Sponoring husband for PR while living in Australia

[kdabrowski]

I am a Canadian citizen and want to sponsor my husband of 3 years (he is a New Zealander) but he and I are currently living in Australia. We want to move back to Canada but we are not sure how to approach this process.

I have a contract my company in Australia until November 2010, but we would like to go back to Canada around June 2010, as my husband will have finished his MBA by then and will want to start working (and we think its no point for him to get a job for a few months in Australia).

My main question is regarding the sponsorship - since I'm in Australia and the majority of my income is earned in Australia, am I still eligible to sponsor my husband? I heard that the process is faster if you apply from outside of Canada, but will it make a difference if I am also outside of Canada (since there isn't the issue of us being separated)?

Also, if I have a problem with sponsoring my husband because I do not have an income from Canada will I have to go back to Canada get a job and then prove eligibility? If that is the case, can my husband get a working visa while we wait for his permanent residency? I am not sure if this makes a difference, but we have a 1.5 year old son, so we really don't want to be apart at all if we can help it (i.e. I don't want to have to go back to Canada without my husband and wait for his PR to be accepted).

Any advise would be appreciated.

[RobsLuv]

Yes, you're still eligible to sponsor him.  As a Canadian citizen you can apply to sponsor him while you're still living in Australia, however you will have to include proof of your intent to re-settle in Canada - a job offer, lease (mortgage) agreement, etc.  There is no minimum income requirement for spousal sponsorships, so the fact that you've been working in Australia won't matter. 

The best (and really only) option for applying is via the outland process - that simply means that the application will be processed at the visa office that represents his country of birth rather than being processed entirely within Canada.  That would only be an option if you were all in Canada now - and it's really not in your best interest anyway for various reasons.  First of all, inland has no right of appeal, and secondly, it takes 12-18 months to finalize. 

Your husband's application will be processed through Sydney - they are currently finalizing spousal aps in 3-8 months, plus it'll be about a month for the sponsorship approval through the Case Processing Centre in Mississauga when you first submit the application.  So, now is about the time to start getting prepared for a move next summer - it should give you time to get things finalized before you need to worry about coming to Canada.  Then, once his application is approved, you come together to Canada and you don't have to worry about separation.

[kdabrowski]

Thanks for the quick response. Whats the best proof of "intent to return?". I work for a multi-national firm and was going to request a transfer back to the Toronto office but they said that I should only apply back about 6 months before I plan to return - however given that it might take up to 8 months for the PR, I'm not sure this is the best option. We own a condo in Toronto and currently have a tenant residing there - would some sort of letter to her about vacating the premesis be sufficient? Also I was thinking of maybe applying to some graduate school programs - would a letter of acceptance work? Any other ideas of good evidence of "intent" to return?

Also, once my husband's application is approved, how much time do we have until we have to go back to Canada?

Cheers

[Boncuk]

The evidence you will supply is more than enough. The main point is to show reasonable plans of your intent to settle back in Canada.  The fact that you own residence alone will help.  Letters from family showing their support and expecting your return will help as well.  Anything that ties you to Canada. Bank accounts, utility statements etc.  Then later if they so request you can get the letter from your employment.  You have much more than me and so far they haven't requested anything more from me.  Hope that helps