Generic Application Question 10

[Bright_skies]

I'm just filling out the Generic Application and have a question about question 10. I am American living in Canada with my common-law partner. I am just a visitor, and cross the border every 6 months. I was visiting family in Canada when I met my partner, so I had entered Canada before I met him. This question asks "Current country of residence" which is Canada. Then "From- To". I'm just wondering, because I was in Canada just visiting, then started 'living' here with him before I recrossed into America again. Does this "From" date have to coincide with a border crossing?

Hopefully that is not too confusing! It might be the kind of thing there is no 'right' answer to, open to interpretation by the IO, but I thought I would pose it to all of you and see if you had any input.

Thank you very much!

 

[zardoz]

Putting Canada as your country of residence might be an issue if you are a "visitor".
You are not supposed to be "living" there without the appropriate status.

 

[honjooshi]

I am a somewhat similar situation. I called CIC twice about this because I don't always trust what the agents tell me. Both times, however, they informed me that as I am not a Canadian and on a visitor visa my country of residence is the USA. So I would put that as your country of residence, then tell them to send things to your "mailing address" in Canada.
Amusingly, when filing for my visa extension I was told to use my Canadian address as my residence address. Gotta love government!

 

[Bright_skies]

Hey thanks for the replies!

honjooshi, If you don't mind me asking, did you apply inland or outland? Also, as spouse or common law? I spoke with a lawyer and decided to apply inland, yes it's slower for Americans but there are definite benefits too. The inland application specifically states to be used only in instances where the applicant is RESIDING in Canada, so I can't imagine I should name another country. I am putting 'visitor' as my status, same line. Also since I am applying common law the crux of my application is how I have lived with my partner for more than 365 days.

 

[chala]

Hey thanks for the replies!

honjooshi, If you don't mind me asking, did you apply inland or outland? Also, as spouse or common law? I spoke with a lawyer and decided to apply inland, yes it's slower for Americans but there are definite benefits too. The inland application specifically states to be used only in instances where the applicant is RESIDING in Canada, so I can't imagine I should name another country. I am putting 'visitor' as my status, same line. Also since I am applying common law the crux of my application is how I have lived with my partner for more than 365 days.

You have the exact conditions as us except I applied for a visitor visa extention and was granted 12 extra months. I put Canada as my residence because it is where I am actually residing. We are common law Outland and received SA so it should be fine to choose Canada as your residence. Good luck with your application

 

[honjooshi]

Hey Bright_skies and chala,

I applied Outland, and we had just married two months earlier. We lived near each other for years, but could never live together, so couldn't do "common-law."
Chala, that's good to know you just put "Canada," I'm just saying when I called CIC to ask that's what they instructed me to do. I think you could call three different agents and get three different agents on most of this stuff.

 

[chala]

Hey Bright_skies and chala,

I applied Outland, and we had just married two months earlier. We lived near each other for years, but could never live together, so couldn't do "common-law."
Chala, that's good to know you just put "Canada," I'm just saying when I called CIC to ask that's what they instructed me to do. I think you could call three different agents and get three different agents on most of this stuff.

Yes you are right for I know from experience that agents give different answers for the same question

 

[sam033]

Putting Canada as your country of residence might be an issue if you are a "visitor".
You are not supposed to be "living" there without the appropriate status.

hallo,i,m new in this forum .Does anybody know ,for family class visa catagory ,can family declaration of canadian national be resubmitted second time if someone (canadian national) already have submitted to authority , but want to include anyone person again for second time for family class visa catagory in list?

 

[chala]

Putting Canada as your country of residence might be an issue if you are a "visitor".
You are not supposed to be "living" there without the appropriate status.

It's my understanding that Visitor IS considered legal status and more so with an extended visitor visa, otherwise they would not give Sponsor Aproval on that basis. When I applied for the visa extention I gave PR application as a reason and it was approved without question.

 

[zardoz]

It's my understanding that Visitor IS considered legal status and more so with an extended visitor visa, otherwise they would not give Sponsor Aproval on that basis. When I applied for the visa extention I gave PR application as a reason and it was approved without question.

I said "appropriate", not "legal". (The devil is in the detail.)

 

[Bright_skies]

Yes, and even without valid status (even visitor) one is able to apply inland provided ALL other requirements are met, as per their website.

I think I'll put the date I entered previous to meeting my sponsor and write to explain my thinking process. Any thoughts on writing notes/explanations like that to accompany your application?

Thanks for the advice all.