Residency Rules for Citizens

[Bangkokcanuck]

Hi all,

I hope someone can shed some light on this question for me or perhaps point me in the direction of where I can learn more. I am a Canadian citizen, born and lived there for the first 45 or so years of my life full time. At which point I started spending more time out of the country traveling.

I have been living in Bangkok, Thailand for the last 16 months since Dec. 2008. The reason being my wife (Thai national) of three years and I had a child and naturally I did not want to leave them alone.

The question is we would like to move to Canada and live there full time. My son has his Citizenship card and Canadian Passport. I realize it will take as long as a year for my wife to receive a RP.

I have read somewhere that as I have not lived in Canada full time that I might in fact NOT be able to sponsor her, something about needing to have been in Canada full time for a total of 2 of the last 5 years? I think I would still be ok of right now, but so sure if I would be ok if we let another year pass while waiting for my wife's RP.

We obviously do not want to move over in steps as we have a young child, but is that easier to have my son and I move back and then sponsor my wife?

Just for the record she is a normal Thai (not involved in the nightlife industry in any way shape or form) she has received a visitors Visa to Canada in the past with me and a couple to Australia so we are quite sure her RP would be approved with no issue.

Any direction that can be provided would be greatly appreciated as we embark on the RP process now.. is there a step by step post somewhere that might make the process a little less daunting?

Thanks in advance everyone,

J

 

[PMM]

Hi

Hi all,

I hope someone can shed some light on this question for me or perhaps point me in the direction of where I can learn more. I am a Canadian citizen, born and lived there for the first 45 or so years of my life full time. At which point I started spending more time out of the country traveling.

I have been living in Bangkok, Thailand for the last 16 months since Dec. 2008. The reason being my wife (Thai national) of three years and I had a child and naturally I did not want to leave them alone.

The question is we would like to move to Canada and live there full time. My son has his Citizenship card and Canadian Passport. I realize it will take as long as a year for my wife to receive a RP.

I have read somewhere that as I have not lived in Canada full time that I might in fact NOT be able to sponsor her, something about needing to have been in Canada full time for a total of 2 of the last 5 years? I think I would still be ok of right now, but so sure if I would be ok if we let another year pass while waiting for my wife's RP.

We obviously do not want to move over in steps as we have a young child, but is that easier to have my son and I move back and then sponsor my wife?

Just for the record she is a normal Thai (not involved in the nightlife industry in any way shape or form) she has received a visitors Visa to Canada in the past with me and a couple to Australia so we are quite sure her RP would be approved with no issue.

Any direction that can be provided would be greatly appreciated as we embark on the RP process now.. is there a step by step post somewhere that might make the process a little less daunting?

Thanks in advance everyone,

J

1. The 2/5 years only applies to residency for Permanent Residents. It doesn't apply to citizens.
2. As a citizen you can sponsor your wife while you are residing overseas, all you have to include is a statement as to what your plans are as to to accommodation, work, schooling when your spouse is issued a visa.
3. The application forms and the information is here: http://www.cic.gc.ca/english/information/applications/fc.asp

 

[Bangkokcanuck]

1. The 2/5 years only applies to residency for Permanent Residents. It doesn't apply to citizens.

Thank goodness, very happy to hear that so I can stop going back over my last five years in my Passport and figuring out exactly how many days/weeks/months I was globe trotting... ummm not that I doubt you but would you have a link somewhere I could read that as you seemed to know it off the top of your head

2. As a citizen you can sponsor your wife while you are residing overseas, all you have to include is a statement as to what your plans are as to to accommodation, work, schooling when your spouse is issued a visa.

Will it be an issue that my wife has no plans for working or schooling? We would much rather she stay home with our son, financially that will be a non issue for me to support and I also would much prefer it.

3. The application forms and the information is here: Link Removed

Thanks again... consider the process started.

 

[toby]

You can bank on what PMM says. He's the Man.

