URGENT: HELP PLEASE

[Pitt1234]

It's a bad situation to be in. I take my previous advice back

I am not sure if I would leave my job and go to Canada and wait for my wife to come there (while she also leaves her's). Long distance relationships suck. Long distance relationship without any money suck even more :-X Also, it's not easy to get a job in Canada (definitely it's way way tougher as compared to India or US). If I were you and if me and my wife both were successful professionals in my home country I would think a hundred times before just jumping to Canada. May be travel there on tourist visas, try to find jobs, or perhaps apply for work permits if you already have a job offer.

Canada is a beautiful country, but its not worth leaving 2 successful careers and a painful long distance relationship. If you both can find a job there, sure go there and be a permanent resident.

My understanding is same as Ponga. This is only reserved for Canadian citizens but not PRs.

In the old guide (last year), there was a specific point about residency of the sponsor. If he/she is not living in Canada, then he/she may not be eligible. By "may not" qualify, it basically means if you are Canadian citizen you are still eligible, but if you are PR you are not. I doubt it has suddenly changed. Do not forget that a sponsor who is a PR has his/her own residency requirement in order to remain a PR (at least when it comes time to renew the PR card at the 5 year mark).

So the following is only my own suggestion, so others can chip in and the poster would have to do further investigation. What the poster can do is to establish residency but still work abroad. Basically he would have a Canadian address, and pay Canadian taxes on his global income. This way, he will not lose his job at this time, while still being able to be with his wife who is still working. Not everyone can stop working and go to Canada and wait. Many times there are serious financial implications...honestly, one more month of work is one more month of pay, something that CIC does not care or realize as bureaucrats basically have secure jobs for life. Anyway, the sponsor being able to go back to Canada "often", and if he can work from home at times, would be a big plus to support this story. Basically he can then say he's working on contract paid by a foreign company, and requires to travel on business trips out of the country.

If he goes back before Dec 31, he would be filing a tax return early next year even if it's only 1 day that he's declared he's a resident. That tax filing would be the strongest evidence of his residency in Canada.

 

[cheng9999]

The PR has to be physically in Canada.

What I said does not contradict him being physically back in Canada. In fact, I said that he needs to establish residency first. How he keeps his employment by doing that, that's between him and his employer. His employer may allow him to do that. Canada only cares if he would declare global income. If he does, then it is his strongest evidence of having established residency again. How he arranges is employment, and that he is employed by another company in another country, is not that special in today's global economy.

That said, the poster would have to address the residency sooner or later anyway, as his residency requirement would dictate that he needs to be back, and it's not just the work arrangement. He would need to be physically in the country.

 

[Ponga]

What I said does not contradict him being physically back in Canada. In fact, I said that he needs to establish residency first. How he keeps his employment by doing that, that's between him and his employer. His employer may allow him to do that. Canada only cares if he would declare global income. If he does, then it is his strongest evidence of having established residency again. How he arranges is employment, and that he is employed by another company in another country, is not that special in today's global economy.

That said, the poster would have to address the residency sooner or later anyway, as his residency requirement would dictate that he needs to be back, and it's not just the work arrangement. He would need to be physically in the country.

So...please explain what you meant by this:
"This way, he will not lose his job at this time, while still being able to be with his wife who is still working."

Since he HAS to be in Canada...how can he still be with his wife, is she is unable to come to Canada during the process?

 

[mad_hatter]

What I said does not contradict him being physically back in Canada. In fact, I said that he needs to establish residency first. How he keeps his employment by doing that, that's between him and his employer. His employer may allow him to do that. Canada only cares if he would declare global income. If he does, then it is his strongest evidence of having established residency again. How he arranges is employment, and that he is employed by another company in another country, is not that special in today's global economy.

That said, the poster would have to address the residency sooner or later anyway, as his residency requirement would dictate that he needs to be back, and it's not just the work arrangement. He would need to be physically in the country.

This is not true. CIC and CRA look at residency differently. CIC is talking about physically present in Canada. CRA does not care whether the person is in Canada or not. If you have significant ties with Canada then you are subject to Canadian tax even if you live in another country.

