Studying outside of Canada and sponsoring spouse

[thekindofguy]

Hi Everyone,

Just beginning the application to sponsor my spouse and I am confused regarding my residency status. I am a student who has been studying outside Canada for 7 years now and will finish next year. I have only visited Canada every couple of years for only a few weeks at a time.

I was born in Canada and still maintain a valid Canadian drivers license and health card.

Am I considered a Canadian citizen who is living exclusively outside of Canada? This is in reference to form IMM1344E.

I thank you in advance for your help.

 

[tahsinmohammad]

Hi Everyone,

Just beginning the application to sponsor my spouse and I am confused regarding my residency status. I am a student who has been studying outside Canada for 7 years now and will finish next year. I have only visited Canada every couple of years for only a few weeks at a time.

I was born in Canada and still maintain a valid Canadian drivers license and health card.

Am I considered a Canadian citizen who is living exclusively outside of Canada? This is in reference to form IMM1344E.

I thank you in advance for your help.

As a Canadian Citizen we have a privilege to apply for Spouse PR from anywhere in the world.I am also living exclusively outside Canada since 4-5 years and applied for Spouse PR and waiting to hear from New Delhi Office.

One extra thing we have to show the Visa Officer that we will travel back to Canada once he/she gets her PR i.e Intent of coming back to Canada and live.

 

[thekindofguy]

Tahsin,

Thank you for your response. I am aware that we are allowed to sponsor from anywhere in the world. However, I am confused because I am a student here and I am not sure if that makes me a resident in this country or if I am still a resident in Canada.

It seems that this makes a big difference when completing the application form. Moreover, we will leave when I finish school and not as soon as the PR is approved. I will be done school in 16 months time.

 

[tahsinmohammad]

Tahsin,

Thank you for your response. I am aware that we are allowed to sponsor from anywhere in the world. However, I am confused because I am a student here and I am not sure if that makes me a resident in this country or if I am still a resident in Canada.

I am hoping you are paying taxes in the country you are residing at the moment.If so then you are a resident of that country as far as my knowledge goes.Coming to resident in Canada point, if you are out of the country for 180+plus days in the calendar year then your status will be deemed as Non Resident.You can search this on www.cic.gc.ca more about this.....It will not effect your application if you are resident or non resident of Canada as you are Canadian Citizen

It seems that this makes a big difference when completing the application form. Moreover, we will leave when I finish school and not as soon as the PR is approved. I will be done school in 16 months time.

As I said you in my earlier post that you have to submit the documents or shows proof which support that you and your spouse will return back to Canada after getting PR.If your time frame for the processing of PR is around 16 months then you should be fine.I mean where are you applying from..Country and Visa Office time frame....

 

[thekindofguy]

Tahsin,

No, I do not pay taxes here as I am not working and I am only a student. Thanks for your response. Yes, I spend more that 180 days out so I will proceed completing it as a non resident.

The time frame here in the Philippines is only 9 months. However, I am worried about possible delays and think I should submit it now so that it will be approved with time left over.

 

[canadianwoman]

The visa officer will look at how long you have been out of Canada, and will decide you are residing outside of Canada. He/she will then need proof of your intent to return to Canada. This is even if you technically could claim to not be residing exclusively outside Canada. To avoid delays, just assume the visa officer will want evidence of your intent to return, and include it.
I would just state you are living exclusively outside Canada. Attach a note explaining your situation.

 

[thekindofguy]

Hi canadianwoman,

Would graduating from university be enough of a proof of intent to return to Canada? I am unable to,work or stay in this country so in my mind it would be obvious that I intend to return to Canada. How can I establish that? Just a note explaining my situation?

 

[canadianwoman]

A letter explaining this would help. If you could include some proof that you cannot work or stay in the country after graduation, that would help. You could explain this, and attach a copy of the law that states this, or get a lawyer to write a short explanation of this law. A copy of your visa, if it states when it expires and says you cannot work, could be enough.
The visa officer will want more proof you are returning to Canada, though. Write a plan for your return to Canada: explain what you are doing to prepare to live in Canada again, such as where you will live, what job you will get or future education; and also what steps you are taking to leave the country you are in, such as showing when your visa expires, preparations for moving things back, etc. Any proof of this should be included as well: for example, if you are going to live with your parents when you first get back, get a letter from them stating they will allow you to live rent-free in their home until you and your spouse get jobs.

 

[thekindofguy]

Thanks for your advice. I will make sure I develop a comprehensive plan and include it with my application.

 

[crassy]

I am a student who is currently in the process of sponsoring my husband. I've only been here for 5 years, so I am in a bit of a different situation.

To satisfy the desire to return and live in Canada component, I had my parents, friends, and family write letters saying that we had a place to live, and that they were very much looking forward to our return. I also printed out Facebook and blog updates where I incessantly whinge about how much I hate where I am and how homesick I am. I also write a letter explaining my desire to return. If it helps, this is what I received from the Sydney office when I asked this question:

3. Form IMM5540E - Question 11 asks if I am currently living in Canada. I am not. It asks when I plan to resume residency and I have no idea what to put here. I plan to resume residency if/when my husband is approved for permanent residency. As for a date...I have no clue! I also don't have proof of any intentions to re-establish in Canada other than a letter from my parents saying we have a place to stay until we find employment. Out of curiosity, if the immigration process can take over a year (and may not even be approved), how could anyone have job offers or rental agreements?

You can just indicate your intention to return - sometimes emails from previous employers indicate a position opening, sometimes there are leases in place or there is an offer at a university etc. You do not have to include additional information here, other than what you have advised.

 

[thekindofguy]

Hi crassy,

Thanks for sharing that. It is definitely a tough thing to answer and I hope they are not too strict on this requirement. It is really hard to establish anything concrete that will satisfy them. Let me know how your case goes and I wish you the best of luck.