Outland sponsorship question

[Amlou]

Would applying for a residency card in another country in order to be with my spouse during this time get our application rejected?

Background:
I’m a Canadian citizen with a Moroccan spouse. With Covid delaying all applications, my spouse and I want to find a way to see each other. Currently Moroccan borders are only open to citizens and residents. My job allows me to work remotely and maintain my income from Canada. Ideally, would want to stay till our application is approved.

 

[armoured]

No, it would not result in your application getting rejected (note: only true for citizen-sponsors, PR-sponsors should NOT do this).

Does you spouse have a visa? If she has or can get a visa (or from visa waiver country), immediate family members can come to Canada; no work permit though. Perhaps worth considering.

You'll need to update your address with IRCC and may wish to include a note that you intend to return to Canada. If you are maintaining your residence, may help if they have questions about your intention to return.

Note, no comment on tax or other issues here. And again note for others, this is for outland applications only.

 

[LotusLeodis]

If you live in Morocco with your Moroccan spouse, you can make an Outland application, as a Canadian citizen abroad - It's a specific box on the checklist. You need to specifically demonstrate intent to return with your spouse in the application.

Have you already made an application and if so, what type? I understand that if they have not started processing it (i.e. received AOR1), you can get a refund and reapply. If you have already applied Outland, I am not sure if this would require a withdrawal and reapplication or just an update / change of circumstances.

Perhaps someone with more experience can clarify.

 

[Amlou]

Appreciate your response.
My spouse doesn’t have a visa, from our knowledge it’s highly unlikely for them to be approved to visit.
If I maintain my place in Canada while I am away would that still require for me to notify IRCC as my occupation and address will still be the same?
We have applied outland in April and haven’t received an AOR yet.

 

[armoured]

You might be turned down for a visa, but perhaps not. Surely the hundred dollars or so and time to apply online is worth it, given the alternative is moving to Morocco for an unknown length of time?

 

[LotusLeodis]

I think you would need to tell IRCC about the change of circumstances: https://www.cic.gc.ca/english/contacts/web-form.asp

Of course, you would need a correct and valid visa for Morocco as well. In this sense, you would have to update IRCC that you live in Morocco and gather evidence to this effect that you live together with shared bills and address and for you both, with correct legal status there, if you want to apply with you both outland and, if indeed, it requires withdrawal and application. I believe if you do this before AOR1, you might be able to get a refund of some amount, but you would start again from the beginning of the process.

As I explained, it is possible to make an Outland application, as a Canadian citizen abroad - It's a specific box on the checklist at the very beginning. As you need to specifically demonstrate intent to return with your spouse in the application, maintaining property and proof of this may assist in providing this evidence.

As I say, I am not sure if this would require a withdrawal and reapplication or just an update / change of circumstances. It might be worth contacting them to ask whether it is a change of circumstances or would need withdrawal and reapplication. This is where someone else might be able to answer regarding the possible options more formally.

 

[armoured]

I do not believe you would need to withdraw and re-apply. You definitely should advise of change of address.

It's perhaps unlikely they would question your intent to return given processing times and covid - but they could. This is why it may be useful/helpful to retain your residential ties. Given you will continue to work for a Canadian company, it shouldn't be at all difficult in your case, so I would not try to play around with these things. (Withholding information could be seen as an attempt to mislead)

 

[Amlou]

Thank you for your input, I think you are right.
Worth the effort for the visa.

As for staying in Morocco, Canadians are allowed to stay for 3 months visa free (under tourism). I am eligible for a residency card via my spouse which can extend my stay without breaking any laws (an option if we feel that the application processing delays are prolonged even further). Alternatively I guess I could just leave at the 90 days and come back. In a perfect world, we wouldn’t have to jump through all these hoops just to be with our spouse.

I fully intend to keep our property/home in Canada while away, as this is where we plan to stay in the future.
Therefore would I still need to “change” my address with IRCC?
Not trying to withhold information, but technically my address will remain the same and plan to continue to use it as my main address.

 

[LotusLeodis]

The idea is that you will live with your spouse in Morocco, right? From that, I interpret you want to move there to be with them until application is approved. I would read that as a material change to your application for which you would have to inform IRCC.

The fact that you will hold a property in Canada and if you have evidence of that would provide possible evidence on intent to return, so if it were me, I would read that as needing to withdraw current application and reapplying with a new application with both of you outland.

For that you would need to change the checklist, provide evidence of living together in Morocco, including any residency permit, and evidence of intent to return to Canada once approved.

If it were me, I would contact IRCC saying that you have applied outland with you in Canada at present. You are considering moving to Morocco to stay with your spouse and you want to check whether this requires withdrawal of current application and resubmission. My guess is that the answer is yes, because it changes materially what you have to submit by quite a bit. If you withdraw your application before AOR1, I understand you can get a refund of some type.

Otherwise, you could just visit for three months out of every year or whatever the legal visit visa situation is in Morocco and not change your application, because you'd be on holiday. As for the issue about working remotely in another country whilst you are on holiday, if that's what you want to do, I would make sure that this does not constitute working in Morocco for which you'd require a visa.

As I say, I am not a legal expert and your mileage may vary.

 

[Amlou]

Yes, we are looking for a temporary solution to eliminate our distance.
Your advice is greatly appreciated as I really don’t want to jeopardize our main goal, to settle together in Canada.
I will certainly check in with IRCC, and take it from there.
Thanks again!

 

[armoured]

Therefore would I still need to “change” my address with IRCC?
Not trying to withhold information, but technically my address will remain the same and plan to continue to use it as my main address.

It's up to you. I would say if you stay longer than 90 days, you definitely should update the address info (personally I'd say 30 days but I don't have any basis to use a specific number).

Have no fear, they are aware of the concept of factual residence vs mailing address and you can keep both. Again, this is probably not a big deal in your case as you'll continue working for your Cdn employer and keep your residence, but you do not wish to give the impression you're not being completely honest.

On the positive side, updating address to reside with your spouse during the wait - which might be long at this point - will strengthen the bona fides of your relationship.

 

[armoured]

The fact that you will hold a property in Canada and if you have evidence of that would provide possible evidence on intent to return, so if it were me, I would read that as needing to withdraw current application and reapplying with a new application with both of you outland.

I am basing on what others have said here before, that since it is an outland app and a citizen is not required to be in Canada to apply, they do not need to withdraw. Not all material changes change the substance of the application - as long as the legal content remains the same.

Note, for example, PAs in Canada can apply outland, and an outland PA can move to Canada on a TRV during the process - they do not need to withdraw and resubmit their app.

Likewise, a sponsor who is residing abroad and moves to Canada during the process does not need to withdraw and resubmit, either.

At any rate, in no circumstance should one withdraw an app in process without getting solid advice (from a lawyer if need be) that it is required or beneficial to the applicant/sponsor in some significant way. That will just mean starting the process over.

In my opinion, of course.

 

[LotusLeodis]

At any rate, in no circumstance should one withdraw an app in process without getting solid advice (from a lawyer if need be) that it is required or beneficial to the applicant/sponsor in some significant way.

Indeed.

If it were me, I would contact IRCC saying that you have applied outland with you in Canada at present. You are considering moving to Morocco to stay with your spouse and you want to check whether this requires withdrawal of current application and resubmission.
As I say, I am not a legal expert and your mileage may vary.

Clarification of the proper options is key. And what constitutes change, requiring just notifying IRCC or something more substantial.

 

[Amlou]

I appreciate the solid advice from both of you, it’s given me good perspective on my options.
Many thanks for your guidance!