Inland Spousal Sponsorship - Question/Concern.

[lt1323]

Greetings!

I have hired lawyer to assist in helping me 'import' my husband to Canada. They explained the options and we decided to go with the Inland sponsorship. He has now sold his home, quit his job and now he is ready to join me in Canada. My issue: Our lawyer is advising us that he needs to inform customs that he is only here for a visit. This raises serious red flags for me. He is not comfortable misleading anyone, let alone customs and I've already paid the retainer to the lawyer (whom by all online reviews is reputable). Is this normal?!

Thanks

 

[Ponga]

Your lawyer is correct.

Until your husband has been approved to be a PR of Canada, he cannot legally live in Canada. He can come to `visit', but he cannot announce that he is moving to Canada...yet.

Just curious...why did you hire a lawyer? Do you have a complicated application?

The CBSA officer may have concerns that your husband does not have strong ties to return 'home', so he should be prepared to provide proof that he does...just in case. He doesn't need to voluntarily disclose the fact that he's sold his house and quit his job, but if he's asked by the officer is he has...he must answer truthfully.

Good luck!

 

[lt1323]

Fantastic. Thank you for your reply! Its good to know we are on the right path. It makes sense and yet it doesn't make sense ???

I hired a lawyer because I am extremely time restricted. My job takes me away very frequently and sometimes for long lengths of time so I wanted to ensure someone could take the time and make sure everything was handled properly and timely.

Thanks again!

 

[Ponga]

Fantastic. Thank you for your reply! Its good to know we are on the right path. It makes sense and yet it doesn't make sense ???

I hired a lawyer because I am extremely time restricted. My job takes me away very frequently and sometimes for long lengths of time so I wanted to ensure someone could take the time and make sure everything was handled properly and timely.

Thanks again!

Uh...is your lawyer aware of this?

It is a requirement for the Inland application, that you both be in Canada and reside at the same physical address. If your job takes you away for more than a couple of days at a time, it could be a problem.

Here's what is found in the Inland Processing Manual (IP8):

spouse or common- law partner of a sponsor
␣ cohabitating with sponsor in Canada
␣ (temporary resident status)*
␣ sponsorship submitted (and approved)
␣ Is FN excluded from the class due to R125 provisions– excluded relationships?

 

[lt1323]

My lawyer is aware and never mentioned this condition. Luckily, my job has recently changed allowing me much more time at home. Good catch. (plus your reply time is MUCH better than my lawyer!)

 

[Rob_TO]

What country is your husband from? In many cases an outland app may be the better option for sponsorship.

As mentioned, with an inland application you need to prepare to live together at the same address in Canada for up to the next 2 years.