In addition, I am a Canadian citizen, lived outside Canada for 6 years, and applied to sponsor my Chinese wife to Canada as a permanent resident. I was accepted as a sponsor. So will you be accepted.

 

[Bangkokcanuck]

Alrighty then I guess we will take "The Man's" word for it haha...

We are starting the process now hope to have the application in next month (June 2010) and hoping for the best. We want to return to have my son educated in Canada, the schools in Thailand are horrific... we are leaving about a 2 year window before he would have to register for school so we are assuming that should be enough time for my wife to get a RP.

Thanks again,

 

[PMM]

Hi

Alrighty then I guess we will take "The Man's" word for it haha...

We are starting the process now hope to have the application in next month (June 2010) and hoping for the best. We want to return to have my son educated in Canada, the schools in Thailand are horrific... we are leaving about a 2 year window before he would have to register for school so we are assuming that should be enough time for my wife to get a RP.

Thanks again,

1. You send the sponsorship and the complete application to Mississauga 65 Days for approval/refusal of sponsorship
2. The application will then be sent to Singapore, where it will take 5-15 months for 80% of the applications.

 

[Bangkokcanuck]

1. You send the sponsorship and the complete application to Mississauga 65 Days for approval/refusal of sponsorship

Hello again PMM, goodness reading through those applications is a daunting task, and it really does bring up a slew of new questions. I gather from your most resent message both applications are sent together and if the approve ME as a sponsor they will then move and automatically start processing my wife's application.

If for some reason they deem me not able/fit whatever as a sponsor is there an appeal process or the ability to have someone else like my parents living in Canada etc to co-sponsor or something like that?

Some of the stuff wow not going to be easy to dig up I guess my time frame of being able to complete and submit the applications in a month were rather optimistic....

More questions to follow.

 

[Bangkokcanuck]

In addition, I am a Canadian citizen, lived outside Canada for 6 years, and applied to sponsor my Chinese wife to Canada as a permanent resident. I was accepted as a sponsor. So will you be accepted.

Toby,

If you don't mind me asking and of course I am not asking for personal details just general info as you seem to be in somewhat the same boat as me living abroad when you applied.

When I look at the requirements to be a sponsor I am unsure as to how to answer some of the question. Things like providing a current assessment from RevCan well I haven't filed taxes in Canada for years, not living there. Plus I have technically no income in Thailand as I own the businesses with my wife but she claims all the income for tax purposes our accountants said it was much cleaner and easier that way. So in reality I don't show any income here, how do I describe that on my application?

Plus stuff like this really throws me off...

Sponsors not residing in Canada must provide evidence that they reside exclusively outside Canada on the date of giving the undertaking and will reside in Canada at the time their sponsored spouse, common-law partner, conjugal partner and/or children become permanent residents of Canada. Evidence that they will reside in Canada may include one or more of the following:

How is they expect me to show proof of establishing myself back in Canada when I have no clue when my wife would receive a RP? I have no trouble proving I live abroad but my plan (maybe wrongly) was that we would just head back to Canada whenever the RP was approved and rent something place to live then and rejoin the work force etc, I would be returning with a reasonable sum of money as we would be selling our businesses here, but I am at a loss as to how I could rent something or have a job offer with NO firm date as to when I could return... how does one get around that issue?

 

[PMM]

Hi

Toby,

If you don't mind me asking and of course I am not asking for personal details just general info as you seem to be in somewhat the same boat as me living abroad when you applied.

When I look at the requirements to be a sponsor I am unsure as to how to answer some of the question. Things like providing a current assessment from RevCan well I haven't filed taxes in Canada for years, not living there. Plus I have technically no income in Thailand as I own the businesses with my wife but she claims all the income for tax purposes our accountants said it was much cleaner and easier that way. So in reality I don't show any income here, how do I describe that on my application?

Plus stuff like this really throws me off...

