Sponsor residence query

[Ravioli]

Hello

Just wondering if anyone is able to provide any advice

Im looking to apply for an outland family class application from the UK. Im a uk citizen and sponsor is a canadian citizen. Just going through the application i have come across that if you show that you are not currently cohabiting then there is whole load of evidence to supply to prove the genuineness of the relationship.

In our case, my husband and I have lived together for 12 years (been married for 12 with a kid) in the UK.
Since Jan 2024, my husband has been working and traveling to Canada for work but wasnt until October this year that he started staying with relatives in Canada for longer period of time for work. He does have bank account, health card in Canada.

Therefore he has established his residence in both the countries ie Canada and UK.

Based on the above, can I apply with the option that we live together in the UK(outside canada) although he travels alot to Canada to stay/work for longer period of time. And secondly, to prove the intent part, we can show hes already working with canadian employer, has a bank account etc there.

Will the above scenario raise questions or confusion for the IRCC caseworker

*have changed the original query to make it clearer

 

[thanhtam23]

Hello

Just wondering if anyone is able to provide their advice

Im looking to apply for an outland family class application. im a uk citizen and sponsor is a canadian citizen. Just going through the application i have come across that if you show that you are not currently cohabiting then there is whole load of evidence to supply to prove the genuineness of the relationship.

In our case, my husband and I have lived together for 12 years (been married for 12 with a kid) in the UK and since Jan 2024, my husband has been working and traveling across India and Canada and it wasnt until October that he started living and working with the family in canada.

So is it still okay to say in the application that hes been working and traveling in india/canada but has maintained his residence in the UK so I can still mention in the application that we live together? Or will this confuse the caseworker that how come sponsor working in canada but living in the UK?

regardless of how long you've been cohabitated in the past, if you're not living together anymore you have to fill in as such
just provide the evidence for the same context, like how do you communicate when you're not together, evidence for past cohabitation, etc.
as long as you're having a genuine relationship, i'm sure there is no difficulty to provide the evidence that they want

 

[canuck78]

Hello

Just wondering if anyone is able to provide their advice

Im looking to apply for an outland family class application. im a uk citizen and sponsor is a canadian citizen. Just going through the application i have come across that if you show that you are not currently cohabiting then there is whole load of evidence to supply to prove the genuineness of the relationship.

In our case, my husband and I have lived together for 12 years (been married for 12 with a kid) in the UK and since Jan 2024, my husband has been working and traveling across India and Canada and it wasnt until October that he started living and working with the family in canada.

So is it still okay to say in the application that hes been working and traveling in india/canada but has maintained his residence in the UK so I can still mention in the application that we live together? Or will this confuse the caseworker that how come sponsor working in canada but living in the UK?

Think you are worrying about nothing. If anything your spouse having already moved to Canada to work makes your application stronger. If he was living in the UK he would have to provide concrete proof that you would be moving to Canada. You have been married for 12 years, have 2 kids together, your kids are likely dual citizens, you’re a UK citizen so not a country know for immigration fraud to Canada, etc. so this is an easy application to approve.

 

[armoured]

In our case, my husband and I have lived together for 12 years (been married for 12 with a kid) in the UK and since Jan 2024, my husband has been working and traveling across India and Canada and it wasnt until October that he started living and working with the family in canada.

Agree very much that this shouldn't be an issue. If you feel anything not clear, write a short, factual letter of explanation.

I understand you've not applied yet, but he is in Canada. Apply as living together and if anything missing (eg to show he is residing here) - short letter of explanation. This is not going to be a hard application for IRCC to approve.

 

[Ravioli]

Thank you for your responses. So just to get it clear from my end, are you saying that

I can apply as living together outside Canada and in order to provide proof that we will move to the Canada upon becoming PR, we can show that he's already working in Canada and a supporting letter to explain the situation (like he frequently travels to Canada for work and lives with family when he is there)

Is there any other proof required to show our intent to move to Canada from the UK once we have PR's or the above letter will be sufficient?

 

[canuck78]

Thank you for your responses. So just to get it clear from my end, are you saying that

I can apply as living together outside Canada and in order to provide proof that we will move to the Canada upon becoming PR, we can show that he's already working in Canada and a supporting letter to explain the situation (like he frequently travels to Canada for work and lives with family when he is there)

Is there any other proof required to show our intent to move to Canada from the UK once we have PR's or the above letter will be sufficient?

