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Author Topic: parental sponsorship while working in USA  (Read 217 times)
chang007
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« on: July 27, 2011, 05:26:30 pm »

Hi,
I am a canadian PR working in the USA on a temporary work visa. My wife lives in vancouver. I commute every weekend to canada and maintain residence, license, bank accounts, file taxes etc. in Canada. I plan to return back to canada in a couple of years.
I want to apply for parental sponsorship while I am in the US. One of the boxes on the application requires me to certify that I reside in Canada and no other country.
My question is -- can I apply to sponsor my parents while I am working in the US, but coming back frequently?
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RobsLuv
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Posts: 1824
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Category........: FAM
Visa Office......: Buffalo
App. Filed.......: Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.: Original:9May'07; Reprocess:7May'10
AOR Received.: Original:28Apr'07; Reprocess:26Apr'10
File Transfer...: n/a
Med's Request: Reprocessing:7May2010
Med's Done....: Jun2010
Interview........: n/a
Passport Req..: 30Nov2010!!
VISA ISSUED...: 31Dec2010!!
LANDED..........: 31Jan2011

« Reply #1 on: July 27, 2011, 09:23:37 pm »

You should probably consult with a lawyer.  It sounds like your permanent address is Canada - but you will have to prove sufficient income to sponsor parents, and since your income is generated by a US company, you may have a difficult time proving you actually reside in Canada.  Get advice from a qualified Canadian immigration lawyer as to how to approach this.
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Married 9'06, ap sent 3'07 & refused in 1'08 due to inadmissible son.  Won appeal 1'10.  Back in process 4'10, new meds req 5'10 - submitted in June.  New FBI submitted 8'10  Approved 30Nov2010! COPR recd 05Jan2011. LANDED 31Jan2011 YAY!
chang007
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« Reply #2 on: July 28, 2011, 09:03:23 am »

Thanks RobsLuv -- thats helpful. Does it make a difference that I plan to be permanently back and employed in Canada after 2 years. since it takes 3 years for them process the application, by the time they open my file I would be working in Canada.
Also, what are the repurcussions of the sponsorship application being rejected, as a wait of two years is preferable to having no option at all!
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PMM
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« Reply #3 on: July 28, 2011, 03:29:13 pm »

Hi

Thanks RobsLuv -- thats helpful. Does it make a difference that I plan to be permanently back and employed in Canada after 2 years. since it takes 3 years for them process the application, by the time they open my file I would be working in Canada.
Also, what are the repurcussions of the sponsorship application being rejected, as a wait of two years is preferable to having no option at all!

You have to be residing in Canada on the day you submit the application and remain in Canada during the processing.  See:

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.
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PMM
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