Sponsors not residing in Canada must provide evidence that they reside exclusively outside Canada on the date of giving the undertaking and will reside in Canada at the time their sponsored spouse, common-law partner, conjugal partner and/or children become permanent residents of Canada. Evidence that they will reside in Canada may include one or more of the following:

How is they expect me to show proof of establishing myself back in Canada when I have no clue when my wife would receive a RP? I have no trouble proving I live abroad but my plan (maybe wrongly) was that we would just head back to Canada whenever the RP was approved and rent something place to live then and rejoin the work force etc, I would be returning with a reasonable sum of money as we would be selling our businesses here, but I am at a loss as to how I could rent something or have a job offer with NO firm date as to when I could return... how does one get around that issue?

1. Your state that you have not been a tax resident in Canada for x years, and that your business in Thailand is in your wifes name.
2. You tell them in your statement that once the PR visa is issued, you will be renting in x city, and it is your intention to look for work and closer to the time, you will send out resume.

 

[Bangkokcanuck]

Hi

1. Your state that you have not been a tax resident in Canada for x years, and that your business in Thailand is in your wifes name.
2. You tell them in your statement that once the PR visa is issued, you will be renting in x city, and it is your intention to look for work and closer to the time, you will send out resume.

Ok well I have been informed you are the man so I will take this at face value, I guess I just don't remember my Canadian gov't being so ummmmm flexible?

So I will assume in the area where they ask for an assessment from the most recent tax year I can again state I have not been a tax resident...

Thanks again, I am sure I will be bothering you more over the next month.

 

[Bangkokcanuck]

Ok here is one I don't see addressed anywhere. In the sponsorship application it asks info about MY mother and father, name address, etc..etc..... would it be ok to use my step father? As he has been married to my mother for the last 26 years and I have no idea if my biological father is even alive or dead and wouldn't have a clue how to go about getting info on him...

Thanks

 

[toby]

You can't change reality, so just explain it as well as you can in a cover letter.

If your biological father is unknown, just say so and report on your step-father.

In your type of application and mine, I am told that CIC is mainly concerned with two things: your intention to really return to Canada, and the legitimacy of the relationship.

On the latter there are many, many posts in this forum. On the former, the more concrete your plans to return to Canada seem, the more credible they will be.

I rented an apartment for a year, and attached it to the application. As the processing of our application is taking longer than I hoped, I’ll lose the deposit, but it was a cost I was willing to pay for more credibility. Or, a letter from parents or family in Canada saying you are free to stay at their place while you get settled would strengthen the impression that your plans are firm.

By all means mention the plan to sell your business, and perhaps mention the chances of doing so in the near future once a PR visa is granted. That is, how do you know you can sells it? And what type of job will you seek? Even though a Canadian sponsoring his spouse is not required to meet a minimum income level, I think it doesn’t hurt to show what a financially-responsible fellow you are.

 

[Bangkokcanuck]

You can't change reality, so just explain it as well as you can in a cover letter.

If your biological father is unknown, just say so and report on your step-father.

Fair enough, just want to make sure I am not slowing the process down by anything I do. Figure I might as well ask all this stuff now to try and make things go forward as smoothly as possible.

In your type of application and mine, I am told that CIC is mainly concerned with two things: your intention to really return to Canada, and the legitimacy of the relationship.

On the latter there are many, many posts in this forum. On the former, the more concrete your plans to return to Canada seem, the more credible they will be.

I rented an apartment for a year, and attached it to the application. As the processing of our application is taking longer than I hoped, I'll lose the deposit, but it was a cost I was willing to pay for more credibility. Or, a letter from parents or family in Canada saying you are free to stay at their place while you get settled would strengthen the impression that your plans are firm.

By all means mention the plan to sell your business, and perhaps mention the chances of doing so in the near future once a PR visa is granted. That is, how do you know you can sells it? And what type of job will you seek? Even though a Canadian sponsoring his spouse is not required to meet a minimum income level, I think it doesn't hurt to show what a financially-responsible fellow you are.

Well we are serious as heart attacks to move back, we do NOT want our son to attend school in Thailand. From the minute he was born first thing my wife asked is if there was any way we could educate him in the West and we have been working towards that ever since. They will see we are as serious as two people can be.

