Sponsorship of parents and moving out of Canada

[mukkucanada]

I have applied for sponsorship for my mother this year, Now I am planning to move to the US for a job.

If i move to the US temporary(1 year) on TN , will it impact my sponsorship application?


Please advise -

 

[Rob_TO]

A requirement of parents sponsorship is the sponsor must reside in Canada during the entire processing.

If you move to the USA for 1 year you have 2 problems:
1. CIC can simply cancel the app if they learn you are no longer residing in Canada
2. Income that you earn from foreign sources while not residing in Canada, can not be counted for LICO. So you would fail the income requirement for year you are in the USA if CIC ever checks it

 

[scylla]

I have applied for sponsorship for my mother this year, Now I am planning to move to the US for a job.

If i move to the US temporary(1 year) on TN , will it impact my sponsorship application?


Please advise -

Short answer?

Yes - you should expect it will impact the application. You should expect the application will be refused.

 

[mukkucanada]

A requirement of parents sponsorship is the sponsor must reside in Canada during the entire processing.

If you move to the USA for 1 year you have 2 problems:
1. CIC can simply cancel the app if they learn you are no longer residing in Canada
2. Income that you earn from foreign sources while not residing in Canada, can not be counted for LICO. So you would fail the income requirement for year you are in the USA if CIC ever checks it

Thanks Rob .


Regarding residency , Will it help If I work for 3-4 months while my family (Spouse & Daugherty) live in Canada ?


Regarding income
I was reading the http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf

5.31. Exceptions to Canadian income rule

The exceptions to the Canadian income rule are as follows:

* sponsors who commute from Canada to work in the U.S.A. can use their U.S. employment income provided it is declared as income on their Canadian income tax return;

* sponsors living in Canada who declare income from foreign sources on their Canadian tax returns, can use this foreign income to meet the financial requirements for sponsorship. Discretionary approval of financial requirements is not possible."

Please advise -

 

[mukkucanada]

Short answer?

Yes - you should expect it will impact the application. You should expect the application will be refused.

Thanks Scylla.

Will moving for 3-4 months also impact the application?

 

[scylla]

Being in the US for 3-4 months might be OK. But your income may be a problem. Your income from Canadian sources must meet or exceed LICO each year until your mother's PR visa is approved. Income earned in the US won't be counted. If you are in the US for 3-4 months, will you still make enough money from Canadian sources that year to meet LICO?

 

[mukkucanada]

Being in the US for 3-4 months might be OK. But your income may be a problem. Your income from Canadian sources must meet or exceed LICO each year until your mother's PR visa is approved. Income earned in the US won't be counted. If you are in the US for 3-4 months, will you still make enough money from Canadian sources that year to meet LICO?

income shouldn't be an issue , working here 6 months would do however I'm worried about residency and working out of Canada -

 

[Rob_TO]

Thanks Rob .


Regarding residency , Will it help If I work for 3-4 months while my family (Spouse & Daugherty) live in Canada ?


Regarding income
I was reading the http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf

5.31. Exceptions to Canadian income rule

The exceptions to the Canadian income rule are as follows:

* sponsors who commute from Canada to work in the U.S.A. can use their U.S. employment income provided it is declared as income on their Canadian income tax return;

* sponsors living in Canada who declare income from foreign sources on their Canadian tax returns, can use this foreign income to meet the financial requirements for sponsorship. Discretionary approval of financial requirements is not possible."

Please advise -

Yes those exceptions are pretty self-explanatory - you must be living in Canada while the income is earned. If you move to the US for 4 months to work, then those 4 months you are not living in Canada, so that income will not count.

Commuting to the US means you are living in Canada, but traveling to the US daily to work, then returning back to Canada each day (more common for people who live right beside the border).

Plus income aside, it's stated you must be living in Canada during the sponsorship process. If CIC thinks at any time you aren't living in Canada, they can simply cancel your app regardless of income. A 3-4 month trip to the US would probably not do anything, but that's up to CIC.