Sponsoring Parents while living outside Canada

[fabiocanada]

IRCC received my application to sponsor my parents in January 2016 and started processing it in July, 2016.

Today, May 2017, I want to live and work in the United States.

Question 1) Can I live and work outside of Canada while IRCC processes my parent's application for my sponsorship?

Question 2) Can I use the income from my work in the United States, as proof if necessary? (My income will be from an employment in the States, not in Canada)

My intention is to move back to Canada once my parents are granted PR.

.

 

[scylla]

1) No - you can't. You must be living in Canada.
2) No - this won't be accepted either. Your income must be from Canadian sources.

If you take the job in the US and CIC finds out, you should expect your application to sponsor your parents to be refused for failing to meet the conditions of sponsorship.

 

[Rob_TO]

2) No - this won't be accepted either. Your income must be from Canadian sources.

Actually the income can be from foreign sources, but the important part is you must be physically living in Canada while earning it. So in cases where say a person is living in Canada but drives daily across border to work at a US company, or lives in Canada but receives foreign investment income, can all count to PGP qualifying income.

Although this still doesn't help the OP.

 

[zardoz]

IRCC received my application to sponsor my parents in January 2016 and started processing it in July, 2016.

Today, May 2017, I want to live and work in the United States.

Question 1) Can I live and work outside of Canada while IRCC processes my parent's application for my sponsorship?

Question 2) Can I use the income from my work in the United States, as proof if necessary? (My income will be from an employment in the States, not in Canada)

My intention is to move back to Canada once my parents are granted PR.

.

Just so there is no confusion. http://www.cic.gc.ca/english/information/applications/guides/5772ETOC.asp

Sponsorship eligibility

In order to sponsor, you must…

be 18 years of age or older;
be a Canadian citizen, Registered Indian or permanent resident;
be sponsoring a member of the family Class;
live in Canada;
sign an undertaking promising to provide for the basic requirements of the person being sponsored;
sign an agreement with the person you are sponsoring that confirms that each of you understands your mutual obligations and responsibilities;
prove that you have sufficient income to provide the basic requirements for your family members in Canada as well as the persons included in your sponsorship undertaking. You may also have a co-signer.

 

[fabiocanada]

1) No - you can't. You must be living in Canada.
2) No - this won't be accepted either. Your income must be from Canadian sources.

If you take the job in the US and CIC finds out, you should expect your application to sponsor your parents to be refused for failing to meet the conditions of sponsorship.

I have contacted IRCC call center. I explained the situation. They say it "might" be a problem. After asking for more details, they said "if, in the future, they ask for my options C printout again (for the most recent years)."

But they couldn't tell me a clear yes or no. The agent said it depends on who will be assessing. :-X

Nowhere in the IRCC website, it says I have to live in Canada and have income from Canada during the process. They should specify that.

I guess I won't be working in the States soon

 

[scylla]

Nowhere in the IRCC website, it says I have to live in Canada and have income from Canada during the process. They should specify that.

It actually does. That's what this means:

In order to sponsor, you must…

be 18 years of age or older;
be a Canadian citizen, Registered Indian or permanent resident;
be sponsoring a member of the family Class;
live in Canada;
sign an undertaking promising to provide for the basic requirements of the person being sponsored;
sign an agreement with the person you are sponsoring that confirms that each of you understands your mutual obligations and responsibilities;
prove that you have sufficient income to provide the basic requirements for your family members in Canada as well as the persons included in your sponsorship undertaking. You may also have a co-signer.

http://www.cic.gc.ca/english/information/applications/guides/5772ETOC.asp

 

[zardoz]

I have contacted IRCC call center. I explained the situation. They say it "might" be a problem. After asking for more details, they said "if, in the future, they ask for my options C printout again (for the most recent years)."

But they couldn't tell me a clear yes or no. The agent said it depends on who will be assessing. :-X

Nowhere in the IRCC website, it says I have to live in Canada and have income from Canada during the process. They should specify that.

I guess I won't be working in the States soon

See http://www.cic.gc.ca/english/resources/tools/perm/non-econ/index.asp

Classes
Members of the family class (OP 2 (PDF, 719.93 KB), IP 2 (PDF, 394.15 KB))

Download IP 2 and look at 5.30 through 5.34. Also, 5.10 Table 9. PGP Sponsorship is not subject to the exemption.

