Sponsor Questionnaire (IMM5540) Question

[Thyobear]

Hi everyone,

Thanks in advance for your help thus far. Every time I try to get on my application forms, I seem to get stuck somewhere and maybe it's just me thinking too deep into it but I can't help but wonder.

My confusion is with question 11 on the IMM5540 which asks if I (sponsor) am currently living in Canada. I currently live in China with my wife and newborn son, however, I am still paying taxes in Canada since I am employed through an organization which has me as their representative in this country. I certainly can't answer yes and no for this question so which one should I be prioritizing?

We plan on doing the Outland application but will go back to Canada to wait for the approval since my wife has a TRV.

 

[countrygal]

If you have any sort of residency status in China I would put YES. Example...temporary residence, working visa or anything like that. I live in Mexico but still have all my roots to Canada. I still pay taxes, I renew my license yearly etc although I live in Mexico as a temporary residence I put YES on the application.

Hope this helps!

 

[canuck_in_uk]

My confusion is with question 11 on the IMM5540 which asks if I (sponsor) am currently living in Canada. I currently live in China with my wife and newborn son, however, I am still paying taxes in Canada since I am employed through an organization which has me as their representative in this country.

You don't live in Canada, regardless of the fact that you still pay taxes here. You live in China.

 

[chilkootcee]

You don't live in Canada, regardless of the fact that you still pay taxes here. You live in China.

I think it depends on the type of status that you have in the other country....for example, I have only visitor status in the UAE, so I put YES that I am a Canadian resident. That having been said, I also added a letter explaining that I am staying with my husband as a visitor in the UAE until our application is processed and indicated my physical address (emphasizing that it was not my mailing address).

It's not as straightforward as you imply...as some questions speak to where you live (which is your physical location) which may be different than your actual residency. Also, residency has different definitions depending on which government agency / service you are speaking about (Revenue Canada vs your provincial government) and technically in some provinces, residency is only defined via guidelines and not via legislation...

When in doubt, answer each question truthfully, but add a letter of explanation if required.

C.

 

[canuck_in_uk]

I think it depends on the type of status that you have in the other country....for example, I have only visitor status in the UAE, so I put YES that I am a Canadian resident. That having been said, I also added a letter explaining that I am staying with my husband as a visitor in the UAE until our application is processed and indicated my physical address (emphasizing that it was not my mailing address).

It's not as straightforward as you imply...as some questions speak to where you live (which is your physical location) which may be different than your actual residency. Also, residency has different definitions depending on which government agency / service you are speaking about (Revenue Canada vs your provincial government) and technically in some provinces, residency is only defined via guidelines and not via legislation...

CIC's definition of "Country of residence": The country a person is living in. When a visitor in Canada applies to extend their status, CIC states to put their current country of residence as Canada, i.e. CIC considers that they are living in Canada even though they are visitors. Basically, CIC doesn't care what a person's status is when it comes to stating where they live.

It is particularly important to answer this question correctly in IMM5540 because it establishes the basic fact of whether a sponsor is in Canada or outside of Canada. This determines whether or not the sponsor must prove intent to return to and reside in Canada, something very important to CIC.

OP has been in China for around a year, at least. He has a home in China. He has a job in China. His family is with him in China. He lives in China.

 

[canadianwoman]

Put no. You are living in China. You will have to attach proof you will be returning to Canada, so you can explain your situation further there.
Even if you put yes, you would then have to explain the situation. If not in the application, then later when the visa officer contacts you for further information. It is better to just explain the situation clearly now.