Sponsor Out of Country for more than 2 weeks

[canuck78]

Well you can see where this is going, the basic question is whether you are principally residing.

You're letting out bits more of info that, well, not exactly commuting every day. Well every other day plus weekends there where you didn't really it seems ever stop residing per se. You can see how they might well see things differently.

Will ircc make an issue of it? Don't know. Probably not. But maybe.

Want to avoid even the possibility of an issue? Reside unambiguously first and foremost in Canada. Have your spouse spend more time in Canada.

Principally residing is not enough. You can have a primary residence in Canada while spending months out of Canada. The requirement is that you must remain in Canada if a PR to sponsor a spouse not have a primary residence

 

[armoured]

Principally residing is not enough. You can have a primary residence in Canada while spending months out of Canada. The requirement is that you must remain in Canada if a PR to sponsor a spouse not have a primary residence

You're correct in that I didn't intend 'principal residence' here in any technical sense - such as CRA usage; I meant only actually residing most of the time.

But then I didn't think anyone would seriously use 'commuting from Canada' in quite so broad a sense, either.

So @Murchan - I wouldn't suggest playing with terminology with ircc or cbsa officers. They're going to think that residing in Canada and commuting means most nights and weekends in Canada. You seem to be using it in a way that might mean, ummm, a couple nights a week? They'll have your info - including crossings - and are not so stupid as some seem to think.

And no, just removing yourself from the flat you share with your spouse is probably not going to be convincing.

That said, no idea how much ircc is likely to pay attention to this.

 

[canuck78]

You're correct in that I didn't intend 'principal residence' here in any technical sense - such as CRA usage; I meant only actually residing most of the time.

But then I didn't think anyone would seriously use 'commuting from Canada' in quite so broad a sense, either.

So @Murchan - I wouldn't suggest playing with terminology with ircc or cbsa officers. They're going to think that residing in Canada and commuting means most nights and weekends in Canada. You seem to be using it in a way that might mean, ummm, a couple nights a week? They'll have your info - including crossings - and are not so stupid as some seem to think.

And no, just removing yourself from the flat you share with your spouse is probably not going to be convincing.

That said, no idea how much ircc is likely to pay attention to this.

Residing most of the time is still not enough time spent in Canada. Someone could interpret that as being in Canada 21 days in the month for example. Given that OP has already mentioned being somewhere in the US for 2 weeks in addition to splitting their time between Canada and their apartment with their partner in the US they may have only spent a week in Canada each month.

 

[armoured]

Residing most of the time is still not enough time spent in Canada. Someone could interpret that as being in Canada 21 days in the month for example. Given that OP has already mentioned being somewhere in the US for 2 weeks in addition to splitting their time between Canada and their apartment with their partner in the US they may have only spent a week in Canada each month.

I am purposefully not defining 'most of the time' as I don't believe it is clear what standard ircc might choose to apply, and the actual facts matter.

Ie most of the time was not intended to convey any simple fifty per cent or other simple math rule. Other factors might enter in - don't know.

I'd agree they could consider the pattern looks like only nominally being resident.

 

[canuck78]

Would suggest you reapply for OHIP once you are staying in Canada on a more permanent basis. If you haven’t met the 5 out of first 6 months you could be asked to repay any healthcare expenses you have until you reapply and start the count for the first year again.