We already have a standing offer on our business but were not sure if we should sell it now this far ahead of our possible return date. My Mom has already offered to write such a letter as we are more than welcome to stay at her house in Ontario as they spend most of their year at the place in California anyway.

As for our relationship being real I guess anybody can say it is, and really no matter how much proof one can provide it's a personal call to the person looking over things but anybody with a fully functioning brain ;D looking over our history and lives in the last four years would know and see we are totally legit. We have actually made a point in the last year to take more pics together on our vacations and stuff, never really thought about that stuff before but it was a good excuse to go back to Sydney and visit Hong Kong again haha.. and of course my wife has spent two months in Canada and loved it...

My brother actually lives in BC and we were thinking of renting a house there and let him live in it so it's actually going to get used and I would have the rental contract in my name so they can see I have started to make plans to move back.

Again I want to thank you for your thoughts on this and I hope I will not be too annoying as I move forward with this process it seems this board is a wealth of info and I do hope to tap into as much of it as I can and hopefully we will be posting our "WE got it" post as soon as possible.

J

 

[toby]

Fair enough, just want to make sure I am not slowing the process down by anything I do. Figure I might as well ask all this stuff now to try and make things go forward as smoothly as possible.

Well we are serious as heart attacks to move back, we do NOT want our son to attend school in Thailand. From the minute he was born first thing my wife asked is if there was any way we could educate him in the West and we have been working towards that ever since. They will see we are as serious as two people can be.

"They" tend to see only the documents in front of them, and the more easily one can tick their boxes, the happier they are. As one lawyer told me, not known for thinking outside the box. I just submitted an application for a tourist visa for my wife to visit Canada with me for a few months this summer. The Visa Application Centre got all bothered by the fact that (1) it was my brother who issued the invitation letter (it MUST be written by someone residing in Canada, apparently; cannot be written by me, her Canadian husband because I staying in China with her), BUT (2) I supplied my own financial information (because I have more money, and the reality is that I will be financially responsible for my wife, not my brother. We'll see how the application fares, but I wonder whether common sense really does prevail.

.

We already have a standing offer on our business but were not sure if we should sell it now this far ahead of our possible return date. My Mom has already offered to write such a letter as we are more than welcome to stay at her house in Ontario as they spend most of their year at the place in California anyway.

That's great, if you can get the standing offer in writing!!

As for our relationship being real I guess anybody can say it is, and really no matter how much proof one can provide it's a personal call to the person looking over things but anybody with a fully functioning brain ;D looking over our history and lives in the last four years would know and see we are totally legit. We have actually made a point in the last year to take more pics together on our vacations and stuff, never really thought about that stuff before but it was a good excuse to go back to Sydney and visit Hong Kong again haha.. and of course my wife has spent two months in Canada and loved it...

I think you're golden: length of time together, already passed the test by getting a visa to Canada.

My brother actually lives in BC and we were thinking of renting a house there and let him live in it so it's actually going to get used and I would have the rental contract in my name so they can see I have started to make plans to move back.

Could work too. But may be an unnecessary expense given letter from mother, and standing offer to sell business.

Again I want to thank you for your thoughts on this and I hope I will not be too annoying as I move forward with this process it seems this board is a wealth of info and I do hope to tap into as much of it as I can and hopefully we will be posting our "WE got it" post as soon as possible.

J

 

[Bangkokcanuck]

My brother actually lives in BC and we were thinking of renting a house there and let him live in it so it's actually going to get used and I would have the rental contract in my name so they can see I have started to make plans to move back.

Could work too. But may be an unnecessary expense given letter from mother, and standing offer to sell business.

The only reason I was thinking of this is that we do want to settle in BC, it's a much shorter flight to and from Thailand as we plan to make regular visits back to see family. Plus I guess I was thinking if they ask us where we plan to land and settle having a letter from my mother saying we can stay in Ontario might seem contrived... perhaps a little bit of over thinking on my part haha..

Thanks,