Sponsor Out of Country for more than 2 weeks

[Maruchan]

Hello All,
I am sponsoring my wife who lives in US. I live in Canada but work in US (Daily Commuter). Recently, due to work pressure, I had to consistently(2-3 times) visit our manufacturing plant in central USA for a period of 2 weeks in last 2 months. I made sure my out of Canada stay never exceeded 14 days. Based on what I have read, this may create a problem in my application, but I had no other choice since it was absolute necessary for work purpose. I was wondering if I should be proactive and write a webform explaining this absence from Canada or should I wait till I get a request from VO asking me about this absence?

Thanks,

 

[armoured]

Hello All,
I am sponsoring my wife who lives in US. I live in Canada but work in US (Daily Commuter). Recently, due to work pressure, I had to consistently(2-3 times) visit our manufacturing plant in central USA for a period of 2 weeks in last 2 months. I made sure my out of Canada stay never exceeded 14 days. Based on what I have read, this may create a problem in my application, but I had no other choice since it was absolute necessary for work purpose. I was wondering if I should be proactive and write a webform explaining this absence from Canada or should I wait till I get a request from VO asking me about this absence?

Thanks,

I doubt it would be an issue and do not think you should write a webform. If you're a citizen, not an issue at all. If you're a PR, the guidance is that PRs should reside in Canada except for short personal or business trips.

You're clearly still residing in Canada with your domicile there. Your trips are all short, even accounting for the daily trips to work.

Doubt uou will get any request and if you do, just answer truthfully.

 

[Maruchan]

I doubt it would be an issue and do not think you should write a webform. If you're a citizen, not an issue at all. If you're a PR, the guidance is that PRs should reside in Canada except for short personal or business trips.

You're clearly still residing in Canada with your domicile there. Your trips are all short, even accounting for the daily trips to work.

Doubt uou will get any request and if you do, just answer truthfully.

Thank You for your quick reply. I (sponsor) am a PR so that makes it more complicated. But I have kept all documents- Lease, Taxes, so hopefully it works if I am asked to prove my stay in Canada.

 

[armoured]

Thank You for your quick reply. I (sponsor) am a PR so that makes it more complicated. But I have kept all documents- Lease, Taxes, so hopefully it works if I am asked to prove my stay in Canada.

Main thing I would read as maintaining your principle résidence in Canada, taxes, and your 'normal' commute daily. Good luck.

 

[Maruchan]

Thanks again. Just to confirm, can you elaborate on "maintain principle residence". From my side, I am, I a commuting every alternate day since both days count. Paid taxes. Have ON licence and OHIP card(though I think it may have expired since I was out more than 30 days during first 183 days). Is there anything else from your pov I should be doing to maintain the residency.

 

[armoured]

Thanks again. Just to confirm, can you elaborate on "maintain principle residence". From my side, I am, I a commuting every alternate day since both days count. Paid taxes. Have ON licence and OHIP card(though I think it may have expired since I was out more than 30 days during first 183 days). Is there anything else from your pov I should be doing to maintain the residency.

By principle residence I mean your domicile. If you're maintaining eg a flat in usa as well may look different than if only clearly resident in Canada.

 

[Maruchan]

Thanks. One last question since you mentioned apartment in USA. My wife has an apartment in USA and I am also on the lease. We showed that lease as a proof that we cohabited together. I never removed my name. Is it advisable to get my name removed from that lease?

 

[armoured]

Thanks. One last question since you mentioned apartment in USA. My wife has an apartment in USA and I am also on the lease. We showed that lease as a proof that we cohabited together. I never removed my name. Is it advisable to get my name removed from that lease?

Do you réside with her there when commuting?

 

[Maruchan]

Do you réside with her there when commuting?

Yes I spend the night and sometimes weekends in her apartment since my work place is near her apartment. But for the long work trip I stay in hotel since the manufacturing plant is in Central USA.

 

[armoured]

Yes I spend the night and sometimes weekends in her apartment since my work place is near her apartment. But for the long work trip I stay in hotel since the manufacturing plant is in Central USA.

Well you can see where this is going, the basic question is whether you are principally residing.

You're letting out bits more of info that, well, not exactly commuting every day. Well every other day plus weekends there where you didn't really it seems ever stop residing per se. You can see how they might well see things differently.

Will ircc make an issue of it? Don't know. Probably not. But maybe.

Want to avoid even the possibility of an issue? Reside unambiguously first and foremost in Canada. Have your spouse spend more time in Canada.

 

[Maruchan]

Well you can see where this is going, the basic question is whether you are principally residing.

You're letting out bits more of info that, well, not exactly commuting every day. Well every other day plus weekends there where you didn't really it seems ever stop residing per se. You can see how they might well see things differently.

Will ircc make an issue of it? Don't know. Probably not. But maybe.

Want to avoid even the possibility of an issue? Reside unambiguously first and foremost in Canada. Have your spouse spend more time in Canada.

Got it. Thanks for the info. Your posts have been very helpful to all of us who are in spousal sponsorship boat.

 

[pc8922]

Got it. Thanks for the info. Your posts have been very helpful to all of us who are in spousal sponsorship boat.

People have been out of the country for > 2 months with no issue - so doubt 2 weeks - that too for work - will be an issue.

 

[k.h.p.]

People have been out of the country for > 2 months with no issue - so doubt 2 weeks - that too for work - will be an issue.

Read the whole thread. This person has a lease in the US, lives with their spouse whom they are sponsoring, commutes "every alternate day" and spends some weekends in the US.

If IRCC were look into this situation, the case may not be clear cut.

 

[canuck78]

Yes I spend the night and sometimes weekends in her apartment since my work place is near her apartment. But for the long work trip I stay in hotel since the manufacturing plant is in Central USA.

How much time are you actually spending in Canada? You have mentioned staying overnight in the US every second day, spending some weekends and the 2 week trips to the factory. That is a lot of time outside of Canada.

 

[canuck78]

People have been out of the country for > 2 months with no issue - so doubt 2 weeks - that too for work - will be an issue.

IRCC likely didn’t realize they were out of Canada if they were out of Canada for 2 months and it wasn’t an issue. Others have had refusals for the same amount of time.