Outland spouse of non-resident citizen soft landing

[anon123]

I want to inquire on the interpretation of the immigration bulletin regarding sponsoring spouse as a Canadian citizen not residing in Canada, specifically:

Sponsor not residing in Canada

(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.

is this requirement incompatible with the CBSA Memorandum D2-2-1:

Variation Between Customs/Immigration Legislation
9. A person's status for customs purposes is not always the same as their status for immigration purposes.

10. As an example, a person can become a permanent resident without the intention of residing immediately in Canada. However, this person is not determined to be a settler as defined in the customs legislation, and be eligible for the provisions of tariff item No. 9807.00.00. In this case, since the person does not have any intention of remaining in Canada at that time, and will live outside Canada for an undetermined period of time, that person is considered a non-resident of Canada and not a settler, for the purpose of the Customs Tariff, and is eligible to temporarily import goods under tariff item No. 9803.00.00.

In other words: is it possible for a sponsored spouse of a non-resident Canadian to do a "soft landing" or is the Canadian citizen required to submit the B4 form at the moment when the foreign national's CoPR is signed and become a Canadian resident? Would the sponsor and foreign national leaving Canada immediately after landing constitute fraud if their intentions are to return and live permanently in Canada but just not at this very moment?

 

[canuck78]

I want to inquire on the interpretation of the immigration bulletin regarding sponsoring spouse as a Canadian citizen not residing in Canada, specifically:



is this requirement incompatible with the CBSA Memorandum D2-2-1:



In other words: is it possible for a sponsored spouse of a non-resident Canadian to do a "soft landing" or is the Canadian citizen required to submit the B4 form at the moment when the foreign national's CoPR is signed and become a Canadian resident? Would the sponsor and foreign national leaving Canada immediately after landing constitute fraud if their intentions are to return and live permanently in Canada but just not at this very moment?

The don’t apply to sponsor your spouse until you are ready to return to Canada. You will be required to provide a lot of proof that you are going to relocate permanently to Canada like notice to your employer, housing up for sale or giving notice to your employer, etc.). The proof required has become more strict because too many people were not actually relocating to Canada with their spouses.