Immigration's definition of "Residing"

[tsdanza]

Hi Everyone,

Merry Christmas!

I am sponsoring my wife's application for permanent residence. One question I'm confused by is in IMM5540E - Question #8, Have you resided in countries other than Canada?

The guide (3900E) seems to indicate that even though I frequently traveled to my wife's country (and lived with her while I was there) because I was traveling as a tourist I am not considered to have resided in her country. It seems straight forward enough, except for the sponsored spouse questionnaire IMM5490E (Question #27) "Have you and your spouse ever lived together?"

I'm concerned that my two answers to these questions are going to cause confusion or throw up red flags. Does anyone have experience about how to handle this?

 

[RobsLuv]

"Residing" means that you have been given temporary status to live and work in a country for a period of at least one year. Periodic visits to your wife in her country does not constitute "living together", or residing in her country.

It's very important to remember that having lived together is not a requirement for spousal applicants, so don't feel the need to answer in the affirmative to IMM5490E, Q#27.

 

[Jurjen]

Residing is a terrible word. If you come to Canada as a standard tourist, you'll have a TRP without permission to work. So actually CIC calls it residing themselves.

But if I remember correctly, the guide and the application say that you only need to give countries where you lived/resided 6 months or more. Personally I would not call a short trip residing, I suspect that the CIC IOs will also see it like this.

If you have a doubt, write in an attachment a little explination with your interpretation of the question and write down what you actually did. If you present the facts like this, the IO will get to know what he wants to know.

 

[tsdanza]

Thanks for the reply. All my visas were certainly tourist visas, and generally good for no more than 3 months at a time.

I would be concerned about not answering that question though, as they'd be seeing the amount of time I spent there would they not be curious as to where I stayed, etc? In the event of an interview could the issue come up as well?

 

[tsdanza]

Residing is a terrible word. If you come to Canada as a standard tourist, you'll have a TRP without permission to work. So actually CIC calls it residing themselves.

But if I remember correctly, the guide and the application say that you only need to give countries where you lived/resided 6 months or more. Personally I would not call a short trip residing, I suspect that the CIC IOs will also see it like this.

If you have a doubt, write in an attachment a little explination with your interpretation of the question and write down what you actually did. If you present the facts like this, the IO will get to know what he wants to know.

Thanks for your advice. There were instances where I believe I was off Canadian soil for more than 6 months, however I'd exit China and spend a few days in Hong Kong to get a new visa. I had a business class visa a couple times, but it was all mostly tourist visas. As far as I can see the guide doesn't mention any time period (unless you're referring to one of those hard to find documents that always seems to exist somewhere.) It basically says if you're traveling as a tourist you're not residing.

 

[bobshynoswife]

I would say that you have never resided in another country. When it says have you lived together, I would say yes, and then in the box below explain that you co-habitated during your visits to her country.