Hi everyone, my common-law partner and I are applying for spousal sponsorship. We lived in Canada together for over three years. He's been living in Canada for over 15 years. Now, he just moved to the US for a new job. We are applying under the family class, where the sponsor can reside overseas. I understand that we need to submit proof that he will return to Canada after I get PR. We cannot be sure that he will be moving back to Canada immediately after my PR gets approved. What will happen if he doesn't move back? Will my PR get canceled?
The sponsor does not return to Canada immediately, is that OK?
- Thread starter qimiaowan
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You will need concrete proof that he will be moving to Canada to get PR. Many people did not move to Canada so the proof required is pretty significant now. For example proof of employment in Canada, proof of giving notice at their current job, proof of giving notice or selling a home abroad, proof of getting quotes or getting movers, etc. You should really delay applying for sponsorship until your partner is ready to move back to Canada. If your spouse is living and working in the US and you have not updated your sponsorship application that is misrepresentation and could lead to problems up to when you apply for citizenship. The issue isn’t living in the US he can sponsor you while in the US but you need concrete proof that he is going to return to Canada when you get PR.
I agree. I don’t think anyone will bat an eyelid if you are not living together for a short duration, couple of months but if the goal isn’t you living together then it may create problems at a later stage. Maybe you should be moving to the US? Doesn’t US recognize common law?
When you say 'not immediately', what time frame do you mean? Not sure, or some shorter period like half a year? A year?
Will be difficult to provide concrete of returning to Canada if you are returning half a year to a full year later but you can certainly try. The issue will be providing proof. Since many people didn’t return to Canada IRCC has raised the bar in terms of what they want proving that you actually plan on permanently relocating to Canad.
Two separate issues: first is showing intent to return to Canada. If he has kept ties of some kinds (property?), job searches, other basic things, will probably be ok - although we cna only guess. I've heard people say they are less picky about those coming from USA - and he's only been out of Canada for a year.
After that: assuming it gets approved, there really shouldn't be an issue after that - as long as you (the PR) actually return to Canada to reside in that first year. You can go, do the 'landing', then return to USA for a bit.
Main reason: the residency obligation. Gets problematic if you spend more than say two years abroad before returning to reside permanently.
He has property and family in Canada. He just moved to US for a month. I understand my residency obligation. I will stay in Canada in the next 5 years or so. I am just unclear if my sponsor doesn't return to Canada after I get PR (for 1-2years, he will probably be back after 3 years), is that gonna be a problem (PR revoked, citizenship problem)?
There can certainly be questions about your relationship if you remained in Canada while your common law partner lived in the US for up to 3 years and left Canada after submitting the sponsorship application. Assume he has updated his residential address and job history to indicate that you are no longer living together and he is living and working in Canada. Did you apply for inland sponsorship? That requires you to be living together. You can include proof that you are visiting him in the US while he is living and working there. Is there a reason you will not be moving with him to live with him in the US for 1-3 years? The length of time he will living in the US seems to be increasing. Not living together, being common law, if you applied for inland sponsorship but weren’t living together during the application process, etc. could lead to problems especially during citizenship application if there are questions about misrepresentation. You should really only be applying when he is planning returning to Canada and when living together if you are applying for inland sponsorship. On any type of application if it is discovered that you misrepresented your situation to IRCC then it can lead to potential issue with whatever status, permit or visa you obtained.
Does ircc follow you around after application approval to see where the sponsor went? Probably not. But in all fairness to the process and your obligations you may be taking at risk here. The most innocuous result being them just denying saying sponsor isn’t planning to move “so no can do”.
The more serious being approved/not approved and then being accused of misrepresenting your true intent here.
Ultimately it would be your choice. But I think ircc are clear about overseas canadians sponsoring their spouses.
The more serious being approved/not approved and then being accused of misrepresenting your true intent here.
Ultimately it would be your choice. But I think ircc are clear about overseas canadians sponsoring their spouses.
When applying to citizenship or even for PR renewal your history is examined. Most issues are only discovered when someone applied for citizenship.
Having property in Canada doesn’t change anything. If he is living and working in the US his residential address is the US not Canada and if you declared that he is living and working in Canada that would be considered misrepresentation. You need to figure out how long he is planning on living in the US. If you have applied for inland sponsorship you must be living together in Canada so that alone is a big issue. If you do not follow the rules and it is discovered that you never qualified for PR during a citizenship application for example then you could lose your PR status and all the time when you had PR would not count towards another application. This is why you should be honest when applying and make sure you qualify to the PR program you are applying for. For example in your case you should be applying or Outland sponsorship even if you are in Canada and your partner should be making concrete plans about his return date to Canada with his employer