If you’re not currently living together no. You can attach a note explaining your husband has already moved to Canada to work and you (and your children) want to join him. Proof of employment in Canada and other ties like housing, utility bills, recent health card, drivers license, etc. can be included for proof of intent but don’t go crazy because your spouse working and living in Canada is already quite a lot of proof of intent to settle in Canada.

 

[armoured]

I can apply as living together outside Canada and in order to provide proof that we will move to the Canada upon becoming PR, we can show that he's already working in Canada and a supporting letter to explain the situation (like he frequently travels to Canada for work and lives with family when he is there)

Is there any other proof required to show our intent to move to Canada from the UK once we have PR's or the above letter will be sufficient?

I'm now confused. You wrote in first post that:

In our case, my husband and I have lived together for 12 years (been married for 12 with a kid) in the UK and since Jan 2024, my husband has been working and traveling across India and Canada and it wasnt until October that he started living and working with the family in canada.

I read this and still parse this as saying that he and you all ('the family') are now living in Canada. Together.

If that's the case, even if he is still travelling and working abroad part of the time, then it's all quite easy.

Otherwise I have no idea what you're saying and who is living where. Let's start with him: has he established a residence in Canada? Or is it more accurate to say he resides in UK?

 

[Ravioli]

I'm now confused. You wrote in first post that:


I read this and still parse this as saying that he and you all ('the family') are now living in Canada. Together.

If that's the case, even if he is still travelling and working abroad part of the time, then it's all quite easy.

Otherwise I have no idea what you're saying and who is living where. Let's start with him: has he established a residence in Canada? Or is it more accurate to say he resides in UK?

Apologies for creating the confusion. Heres the current scenario:
- My husband is currently in Canada (since Oct 24) as hes employed by canadian employer (family business)- he has a canadian bank account, health card, cell phone bill and lives with relatives when hes there. Before Oct 24 he was mainly working on remote basis with them.
- Myself and our kid are still in the UK and will join him once the application is submitted.

Secondly he still maintains his residence in the UK as we havent removed his name from any of the joint financial responsibilities. .

 

[Ravioli]

So based on the above scenario where he still maintains his residence in the UK with myself, I was wondering If I can apply as living together outside UK and in order to prove the intent part, I can provide a summary letter that he is already working with canadian employer for which he needs to travel when required but lives in the UK for most part.

Would it be okay?

 

[thanhtam23]

i would say no, answer and follow the checklist with the option that you're NOT living together

 

[Ravioli]

If you’re not currently living together no. You can attach a note explaining your husband has already moved to Canada to work and you (and your children) want to join him. Proof of employment in Canada and other ties like housing, utility bills, recent health card, drivers license, etc. can be included for proof of intent but don’t go crazy because your spouse working and living in Canada is already quite a lot of proof of intent to settle in Canada.

Thank you for the response. I think the need to prove the intention isnt required on his behalf as hes already in Canada. Therefore as you mentioned I might have to go with 'not living together' and provide detail around why.

I guess I was just trying to avoid to provide a huge list of evidence of relationship as its 12 year old relationship and when you mention that you dont live together thats when it becomes mandatory.

 

[Ravioli]

i would say no, answer and follow the checklist with the option that you're NOT living together

Thank you for taking time to respond. I was just trying to avoid the obvious

 

[thanhtam23]

Thank you for taking time to respond. I was just trying to avoid the obvious

stick to the fact at all times, i believe you will be fine

 

[armoured]

I guess I was just trying to avoid to provide a huge list of evidence of relationship as its 12 year old relationship and when you mention that you dont live together thats when it becomes mandatory.

It's more factual, I think, to say he's residing in Canada even if he travels a lot, and that you currently live apart.

Just include short letter of explanation that you've been factually residing together (prior to his relocation) and have a kid. You can go a bit light on the 'not living together' stuff - eg in my opinion don't bother with the 'show you've been communicating' stuff - and emphasize instead the long time living together, and all that time didn't need to keep records of communicating, and he's only moved to Canada as part of family relocation plan. If it's simple, explain why you're relocating later (eg schooling for kid or whatever).

It may not be obvious but this is somewhat easier (in your case) than having to do the 'demonstrate returning to Canada' parts he would have to do if he was still residing abroad.

Which is not necessarily that onerous but seems to require more analysis at IRCC/less standard than 'is this a real relationship' evaluation, which is bread-and-butter work for them and also not remotely challenging in your case. The "I plan to move back to Canada" stuff is more tedious and less common - and for most people, harder to come up with specific documents.

 

[Ravioli]

Thankyou for your guidance and appreciate all the responses. I will take heed and go with the facts as advised.