 

[jeffporfirio1]

I have contacted IRCC call center. I explained the situation. They say it "might" be a problem. After asking for more details, they said "if, in the future, they ask for my options C printout again (for the most recent years)."

But they couldn't tell me a clear yes or no. The agent said it depends on who will be assessing. :-X

Nowhere in the IRCC website, it says I have to live in Canada and have income from Canada during the process. They should specify that.

I guess I won't be working in the States soon

from: http://www.cic.gc.ca/english/immigrate/sponsor/pgp-apply-who.asp

To sponsor your parent or grandparent, you must be living in Canada.

 

[zardoz]

And finally, from IP 2.

5.9. Sponsor
A sponsor is a Canadian citizen, permanent resident or Registered Indian (see Note below) at least 18 years old, who resides in Canada and has filed an application to sponsor a member of the family class, a member of the spouse or common-law partner in Canada class or an applicant seeking permanent residence status in Canada under H&C grounds [R130(1)]. Sponsors must meet these requirements on the day the sponsorship is filed and from that day until the day a decision is made with respect to the application (to sponsor) [R133(1)]

The Federal Court had upheld this to be until such time as the PR applicant lands in Canada and completes the landing procedure.

 

[Rob_TO]

Nowhere in the IRCC website, it says I have to live in Canada and have income from Canada during the process.

Why would you think that the eligibility requirements of a sponsor would change once an app has been submitted??

In this case the agent is right, if you move outside Canada it's up to the visa officer if your parents app would be rejected or not. There is a chance the app could continue successfully. The 2 risks are:
1. If visa officer simply notices you are no longer living in Canada, they can cancel the app. This would require them to do a follow up check on your current residential status which they may or may not do.
2. If visa officer wants to see a new income assessment up to latest date, and notices you have earned latest income while not living in Canada, then you may fail the income test in which case app would be rejected. Again though, there is a chance no new income check would be required.

So the risk is up to you. If it was me, I would not take the risk and would remain in Canada until parents had gotten PR approvals.

 

[fabiocanada]

And finally, from IP 2.
The Federal Court had upheld this to be until such time as the PR applicant lands in Canada and completes the landing procedure.

Thank you, this is the information I was looking for!

Simply stating you must live in Canada doesn't answer my question. As I do live in Canada and my application has already been accepted and it's in progress. My plan is only to work in the States for a couple of years (temporary, as I said my intention is to come back), since this process will take at least that many years or more. I would live in Canada by the time my parents arrive, so I would fall under the requirements again.

You can sponsor a spouse living outside Canada, but cannot sponsor parents, it makes no sense to me.


Thank you!

 

[Rob_TO]

My plan is only to work in the States for a couple of years (temporary, as I said my intention is to come back),

As mentioned, foreign income earned while not living in Canada does not count so you would fail an income test if they check later years, which they most often do.

Also a visa officer can check sponsor eligibility at any time while an app is in process. Since living in Canada is a requirement to be eligible, if they do a check and you aren't living in Canada they can cancel the app.

 

[zardoz]

Thank you, this is the information I was looking for!

Simply stating you must live in Canada doesn't answer my question. As I do live in Canada and my application has already been accepted and it's in progress. My plan is only to work in the States for a couple of years (temporary, as I said my intention is to come back), since this process will take at least that many years or more. I would live in Canada by the time my parents arrive, so I would fall under the requirements again.

You can sponsor a spouse living outside Canada, but cannot sponsor parents, it makes no sense to me.


Thank you!

It's possible that the reference to the PR landing date may refer specifically to the ability to withdraw sponsorship. Checking CANLII I was able to confirm that the "lock in" period is from application date through to visa office decision date for the PR application, even if it doesn't extend to the landing date. A subtle distinction but not overly applicable to the OP's case.

 

[jguan0530]

Actually the income can be from foreign sources, but the important part is you must be physically living in Canada while earning it. So in cases where say a person is living in Canada but drives daily across border to work at a US company, or lives in Canada but receives foreign investment income, can all count to PGP qualifying income.

Although this still doesn't help the OP.

I plan to do the same while sponsoring my parents. Could you provide the source please?
To stretch a bit, can I commute back and forth to US for work WEEKLY? Say spend three nights in the US during week days and come home to Canada on weekend. Is this still eligible? Thank you.