What classifies 'residing' in other countries?

[canthai]

Hi!  I am new to this site and have been reading many threads here.  This is a great site and many of you have answered a lot of questions I have.  Thank you!!  The process of uniting loved ones from abroad is a long and stressful ordeal but with some organization and good, knowledgeable people to help, we can all do it right. 

Here is a situation/question of my own...

I am sponsoring my fiance for her PRV once we are married and we plan to work/live here until she is granted the visa.  I have been living with my her so we can be together during this process.  What classifies me as residing exclusively outside of Canada?  Would a work permit, longer Thai visa, ownership/lease of accommodation, or a bank account help prove I live here exclusively?  I do not hold a job back home but I do have a house and other assets.  I see that the forms require residing, mailing and permanent addresses of the sponsor.  Can someone please explain the differences and importance for each of these?

Thank you for your time and I know I'll be back with more questions in the future!
canthai

[Leon]

Are you a citizen yourself or a PR?  If you are a citizen, you can sponsor your wife even though you live in another country.  If you are a PR, you have to be living in Canada.

This is from the immigration website as for requirements to sponsor, you can find the whole thing here:http://www.cic.gc.ca/english/information/applications/guides/3900E2.asp

# you are a Canadian citizen or permanent resident;

# you reside in Canada;

Canadian citizens not residing in Canada may sponsor their spouse, common-law partner, conjugal partner and/or dependent children who have no dependent children of their own. Canadians travelling abroad as tourists are not considered to be residing outside Canada.

Sponsors not residing in Canada must provide evidence that they reside exclusively outside Canada on the date of giving the undertaking and will reside in Canada at the time their sponsored spouse, common-law partner, conjugal partner and/or children become permanent residents of Canada. Evidence that they 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.

[canthai]

Hi Leon,
Thanks for your quick reply and to answer your question, I am a Canadian citizen.  I understand what I must provide to show CIC when I arrive back into Canada, as far as work and accommodation are concerned.  But I am confused on what status I have living abroad?

Here's some more information of my situation.  My fiance and I have signed a lease agreement for our apartment (from May 2008 until grant of her PRV) and have a joint bank account.  I do not have a job here (yet) and I am currently on one of my 2-month tourist visas. 

Does anyone know what factors determine a Canadian citizen to be exclusively residing outside of Canada and how do I prove this to CIC?  I'm still confused and I don't know, according to the forms, if I am technically residing in Canada or am I now residing abroad. 

If I am residing outside of Canada then how should I answer IMM1344A, part E (Eligibility Assessment), question #4?  It asks "Do you reside in Canada and no other country?".  If I answer NO then according to the note above, "If you answer NO to any questions 1 to 4, you are not eligible to be a sponsor, don't apply."???

I hope someone can shed some light on this for my brain :P...  I'm open to anyone's comments/knowledge!

[Leon]

Yes but this form has a footnote under the question you mention.  I see the form at http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EA.pdf and maybe you have another version but the one I am looking as says right underneath this question: If you answered NO but are a Canadian citizen...

Use your rental agreement to prove that you are currently not living in Canada and use your house as proof that you plan to return once your wife gets PR.  If they want further proof that you are currently not living in Canada, by the time they ask for that, you might have already arranged a work permit and a job.

[canthai]

ok, thanks Leon, I appreciate the advice!

canthai

[Phan]

Canthai,

Avoid the whole residing exclusively outside Canada issue if you can by simply residing in Canada. (I know you physically live in Thailand but that is not what is meant by residing exclusively). 

I had the same questions as you but really it is a non-issue and I got approved for sponsorship right away. I have lived in Vietnam for over two years and been here on a series of business visas (which I sent copies of for them) so they know how long I have been here and in a relationship with my spouse. That does not make me a resident of Vietnam. It is nearly impossible to get a residence card here (even if anyone wanted one). However, I have a permanent address in Canada (actually my parents house) where I receive mail and a bank account in Canada, so I do not live exclusively outside Canada. Neither do you.

There is no advantage to saying and proving that you live exclusively outside Canada. They will send the letter approving your sponsorship to your Canadian address and then all further communication is with the applicant (or via email if you email and ask them questions).

Many others have done the same as me. Just say that you are a resident of Canada and give a permanent address in Canada. Then give your current mailing address and current residence as the home you share in Thailand with your spouse. In the application you will clearly explain that you live together in Thailand waiting for the PR visa and intend to return to your home (permanent residence). It is a common situation and is good that you are living together because it helps show your genuine relationship. Answer yes to the reside only in Canada question too.

It is pretty easy to get sponsorship approval.

Good Luck!!

[canthai]

Thanks for your reply Phan!  I think that is what I will do, it makes sense.  I was still confused by my situation and the questions they ask on the forms so your comments help a lot! 

Also, I lived in Australia on a 1-year work visa.  Would that classify as 'resided outside of Canada' (IMM 5540 question 8)?

Thank you again for your help!

canthai

[Phan]

That question is about your past so it should be ok to say that you lived in Australia if you lived there and paid tax there, ect...

However, I am not sure you would have to if you were there for less than a year and were on a working holiday. I travelled in Ireland for 6 months but I had a one year work permit. I answered no that question because it was through a work abroad program and I was mostly there for travel and moved around a lot.

Good Luck!!

[jaundice_p]

I am in a similar situation as yours, as I am working and living in South Korea.  My husband is residing here with me while we wait for our application to be aprooved.   I wouldn't suggest you lie at any cost.  If you are paying rent, working, this isn't a "vacation", then you are residing out of  Canada.

In fact, our original application was submitted for in Canada, because i wouldn't be be returning to Canada  for at least a year, and wouldn't be paying Canadian taxes, we withdrew it. We withdrew and changed to an outside of Canada applicaton. I  Residing is living there.  If you aren't, then be truthful and apply with the out of Canada application.  I used my work contract, a phone and cable bill registered in my name from Korea.  Essentially, this is just to help them determine where you are.   They want to know however that you are going to return when your application is aprooved. They aren't going to use your location to deny your application.  A lie on your application however, may be a reason for a denial.

[Phan]

I would not advise you to lie.

The issue of "inland" or "out of Canada" is for the applicant only. If the applicant is not currently, legally, in Canada then you must do "out of Canada", regardless of where the sponsor lives.

However, the question originally asked was about proving you live exclusively outside Canada. There is no need to do this since you have a home in Canada ect.. you are still a Canadian resident (and technically should file tax at some point).

This question is not about them "determining where you are". They ask you "where you are" when they ask you to provide your addresses. The application will include all the details of where you live in Canada and where you live in Thailand (and with whom), where you work, ect.. because they ask all of that in other sections. This question is used to quickly determine your eligibility to sponsor (thats why it is in that section).

People who reside exclusively outside Canada and can prove this have different or no tax obligations to Canada (this is actually not easy to achieve). This is important for various reasons to CIC. There are limitations on who they can sponsor ect...

Not paying tax because you are paying in another country that has an agreement with Canada about dual taxation, or because you just didn't file... (yet), is not the same as having non-resident tax status in Canada.