In contrast, rather, when there are blatant differences, or otherwise a pattern inconsistent with the couple moving together, or as those few cases suggest, there is clearly an absence of a
temporal nexus in their respective travel or moves abroad,
CLICK the lights flash: this is not a couple moving abroad together, this is a couple in which one is clearly following or going to the other already abroad, and if it is the citizen-spouse going abroad to the PR, that is NOT the PR accompanying the citizen-spouse.
Which, in conjunction with observations derived from what can be learned in the recent decisions, leads to what, I think, are some fairly safe conclusions in response to the first of the three questions posed above:
"
. . . what facts and circumstances are important and will influence (1) whether the who-accompanied-whom question will be closely considered?"
Thus, the facts and circumstances tending to cause a significant risk include:
-- BIG differences in the timing of the move abroad for the PR and citizen-spouse respectively
-- PR has minimal or no history of having settled in Canada or being established in Canada
-- PR history of being abroad well before the citizen-spouse goes abroad, especially where the PR has not personally been settled in Canada
-- facts or circumstances or pattern of travel revealing significant periods of separation, and especially a pattern indicating one is visiting the other more than the couple is actually living together
-- especially long duration of living abroad where there is little indication of any intention to live in Canada let alone actual history of living together IN Canada
While they are somewhat different, but will often overlap with one or more of the above, my sense is there is also an elevated risk that
who-accompanied-whom will be closely considered when:
-- an officer perceives the possibility a citizen-sponsor abroad at the time of the sponsorship application fudged (misrepresented) a plan to relocate to Canada . . . which obviously looms as a possible if not probable question if in fact the couple do not actually relocate and settle in Canada (for at least a relatively substantial amount of time) after the sponsored spouse obtains PR status
-- one of the PRs in a couple who immigrated to Canada together stays in Canada long enough to obtain citizenship, while the other mostly remains abroad, and the one who becomes a citizen then goes to live abroad with the other spouse