It sounds like the poster obtained his PR through Express Entry, I can't see why his wife cannot do the same. It may even quicker than Family Sponsorship.

 

[cheng9999]

This is not true. CIC and CRA look at residency differently. CIC is talking about physically present in Canada. CRA does not care whether the person is in Canada or not. If you have significant ties with Canada then you are subject to Canadian tax even if you live in another country.

It sounds like the poster obtained his PR through Express Entry, I can't see why his wife cannot do the same. It may even quicker than Family Sponsorship.

I'll include comments regarding Ponga's reacent post also.

There's no disagreement that the sponsor has to be back in Canada. Being only a PR, but working abroad pretty much right after he landed, is certainly not going to make him a strong sponsor and CIC may question whether he has intentions to settle in the first place. That said, we would not know if the poster kept his residency ties, and therefore still paid his taxes with CRA (or whether that multinational company is a Canadian one, but sent him abroad for assignment), hence he would still have a printout C. If he has not, then he would have to explain what else he has in lieu of Printout C. Canadian's sponsoring the spouse while living abroad has to provide a very detailed and credible plan about moving back to Canada. This is my own logical assumption, but I would extrapolate that a PR sponsoring his wife, but one who has not really even lived in Canada after landing, would have to show very strong evidence that he is back for good.

Because both the sponsor and spouse work for multinationals, you never know what arrangements can be made in terms of work from home, travel for work, etc. What I am pointing out for the sponsor should not to look at this in a narrow manner, quit the job and come back, but explore his options of being able to live in Canada, yet still get employed and work remotely if possible, and travel to whatever other home country as business trips so he does spend significant amount of time with his wife. This is certainly better than his wife quitting and coming to Canada to wait with not job lined up. People do travel for business trips, and many spend more time abroad than they do at home. I have personally traveled for work for more than 40% of my time over the last 20 years on average, and some years see me gone for more than 50%. The sponsor taking up residency in Canada again does not mean he cannot travel abroad again, especially if that can be explained by work. That he happens to be employed by a non-Canadian company, there's nothing strange about that in today's global economy. If his current employer will not make that happen, perhaps he can find another company who values his expertise.

Sure, CIC and CRA sees things differently of course, but the tax filing is a strong sign to CIC that the sponsor is now seriously back in the country taking up residency.

If anything out of all these discussions, the most important thing for the sponsor is that if he is going to sponsor, he will need to live in Canada again. He needs to do that somehow, and he can figure out the rest. What I offered are just suggestions to make his economic life easier if he can pull it off. The other suggestion that the wife applies under another stream, that's certainly another possibility.

The sponsor would also need to look at his own PR residency requirements, even if he is not going to sponsor. 2 years out of 5 passes really quickly if he continues to live and work abroad.

 

[malikjatin]

Hello
THANKS A LOT FOR ALL YOUR ANSWERS.(esp Cheng9999).

My name is Jatin Malik, I am from New Delhi, India.
and i got my visa in earlier scheme (point system) and my visa office was also New Delhi.
Now this information Might be more helpful.

 

[malikjatin]

PLEASE GUIDE

 

[scylla]

Hello
THANKS A LOT FOR ALL YOUR ANSWERS.(esp Cheng9999).

and i got my visa in earlier scheme (point system) and my visa office was also New Delhi.
Now this information Might be more helpful.

This doesn't change anything.

Since you are a PR, you must be physically living in Canada in order to sponsor your wife for PR and must continue living in Canada while her application is being processed.

If you don't want to be separated, then she needs to obtain a tourist visa, study permit or work permit to accompany you to Canada.

 

[profiler]

Once a visitor visa is obtained and you've entered Canada, she could apply for inland sponsorship, and the accompanying OWP, unless she would be working remotely. The OWP woulf allow her to work for Canadian companies. The downsides are it takes longer than outland, and there is no appeal.

 

[malikjatin]

Thanks a ton mate..it really helped.