Moving abroad for work while sponsoring a relative

[scll]

Hi all,

I sponsored my son who is now 20. He has been living with my Canadian wife and I (I’m Canadian too for almost a year now) as a PR for 1 year and 1/2. He’s going to university full-time. My Canadian wife has been offered a job in the USA. Can I move with her over there while my son stays in Canada and continues his studies? We would of course provide for him. Or do I have to be physically present in Canada as his sponsor?

 

[21Goose]

You can move. The undertaking you signed stays in effect, but you don't have to be physically present in Canada.

 

[phaeo]

I'm pretty sure that you have to stay in Canada for the duration of your sponsorship undertaking. It's why you have to show proof of intent to move back to Canada when you apply outland but still live abroad at the time of application. Here's a chapter from IRCC's operational guidelines: https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/ip/ip02-eng.pdf

And here's a section I think applies to you:

Financial resources must originate from Canadian sources for the following reasons:
•employment income abroad is not a reliable indicator of future or stable employment in Canada.
•CPC staff cannot easily verify if foreign income can be transferred to Canada.
•converting foreign income into Canadian dollars is resource-intensive.
•in cases of default, collection and litigation, it is easier to recover income from Canadian sources.

For more information, see: Exceptions to the Canadian income rule, section 5.31.

It's on page 22 of the document. It doesn't sound like it's possible for you to live outside of Canada while sponsoring because they require you to be getting your income from a Canadian source. If you want to read some more, you can find all the chapters here: https://www.canada.ca/en/immigratio...ns-manuals/operational-bulletins-manuals.html

Hope this helps!

 

[21Goose]

I'm pretty sure that you have to stay in Canada for the duration of your sponsorship undertaking. It's why you have to show proof of intent to move back to Canada when you apply outland but still live abroad at the time of application. Here's a chapter from IRCC's operational guidelines: https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/ip/ip02-eng.pdf

And here's a section I think applies to you:

Financial resources must originate from Canadian sources for the following reasons:
•employment income abroad is not a reliable indicator of future or stable employment in Canada.
•CPC staff cannot easily verify if foreign income can be transferred to Canada.
•converting foreign income into Canadian dollars is resource-intensive.
•in cases of default, collection and litigation, it is easier to recover income from Canadian sources.

For more information, see: Exceptions to the Canadian income rule, section 5.31.

It's on page 22 of the document. It doesn't sound like it's possible for you to live outside of Canada while sponsoring because they require you to be getting your income from a Canadian source. If you want to read some more, you can find all the chapters here: https://www.canada.ca/en/immigratio...ns-manuals/operational-bulletins-manuals.html

Hope this helps!

No, that's for when he's first applying as a sponsor. It doesn't apply to the undertaking after the sponsorship has been approved and the family member is a PR.

Your interpretation won't work, because, for example, undertakings for parents are for 20 years. Sponsoring your parents doesn't mean that you can't live outside Canada for 20 whole years. That would be a significant restriction on freedom of movement.

He is responsible for the terms of the undertaking, but he isn't forced to live in Canada for the duration of the undertaking.

I'm happy to be corrected if I'm wrong. I can't find anything that says you have to live in Canada for the duration of your undertaking.

 

[phaeo]

No, that's for when he's first applying as a sponsor. It doesn't apply to the undertaking after the sponsorship has been approved and the family member is a PR.

Your interpretation won't work, because, for example, undertakings for parents are for 20 years. Sponsoring your parents doesn't mean that you can't live outside Canada for 20 whole years. That would be a significant restriction on freedom of movement.

He is responsible for the terms of the undertaking, but he isn't forced to live in Canada for the duration of the undertaking.

I'm happy to be corrected if I'm wrong. I can't find anything that says you have to live in Canada for the duration of your undertaking.

Ah, I see, that info is for when you're making an application. Sorry for the confusion!

 

[scll]

Thanks for your answers!