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Residency Obligation - Please advise. Inputs needed.

jakklondon

Hero Member
Oct 17, 2021
582
139
Minimal pain to live in Canada for 2 out of 5 years and to get citizenship after 3 out of 5 years.
I think it sucks to be a Globalist or serve Globalist interests, to import millions of foreign doctors and engineers to pull rickshaws on the streets of Toronto and Montreal, and do so while labor market is already oversaturated, and then force those desperate rickshaws to stay in Canada for years, under the threat of stripping them of PR status. "Pull rickshaw in Canada, or else we will strip you of PR status". That's just terrible.
 
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Copingwithlife

VIP Member
Jul 29, 2018
3,997
1,948
Earth
What exactly I have said (quote me) that was wrong? And why is it Ok for someone who missed their daily doze of psychiatric medication to come and insinuate that I have played games and therefore was sent to secondary inspection at the Canadian border? I understand you have emotional investment in "proving me wrong", but it doesn't change the facts and rules of argument. Nor gives carte blanche to delusional, paranoid, insane person to project contents of their fraudulent personality on me, then blame me for who they are. If they do, I am obliged to make clear for everyone else who is who.
Also notice that I have repeatedly ignored that deranged poster (ever since I signed up on this board), in hopes he would get a clue and stop his provocative ad hominems and stick instead to debating the subject matter. I never picked an argument with him, never responded to him directly, ignored him on nearly all occasions, but he kept harassing and insulting me, over and over again, staring from the very first time I posted on this forum, and he keeps doing it every time he responds to a thread where I make a comment. And after all that you say I am the at fault party? LOL
Bat shit crazy
 

armoured

VIP Member
Feb 1, 2015
15,724
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To stop the speculation (at least for those who are not bonkers), previous posts have made this clear with links and citations:

-the law states that sponsors (PRs) must 'reside in Canada';
-the part of the law that addresses residency obligation is completely different and uses different language.

It is quite straightforward: meeting the residency obligation does NOT mean residency for purposes of being a sponsor. The text of the law does not follow the standard practice of referring to other sections when a concept or specific implementation is already defined - because they are not the same. (Likewise, 'tax residence' is also a red herring, because if the law meant to use tax residence as a definition of residency, it could and would simply reference the relevant legislation.

(An example of why this is evident can be seen in a careful reading - the law applies the same 'resides in Canada' language to both PRs and citizens, and obviously the RO does not and cannot apply in any way, shape or form to citizens; the carve-out for how citizen-sponsors not resident in Canada are treated is in a separate sub-para [seemingly done this way to limit applicability to sponsorship of immediate family members.] Therefore, there can be no foolishness here about whether compliance with the RO is 'sufficient' to be considered residency - they are different concepts and provided for separately in law.)

If there was any doubt about this, the IRCC regulations (previously cited) make this explicit and confirm these are separate concepts: persons who only visit and do not have principal residence in Canada cannot sponsor.

Here are the parts of the relevant posts and links for reference. By all means consult a lawyer to confirm if one wishes.

The primary law that requires a PR "reside" in Canada to be eligible to sponsor a family member is Section 130(1)(b) IRPR (Immigration and Refugee Protection Regulations). See

https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-18.html#docCont
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-assessing-sponsor.html

"Persons who do not maintain a principal residence in Canada and who live and work abroad and only return to Canada for short visits are not considered to meet residency requirements."
 
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jakklondon

Hero Member
Oct 17, 2021
582
139
Let me put it in chronological order, so the liars and slanderers whose pants are caught in fire can be duly exposed:

1. The following comment was left by poster canuck78, on Monday at 12:44 AM (anyone can go back to page one of this thread to verify):

You can’t sponsor a spouse for PR if you don’t live in Canada. Assume the goal it to get PR and then citizenship so he needs to move to Canada he can’t just drive in for a few minutes everyday. If living in Canada then a spouse can’t remain living in the US on their H4. Only option is to try to get a TRV and sponsor inland or return to your home country while your spouse sponsors you from Canada.
This was comment #10 , and up to this point only myself, OP and canuck78 participated in exchange of opinions. Therefore, the allegation that "previous posts have made this clear" (meaning, made clear what the requirements are to sponsor TRV by PR) , to put it bluntly, is a lie.
I stated what I stated at the referenced point in good faith. And I never asserted anything one way or another, I admitted all along that I knew next to nothing about TRV. And I believed then ,as I believe now, that @canuck78 pulled her assertion at the time out of thin air. What transpired afterwards (if anyone brought further clarification and etc.) is irrelevant.

 
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