February 2014

At the culmination of my last post – imaginatively titled ‘Residency revisited‘ – I wound up my deliberation on the requirement for the Kickass Canada Girl and I to ‘prove’ that we do indeed intend to reside in Canada should permanent residency be granted with the observation that further research was needed – and said that I would ‘get back to you’ with the results thereof.

I’m back!

It is a testament to the power of the InterWebNet that simply ‘Googling’ – “Proof that you intend to live in Canada with your spouse” – turns up the answer almost immediately, in the form of a reference to a document entitled “IP 2 Processing Applications to Sponsor Members of the Family Class“. This tract – previously unknown to me and hidden well away on an obscure branch of the CIC website – contains the following section:

13.3.      Sponsorship by Canadian citizens living abroad

The following applies to Canadian citizens living abroad:

• Canadian citizens who reside abroad may sponsor only their spouse, common-law partner, conjugal partner or a dependent child who does not have dependent children of their own;

• they must submit their sponsorship application package and fees to the CPC-M in Canada and not to the visa office;

• Canadian citizens who are tourists in a foreign country, even for extended periods, are still residents of Canada;

• Canadian citizens who are long-term workers or students in another country are generally considered residents of that country;

• Canadians who have spent little or no time in Canada may also seek to sponsor. If they have never worked in Canada and do not have the educational or language skills to find employment in Canada, refusal under A39 may be appropriate if arrangements for the care and support of the sponsored person are not satisfactory;

• sponsors must provide evidence that they will reside in Canada after the sponsored persons and their family members become permanent residents.

Evidence that sponsors will reside in Canada may include one or more of the following:

• letter from an employer;

• letter of acceptance to a Canadian educational institution;

• proof of having rented/bought a dwelling in Canada;

• reasonable plans for re-establishing in Canada or severing ties to the other country.

Of this suggested evidence the first three bullet-points are pretty much covered by the surmisings in my last post and would – for us – be no simple matter with which to comply. That leaves the ‘reasonable plan‘ of the final point. I guess that we must make a case thereon which would incorporate the following mitigating factors:

• the Girl has a dependent in Victoria
• we have a number of bank accounts in Canada, which contain pretty much all of our savings
• the Girl has Canadian pensions
• by the time we submit our PR application our property in the UK should be on the market
• we can call on the testimony of Canadian family and friends

Failing all else I might simply refer CIC to this blog! That should do the trick…

In the course of my researches I discovered a most useful forum that goes by the appellation ‘Road to Canada’. Amongst other topics upon which the site offers valuable discourse was one concerning the process to be followed once permanent residency has been approved. I had – somewhat naively – assumed that it was simply a matter of being furnished with the relevant documentation and then being able to rock up at the Canadian border at some point during the succeeding years to be greeted with open arms.

Not so…

What actually happens is that once residency is approved a temporary visa is granted and one must then cross the Canadian border at some point before that visa expires. On so doing permanent residency commences and the immigrant is then subject to the requirement of being resident in Canada for two out of any five years. In practice this means that – whereas one needn’t actually move to Canada until up to three years after permanent residency has been taken up – one must visit before the temporary visa expires. This expiration date is apparently the anniversary of the required medical certificate, which – given the length of time that it takes to process PR applications nowadays – is normally somewhere between a fortnight and sixty days.

All of which means that the timing of the application is critical and must be considered most carefully.

More anon…

The Citizenship and Immigration Canada website has been re-designed… and jolly nice it looks too. Whether it will be any easier to navigate than the old version remains to be seen. It is early days yet and – mindful of the morass of information that doubtless still lies behind the impressive new facade – I wouldn’t want to count any chickens.

Time – however – to get started…

My original post on the subject of Family Sponsorship for Permanent Residency outlines the basic application procedure that we must needs follow and the first thing to do now is to identify how this might differ as a result of both of the applications (the Kickass Canada Girl’s as sponsor and mine as the sponsored) originating from outside Canada.

Revisiting the online guides to glean further information I see that this new condition has been added since I last studied the detail:

Effective October 25, 2012, sponsored spouses or partners must now live together in a legitimate relationship with their sponsor for two years from the day they receive permanent residence status in Canada.

If you are a spouse or partner being sponsored to come to Canada, this applies to you if:

• You are being sponsored by a permanent resident or Canadian citizen
• You have been in a relationship for two years or less with your sponsor
• You have no children in common
• Your application was received on or after October 25, 2012

Fortunately, since the Girl and I have been married for more than three years already this condition will not affect us. Moving on…

Hunting further through the the CIC website (no mean feat, for it is a complex beast!) I (re)discover:

“Guide 3900 – Sponsorship of a spouse, common-law partner, conjugal partner or dependent child living outside Canada“.

In the depths of this document I find that which I seek:

If I live outside Canada, may I sponsor?

If you are a Canadian citizen, you may sponsor a spouse, a common-law partner or conjugal partner, or a dependent child who has no children of his or her own. However, you must demonstrate that you will live in Canada when the sponsored person becomes a permanent resident.

Note: Permanent residents residing abroad may not sponsor from outside of Canada. Canadian citizens travelling (sic) as tourists are not considered to be residing abroad.

At this point a small alarm bell sounds… I take a look at the sponsor’s document checklist:

…and see that it includes this item:

“Proof that you intend to live in Canada with your spouse…?” How on earth is one supposed to prove that?

It is difficult – off the top of my head – to imagine what sort of documentary evidence we could possibly provide that would satisfy this requirement. If the Girl had a job offer from Canada – mayhap – I guess that would count, but what if we are both intending to retire? Perhaps if we had already purchased a property in BC – but again – would we be likely so to do if there were still doubt concerning our right to reside in Canada?

Hmmm!

Further research is clearly required. I will report back with my findings.