers
Saki

 

[asyousuf]

There is a Detail direction about it by CIC.
Relative is in Canada now but visited abroad and came back to Canada while applicant's application was/is being processed. people do roam , go on holidays for months.

What is the exact Rule, probably in op06-eng.pdf or somewhere else?

Permanent residence of relative is mostly viewed / evident by latest utility bills of residence that proves that they are living there but may be on temporary visit to some other part of the world. I had to share the same with CHC to prove that my relatives are currently residing in Canada and was accepted.

asyousuf

 

[jnathan]

The problem is:

Proof that your relative is currently physically residing in Canada and has been for the past 6 months.

Why would someone bound his/her relative to stay in Canada for straight 6 months, people have needs to go outside Canada, the question should be whether the relative is CURRENTLY residing in Canada or not. Why did the Immig officer added "and has been for the past 6 months". There has to be some boundary for ridicule requirements.

 

[asyousuf]

The problem is:

Proof that your relative is currently physically residing in Canada and has been for the past 6 months.

Why would someone bound his/her relative to stay in Canada for straight 6 months, people have needs to go outside Canada, the question should be whether or not relative is CURRENTLY residing in Canada or not. Why did the Immig officer added "and has been for the past 6 months". There has to be some boundary for ridicule requirements.

Dear..as being rule..off course this is what it says but VO is not hard on this situation. Only thing, as a logic u hv to prove that the person / relative is the citizen and permenently settled in Canada.
asyousuf

 

[angelbrat]

The problem is:

Proof that your relative is currently physically residing in Canada and has been for the past 6 months.

Why would someone bound his/her relative to stay in Canada for straight 6 months, people have needs to go outside Canada, the question should be whether the relative is CURRENTLY residing in Canada or not. Why did the Immig officer added "and has been for the past 6 months". There has to be some boundary for ridicule requirements.

Anything CIC does, does not always make sense. However, they make the rules and you must abide by the rules or give up your application.

I am not saying they are right or wrong but if CIC want your relatives to be residing in Canada for the last 6 months, then I am afraid you will have to ask them to do that.

By the way, I also believe residing means that your family can take short holidays etc. CIC are not that stupid. Just that your relatives must be living, paying taxes, working, in school etc in Canada.

 

[jnathan]

asyousuf, angelbrat,

There has to be written rules under which that "6 months" would be imposed on the relative.
I never heard that 6 months barrier before I applied to CIC, neither did my relative. Only thing I knew and the visa office guide said, relative had to be a resident or citizen. Now I am hearing from CHC that (i) they had to be residents (ii) they need to supply me with their current bank statements, tax papers or similar proofs. They can easily look through this going to my relative's National profile, I am sure Immigration officers are not like those kids that cries for candies but no tongue to know what they taste.

Remeber, any foul CIC whimsically made rule by an officer would be strictly questioned if challenged in a court in Canada. so I dont think there is any rule about the 6 months barrier. its that they want an explanation what my relative did outside Canada when she stayed for 6 months.