+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

kelsey199200

Star Member
Jun 24, 2010
161
1
hey everyone i just had a quick question...
is it a must to be in canada while your sponsorship application and the applicants application is processing. i thought youre allowed to be out of the country if youre not residing in another country as i wrote in my application im not residing since technically im on a 6 month tourist visa. but now i am reading even if youre just visiting you still must be in canada when they get their visa, so confused:(( any help would be great!
 
What type of application are you doing? (inland/outland) and are you the sponsor? I don't think there is any requirement for anyone to remain in Canada, unless the sponsor is only PR (will have to look this up).

http://www.cic.gc.ca/english/information/applications/guides/3900E2.asp

Who can sponsor?
You may be eligible to sponsor if:

the person you want to sponsor is a member of the family class;
you are 18 years of age or older;
you are a Canadian citizen or permanent resident;
you reside in Canada;

Canadian citizens not residing in Canada may sponsor their spouse, common-law partner, conjugal partner and/or dependent children who have no dependent children of their own. Canadians travelling abroad as tourists are not considered to be residing outside Canada.

Sponsors not residing in Canada must provide evidence that they reside exclusively outside Canada on the date of giving the undertaking and will reside in Canada at the time their sponsored spouse, common-law partner, conjugal partner and/or children become permanent residents of Canada. Evidence that they will reside in Canada may include one or more of the following:
letter from an employer;
letter of acceptance to a Canadian educational institution;
proof of having rented/bought a dwelling in Canada;
reasonable plans for re-establishing in Canada or severing ties to the other country.
 
If you are applying under the Inland Spousal class, you are required to be in Canada when your application is finalised (ie at the granting of PR). If you are not resident at that time, your application may be delayed or void.

Whilst you "can" go abroad during the processing of Inland Applications it is not advised to do so - if, for some reason, you were refused re-entry then your application could be void.

http://www.cic.gc.ca/english/information/applications/guides/5289E10.asp

"... Warning: If you leave Canada before permanent residence is approved there is no guarantee that you will be allowed to return or re-enter Canada. This is especially true if you require a visitor visa. Your application may be refused or delayed if you no longer have temporary resident status to qualify as a member of the Spouse or Common-law partner in Canada class.

With regards to the sponsor remaining in Canada, the following applies:

http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf sections 5:9 and 5:10

5.9.

Sponsor

A sponsor is a Canadian citizen, permanent resident or Registered Indian (see Note below) at least 18 years old, who resides in Canada and has filed an application to sponsor a member of the family class, a member of the spouse or common-law partner in Canada class or an applicant seeking permanent residence status in Canada under H&C grounds [R130(1)]. Sponsors must meet these requirements on the day the sponsorship is filed and from that day until the day a decision is made with respect to the application (to sponsor) [R133(1)]

An exception is made for Canadian citizens residing abroad (as the previous poster indicated)

5:10

Canadian citizens residing outside Canada

• may sponsor their spouse, common-law partner, conjugal partner or dependent children without dependent children of their own
• must satisfy immigration officials that they will reside in Canada once their spouse, common-law or conjugal partner and dependent children become permanent residents in Canada
• must forward their applications directly to CPC-M, where their plan to return to Canada will be assessed based on documentary evidence and/or interview assistance from the visa office where necessary

Permanent resident residing abroad

• may not sponsor from outside Canada

Also, see http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf section 13.2

Residency Requirements

In assessing residency requirements for sponsorship purposes the IRB Appeal Division ruled that a sponsor must maintain a significant connection to Canada.

Officers should consider whether the prospective sponsor:

• maintains a residence in Canada
• has spouse and/or children resident in Canada;
• has assets in Canada;
• pays Canadian income tax on global income;
• visits Canada regularly;
• maintains investments, bank accounts, health insurance or club memberships in Canada.

Sponsors may be found ineligible to sponsor if:

• they maintain residences in two countries at the same time;
• they have a house in Canada, but work abroad;
• they have interrupted their residence in Canada or spend little time in Canada.

Foreign stamps or post marks on the envelope, a foreign employer or the sponsor's non-Canadian address are indications the sponsor may not be residing in Canada;

• there is evidence that they will leave Canada soon after the sponsored applicant becomes a permanent resident. Sponsors must satisfy an officer they will continue to reside in Canada after the member of the family class becomes a permanent resident;

• sponsors are not ineligible if they take short holidays or business trips outside Canada.

13.3. Sponsorship by Canadian citizens living abroad

The following applies to Canadian citizens living abroad:

• Canadian citizens who reside abroad may sponsor only their spouse, common-law partner, conjugal partner or a dependent child who does not have dependent children of their own;
• they must submit their sponsorship application package and fees to the CPC-M in Canada and not to the visa office;
• Canadian citizens who are tourists in a foreign country, even for extended periods, are still residents of Canada;
• Canadian citizens who are long-term workers or students in another country are generally considered residents of that country;
• Canadians who have spent little or no time in Canada may also seek to sponsor.

If they have never worked in Canada and do not have the educational or language skills to find employment in Canada, refusal under A39 may be appropriate if arrangements for the care and support of the sponsored person are not satisfactory;

• sponsors must provide evidence that they will reside in Canada after the sponsored persons and their family members become permanent residents.

Evidence that sponsors will reside in Canada may include one or more of the following:

• letter from an employer;
• letter of acceptance to a Canadian educational institution;
• proof of having rented/bought a dwelling in Canada;
• reasonable plans for re-establishing in Canada or severing ties to the other country.



:)
 
hey guyss!! thanks so much for answering that helps alot!
iam a canadaian citizen sponsoring my husband from egypt, iam giong to send the application this weekend but were expecting ababy in early september. im in egypt now but am going to canada to give birth in in a few days and hope to return to egypt when shes born:)) thanks again
 
Hey all,

So if i do have a valid visitor visa and my application is still in process i have a high chance of re-entering canada if i went away for say two days???.. This confuses me!. and i would LOVE a clear explanation!..

Linda
Inland Application,
Sent January 2010
Started processing march 31st 2010
 
Black-Berry said:
Hey all,

So if i do have a valid visitor visa and my application is still in process i have a high chance of re-entering canada if i went away for say two days???.. This confuses me!. and i would LOVE a clear explanation!..

Linda
Inland Application,
Sent January 2010
Started processing march 31st 2010
The problem is that if you leave Canada the border officials might not let you back in. With an inland application, this means it will be refused and you will have to start over.
If you have a multiple-entry visa, or are from a visa-exempt country, they will most likely let you back in. If you need to get a new TRV to get back in, you will almost certainly not get one.
 
Thanks canadianwoman.. I do have a multiple entry visa.. .. i live in vancouver and have been to the states multiple times. the most recent time i have been is in may.. well after my application started getting processed. The immigration people in aldergrove were very nice n swet to me and actuall even gaveme more information about my status. ie what stage of process and the guy even showed me his screen ;D on what exactly he saw... . Thanks for the information..