FSW: Claiming points for a relative who is a PR but outside the country temporarily

[anfieldude]

Hey all,

My sister's permanent residency app is currently processing under the FSW program. I'm a permanent resident who left Vancouver in November on a 6 month sabbatical to travel Europe - didn't get to see a lot of the world during COVID and felt it was the right time to do so!

I intend on coming back to Canada in the middle of April or May (getting a new apartment + job). Last week, we were asked by IRCC to show proof that I reside in Canada as my sister's sibling, such as pay stubs or utility bills. Given I'm outside the country at the moment, we're confused about how to respond to IRCC that I'll be coming back to reside in Canada after this sabbatical.

Would a letter detailing my plans to return + proof of a plane ticket suffice? I've also been getting paid remotely for my job by a Canadian employer and have those pay stubs.

 

[Ultraxion]

You are not living in Canada so your sister cannot claim the points. Simple as that.

 

[anfieldude]

You are not living in Canada so your sister cannot claim the points. Simple as that.

In theory, could I not just go back to Vancouver now before responding to IRCC and claiming I'm back in the country? I would obviously cut any travel plans short and just stay + get back to life in Vancouver.

Just a bit surprised if there's that much rigidity here, plenty of PRs and citizens leave on travel sabbaticals and for the winter.

 

[Ultraxion]

I think if you are out for a couple of weeks it's ok. You are still paying for your utilities and whatnot. But 6 months, that doesn't seem to be an ordinary holiday.. As a PR applicant, I need to provide police certificate if I spend 6 months or more in a foreign country. The take home message from this is that IRCC consider a stay with such duration as residing in the said country.
Does your sister really need the extra 15 points? And were you in Canada at the time your sister was invited/submitted her application? These two time stamps are critical. Applicants are given 60 days to submit their application after receiving an invitation. And if any, their siblings should be back to Canada from a holiday situation within the 60 days (I definitely cannot afford a holiday abroad for 60 days)..
Another suggestion, maybe irrelevant, is that you need to come back asap. The court, in many residency obligation cases, values if the appellant comes back at the first available chance. Sure you are not fighting an RO case, but I think the jurisprudence is similar.

 

[anfieldude]

I think if you are out for a couple of weeks it's ok. You are still paying for your utilities and whatnot. But 6 months, that doesn't seem to be an ordinary holiday.. As a PR applicant, I need to provide police certificate if I spend 6 months or more in a foreign country. The take home message from this is that IRCC consider a stay with such duration as residing in the said country.
Does your sister really need the extra 15 points? And were you in Canada at the time your sister was invited/submitted her application? These two time stamps are critical. Applicants are given 60 days to submit their application after receiving an invitation. And if any, their siblings should be back to Canada from a holiday situation within the 60 days (I definitely cannot afford a holiday abroad for 60 days)..
Another suggestion, maybe irrelevant, is that you need to come back asap. The court, in many residency obligation cases, values if the appellant comes back at the first available chance. Sure you are not fighting an RO case, but I think the jurisprudence is similar.

Fair point re: the police certificate - I'm traveling multiple countries and have only been gone about 3 months! Was in Canada when my sister received her ITA

Will likely just head back to Vancouver ASAP, get an address and confirm with IRCC that I am residing there again. Genuinely wasn't aware this would be an issue and can't imagine they'd penalize a permanent resident's sibling for this. Really appreciate the help.

 

[moscatojuices]

I'm a little astounded that you'd cut a once-in-a-lifetime holiday all on the basis of your sister's PR application and without any concrete knowledge of how IRCC would view this. I also beg to differ with @Ultraxion about it not being deemed an "ordinary holiday" - it's not ordinary in North America because most of you need to work like slaves. In Australia I would do 6-8 weeks of paid vacation per year MINIMUM.

The thing here is you have a concrete story, well-established connections to Canada via your employment, and I take it that you don't have any mechanism to work in Europe (i.e. work visa), so where else are you going to come back to?

I wouldn't be stopping your holiday on a hunch - you should try the explanation first and if it fails then your sister would simply reapply when you're back. If your sister is eligible for FSW in the current state of competitiveness in the EE pool with your support, she can apply later, who cares. You need to enjoy your holiday first because you won't get this chance ever again by the sounds of it.

 

[Ultraxion]

I'm a little astounded that you'd cut a once-in-a-lifetime holiday all on the basis of your sister's PR application and without any concrete knowledge of how IRCC would view this. I also beg to differ with @Ultraxion about it not being deemed an "ordinary holiday" - it's not ordinary in North America because most of you need to work like slaves. In Australia I would do 6-8 weeks of paid vacation per year MINIMUM.

The thing here is you have a concrete story, well-established connections to Canada via your employment, and I take it that you don't have any mechanism to work in Europe (i.e. work visa), so where else are you going to come back to?

I wouldn't be stopping your holiday on a hunch - you should try the explanation first and if it fails then your sister would simply reapply when you're back. If your sister is eligible for FSW in the current state of competitiveness in the EE pool with your support, she can apply later, who cares. You need to enjoy your holiday first because you won't get this chance ever again by the sounds of it.

I agree with most of your points of having a decent holiday, enjoying lift etc. But being able to support one's sibling in their PR application, I take it as a privilege that should not be given lightly. The ministrial instruction clearly says to claim the 15 points, the sibling should be

• (a) 18 years or older;
• (b) a Canadian citizen or permanent resident; and
• (c) living in Canada.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/express-entry-application-management-system/current.html

I also believe there are many ppl who got their PR approved without meeting the eligibilty criteria. It is a risk at one's discretion.

 

[moscatojuices]

At first I think my portal 1 letter was fake lol.... I mean they just give you a basic document letter without the Canada logo on it, which made me question its authenticity. But then the email address looked authentic.