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Author Topic: Canada PR works in US - applied to sponsor parents  (Read 986 times)
parpari
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« on: October 05, 2009, 05:31:39 pm »

Hello everyone:
I wonder if anyone knows how this works out:
I am a Canada PR and next summer, after I apply for citizenship, I plan to go to work/study in a lab in US for a couple of years. I filed to sponsor my parents to immigrate to Canada about 10 months ago and according to the latest timeline, their file will be processed in about 2 years from now. It is possible that my application for citizenship is still in process at the time my parents application is processed. How would this affect my sponsorship application? If I am not a citizen by then, should I be living and working in Canada in order for my sponsorship application to work? Is my being a PR is enough or not?
I appreciate it very much if you share your experience and knowledge about this with me.
Thanks,
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PMM
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Posts: 13216
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« Reply #1 on: October 05, 2009, 05:33:27 pm »

Hi

Hello everyone:
I wonder if anyone knows how this works out:
I am a Canada PR and next summer, after I apply for citizenship, I plan to go to work/study in a lab in US for a couple of years. I filed to sponsor my parents to immigrate to Canada about 10 months ago and according to the latest timeline, their file will be processed in about 2 years from now. It is possible that my application for citizenship is still in process at the time my parents application is processed. How would this affect my sponsorship application? If I am not a citizen by then, should I be living and working in Canada in order for my sponsorship application to work? Is my being a PR is enough or not?
I appreciate it very much if you share your experience and knowledge about this with me.
Thanks,

If you aren't residing in Canada, your parents application will be refused.

PMM
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PMM
TRUONGAN
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Posts: 530
Ratings: +7
Category........: AINP
Visa Office......: Buffalo
NOC Code......: 2241
Job Offer........: Yes
App. Filed.......: Apr 21 2011
AOR Received.: Sep 2 2011
IELTS Request: Waived
File Transfer...: No
Med's Request: Sep 9 2011
Med's Done....: Sep 10 2011
Interview........: Waived
Passport Req..: Nov 25 2011
VISA ISSUED...: Dec 2 2011
LANDED..........: Dec 9 2011

« Reply #2 on: December 01, 2010, 11:11:09 am »

Hi

If you aren't residing in Canada, your parents application will be refused.

PMM

you mean one must stay in Canada during the entire application procedure, which would take at least 5 years since the day of lodging?

I think there must be certain point of time when sponsor must reside in Canada like 12 months before sponsorship application and before visas are issued, the time in between is not a requirement

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PMM
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« Reply #3 on: December 01, 2010, 01:50:15 pm »

Hi

you mean one must stay in Canada during the entire application procedure, which would take at least 5 years since the day of lodging?

I think there must be certain point of time when sponsor must reside in Canada like 12 months before sponsorship application and before visas are issued, the time in between is not a requirement



Yes, what you think and what the Act/Regulations states are 2 different things.  From the Regulations.

Sponsor
130. (1) Subject to subsection (2), 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 or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

Sponsor not residing in Canada
(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.
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PMM
S.Z
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« Reply #4 on: December 01, 2010, 05:29:28 pm »

 i am confused too. Does sponsor have to stay and work in Canada till parents get PR? For at least 5yrs? Shocked
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PMM
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« Reply #5 on: December 01, 2010, 05:41:19 pm »

Hi

i am confused too. Does sponsor have to stay and work in Canada till parents get PR? For at least 5yrs? Shocked

Yes
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PMM
angelbrat
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« Reply #6 on: December 01, 2010, 08:57:49 pm »

Yes....and you will need proof too. A friend of mine, sponsored their parents. During the application time frame, he was laid off his job, eventually found a new one but during that period of unemployment, did not reach the minimum financial sponsorship obligation. Even though it was about 6 months out of the 5 years waiting time.

CIC refused the PR application for the parents.

Yes, there is an appeal starting but the moral of this story is.....CIC can and will, if you are unlucky enough, make sure you have adhered to every single obligation required, right down to the last second or cent.

Read the guidelines but as Mr PMM always states, the choice is yours what you do.
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TRUONGAN
Hero Member
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Posts: 530
Ratings: +7
Category........: AINP
Visa Office......: Buffalo
NOC Code......: 2241
Job Offer........: Yes
App. Filed.......: Apr 21 2011
AOR Received.: Sep 2 2011
IELTS Request: Waived
File Transfer...: No
Med's Request: Sep 9 2011
Med's Done....: Sep 10 2011
Interview........: Waived
Passport Req..: Nov 25 2011
VISA ISSUED...: Dec 2 2011
LANDED..........: Dec 9 2011

« Reply #7 on: December 07, 2010, 05:14:22 pm »

Hi there,

You are talking about required income level. I am more concerned about physical presence requirement in Canada while sponsorship is in process?

If I go to U.S and work as NAFTA worker and maintain the income as in Canada, would that be a problem?
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MandiF
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Posts: 496
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Category........: FAM
Visa Office......: London, UK
App. Filed.......: 22-10-2010
File Transfer...: 19-11-2010
Med's Done....: 02-09-2010
Passport Req..: 05-01-2011
VISA ISSUED...: 10-02-2011
LANDED..........: 25-02-2011

« Reply #8 on: December 07, 2010, 05:28:09 pm »

Hi there,

You are talking about required income level. I am more concerned about physical presence requirement in Canada while sponsorship is in process?

If I go to U.S and work as NAFTA worker and maintain the income as in Canada, would that be a problem?

Yes, as mentioned above by every other poster, it will be a problem. You MUST be a resident of Canada through the whole time period of the application or it will be refused.
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