On Saturday Feb 9th (yes, on a saturday!) we received a communication requesting additional documents (which we expected) and these two paragraphs were among the list od requested info:
<b>Ø Paragraph 130(1)(b) states that, subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class must be a Canadian citizen or permanent resident who resides in Canada.
Based on the information you have provided, I am not satisfied that your sponsor resides in Canada from the day on which the application was filed up to now. Accordingly you may not meet the requirements of paragraph 130(1)(b) and section 120 of the Regulations.
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So first thing did you check on the application that the sponsor lives in Canada, which may have prompted the first statement. Secondly, it then appears you need to make it clear with documentation exactly where the sponsor lives and his intentions. I know how unnerving these letters can be as we received an email asking to prove my sponsor is living in Canada. We provided all that and the problem was solved. These seems to be a rash of these proving where the sponsor lives and their intentions long after sponsor approval. I suspect clarifying with documentation will help
The sponsor lives in the US with the applicant and before submitting our application we made sure that a Canadian citizen living abroad is allowed to sponsor (and in fact, Sponsorship was approved). My concern is that the agent completely disregarded the following paragraph that is right below the one he/she quoted, and that is also part of the regulation, as follows:
Paragraph 130(2), a sponsor who is a Canadian citizen and does not reside in Canada may sponsor an application referred to in subsection (1) by their spouse, common-law partner, conjugal partner or dependent child who has no dependent children if the sponsor will reside in Canada when the applicant becomes a permanent resident.
Are we missing something here? Has any other applicant whose sponsor is living outside Canada experienced this same situation? Please note that this is NOT a request from CIC to prove that the sponsor will move to Canada but rather a statement saying that it is assumed that sponsors outside Canada cannot sponsor (even when born citizens and never having sponsored before).