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Do you live in Canada now?

punya_nayak

Newbie
Jun 4, 2022
1
1
Hi Everyone,

I am facing difficulties while answering the question "Do you live in Canada Now?"

My Case: I arrived in India in April 2022 for my wedding ceremony and intend to be here for another month until July 2022. My current job is in Canada and I am on vacation in India. I am currently filling the application. Would I be able to answer the question as "YES, I live in Canada"? while living in India for a short vacation

I am filing my wife's spousal sponsorship application and I hold a PR and I would like to understand the consequence if I fill "No" to this question.

Thank you
Jairam
 
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scylla

VIP Member
Jun 8, 2010
82,309
15,474
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi Everyone,

I am facing difficulties while answering the question "Do you live in Canada Now?"

My Case: I arrived in India in April 2022 for my wedding ceremony and intend to be here for another month until July 2022. My current job is in Canada and I am on vacation in India. I am currently filling the application. Would I be able to answer the question as "YES, I live in Canada"? while living in India for a short vacation

I am filing my wife's spousal sponsorship application and I hold a PR and I would like to understand the consequence if I fill "No" to this question.

Thank you
Jairam
You can't submit the application until you are back in Canada. PRs cannot submit sponsorship applications while outside of Canada. So answer "yes" to that question because you will be back in Canada when you submit the application.
 
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PMM

VIP Member
Jun 30, 2005
25,442
1,919
Hi

Hi Everyone,

I am facing difficulties while answering the question "Do you live in Canada Now?"

My Case: I arrived in India in April 2022 for my wedding ceremony and intend to be here for another month until July 2022. My current job is in Canada and I am on vacation in India. I am currently filling the application. Would I be able to answer the question as "YES, I live in Canada"? while living in India for a short vacation

I am filing my wife's spousal sponsorship application and I hold a PR and I would like to understand the consequence if I fill "No" to this question.

Thank you
Jairam
1. You have to be physically in Canada to file a sponsorship as a PR. If you say no, the application will be refused.
 

MJSPARV

Hero Member
Sep 17, 2020
337
201
Hi Everyone,

I am facing difficulties while answering the question "Do you live in Canada Now?"

My Case: I arrived in India in April 2022 for my wedding ceremony and intend to be here for another month until July 2022. My current job is in Canada and I am on vacation in India. I am currently filling the application. Would I be able to answer the question as "YES, I live in Canada"? while living in India for a short vacation

I am filing my wife's spousal sponsorship application and I hold a PR and I would like to understand the consequence if I fill "No" to this question.

Thank you
Jairam
Do not submit until you're back in Canada. The month you think you'll save by submitting now instead of July will very likely result in a refusal that will add incredible amounts of time on.
 
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citizenshipcanada

Star Member
Sep 1, 2011
114
41
the only reason why you might be denied this sponsorship in this case will be : You’ve failed to respect your residency conditions ( staying more then six month as an example ),so in sequence you are a permanent resident of Canada, taking a vacation doesnt change your status ,traveling to another country doesnt change your status .
 
 

citizenshipcanada

Star Member
Sep 1, 2011
114
41
There is no such residency condition for PRs in Canada.
was referring to a general rule in Canada and not specific to a case , ( where in some provinces you might loose as an example your medical coverage if you stay more then 6 month ,or how its described below):
To keep your permanent resident status, you must have been in Canada for at least 730 days during the last five years. These 730 days don't need to be continuous. Some of your time abroad may count towards the 730 days. See what time abroad counts towards your permanent resident status.
 

armoured

VIP Member
Feb 1, 2015
10,692
5,411
was referring to a general rule in Canada and not specific to a case , ( where in some provinces you might loose as an example your medical coverage if you stay more then 6 month ,or how its described below):
For immigration purposes, it's not six months, it's the 2-years-in-five (730 days). I don't know what you mean by a 'general rule' - it's a specific rule and it is not what you originally stated.

What provinces have for a different purpose is not an immigration rule.
 
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citizenshipcanada

Star Member
Sep 1, 2011
114
41
For immigration purposes, it's not six months, it's the 2-years-in-five (730 days). I don't know what you mean by a 'general rule' - it's a specific rule and it is not what you originally stated.

What provinces have for a different purpose is not an immigration rule.
so if he is a PR holder applying to sponsor his wife can he apply and stay over the 6 month outside Canada and immigration Canada wont consider him as a non resident ,cause the question started by him asking if he was outside Canada as a PR holder can he apply from outside Canada and put on his application that he is residing in Canada ( so my question to you would be ,how can he prove that he is residing in Canada if he stayed over a certain period or at best the only way he can do it if he is physically in Canada )
 
 

YVR123

VIP Member
Jul 27, 2017
4,346
1,569
so if he is a PR holder applying to sponsor his wife can he apply and stay over the 6 month outside Canada and immigration Canada wont consider him as a non resident ,cause the question started by him asking if he was outside Canada as a PR holder can he apply from outside Canada and put on his application that he is residing in Canada ( so my question to you would be ,how can he prove that he is residing in Canada if he stayed over a certain period or at best the only way he can do it if he is physically in Canada )
He needs to LIVE in Canada which means physically in Canada.

A few weeks visit is OK. I think so far, all the replies point to OP to wait till he is physically in Canada before he submit his sponsorship application and stay in Canada during the process (except short trips that's up to a few weeks).

There is NO 6 months rule regarding to RO.
 

scylla

VIP Member
Jun 8, 2010
82,309
15,474
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
so if he is a PR holder applying to sponsor his wife can he apply and stay over the 6 month outside Canada and immigration Canada wont consider him as a non resident ,cause the question started by him asking if he was outside Canada as a PR holder can he apply from outside Canada and put on his application that he is residing in Canada ( so my question to you would be ,how can he prove that he is residing in Canada if he stayed over a certain period or at best the only way he can do it if he is physically in Canada )
A PR needs to be physically in Canada at the time the application is submitted and needs to continue living in Canada while the application is processed. This isn't related to the PR residency requirement but rather to the requirement that a PR must be living in Canada to sponsor a spouse.

Generally speaking, it's fine to take a trip of a few weeks outside of Canada. Once someone is outside of Canada for a few months, that can end in refusal. Similarly, if someone applies while they are outside of Canada and then returns to Canada, that's an issue too. We saw a few people here refused for that reason last year. One of them literally returned to Canada 2 weeks after submitting the application. But the fact the application was submitted while the sponsor was outside of Canada resulted in refusal after a long wait.
 
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armoured

VIP Member
Feb 1, 2015
10,692
5,411
so if he is a PR holder applying to sponsor his wife can he apply and stay over the 6 month outside Canada and immigration Canada wont consider him as a non resident ,cause the question started by him asking if he was outside Canada as a PR holder can he apply from outside Canada and put on his application that he is residing in Canada ( so my question to you would be ,how can he prove that he is residing in Canada if he stayed over a certain period or at best the only way he can do it if he is physically in Canada )
Okay, now I see where your question/statement was coming from.

To summarize:
-There's no six month rule at all for immigration.
-There is the residency obligation, 2-years-in-five.
-PRs sponsoring their spouses/children must reside in Canada - period. Short trips allowed (undefined, unfortunately). They must be in Canada when they apply.

-There are various different definitions that provinces, CRA and others may use to define residency for their purposes. They can be different rules entirely. Context matters.
 
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