Which residency should I use to sponsor my spouse, Canadian or Australian?

[bscheel]

I need some advice on the best approach here.
I am a Canadian\Australian dual citizen and my place of residence is in Canada. However have been 'visiting' my spouse in Australia since August 2011 (almost 8 months). We got married 28/12/11. We have travelled back to Canada once in that time. My spouse is an Australian citizen and resident. We are applying for permenant residency for her and plan to move to Canada straight after that.
At this point I can prove my residency in both countries - driver's licence, healthcard, ect.

My question is; Is it better to fill in the application as a resident of Canada or a non-resident of Canada?

One thing is, when we move to Canada we will be staying at my parents house(that's my place of residence)so I don't have a mortgage or rental agreement and I won't have any job or schooling lined-up ahead of time. So if I say i'm am Aussie resident, i'm not sure how to prove we are planning to move to Canada straight away.

 

[CharlieD10]

You are not residing exclusively outside of Canada for very long, but you should file an Outland application via the Sydney visa office, and mention that your plans are to reside with your parents until you and your spouse become settled in Canada.

 

[bscheel]

Thanks Charlie, we are definetly filing an Outland application.

With respect to the question at hand; are you saying it will be better for me to fill in the application saying I reside full time in Canada, even though I have spent so much time in Australia?

 

[CharlieD10]

Yes. You have not taken any steps to become permanently established in Australia, from what you have said here, so technically you are still residing permanently in Canada, and just visiting there. If you had gotten employment, enrolled in school, or other signs of long-term residence in Australia, then you would use your Australian address, as you are expecting to be there for some time longer. It's more about how you've spent the time, than how much time has been spent abroad that determines whether you are residing exclusively outside Canada.

 

[bscheel]

Thanks again Charile, it's really great ot get some advice on this from someone who has gone through the process.
One thing I didn't mention is that I am working while i'm in Australia. My contract started on September 15, 2011. It was supposed to finish on Januray 15th, 2012 but my wife and I decided to stay in Australia longer because we found out she is pregnant and we decided to stay and have the baby here. So I have extended my work contract until June 29th, 2012. The baby is due July 14th. 2012 and we plan to fly back to Canada to live on September 20th, 2012.
Does that change your opinion of where I should say I live for the application?
Thanks again.

 

[itscoezy]

My question is; Is it better to fill in the application as a resident of Canada or a non-resident of Canada?

What do you mean filling out the application as a resident of Canada or a non resident of Canada? Is there a different form you have to fill out? I personally am filing from Mexico, I live here... but I'm a Canadian citizen. I wasn't aware of a different process being a resident of canada or a non resident?

 

[canadiangirl78]

If you apply as a nonresident you have to prove you'll move back to Canada with your spouse. But it sounds like you are a resident of Canada.

I'm applying as a nonresident. I haven't lived in Canada since I was 17.

 

[CharlieD10]

Thanks again Charile, it's really great ot get some advice on this from someone who has gone through the process.
One thing I didn't mention is that I am working while i'm in Australia. My contract started on September 15, 2011. It was supposed to finish on Januray 15th, 2012 but my wife and I decided to stay in Australia longer because we found out she is pregnant and we decided to stay and have the baby here. So I have extended my work contract until June 29th, 2012. The baby is due July 14th. 2012 and we plan to fly back to Canada to live on September 20th, 2012.
Does that change your opinion of where I should say I live for the application?
Thanks again.

Nope. You are not permanently established outside Canada, and you already have plans to return to Canada in the near future. Saying that you reside exclusively outside Canada places a burden of proof on you that is unnecessary. Had things not changed, you likely would have headed back to Canada by now, as your contract was up and you were under no obligation to extend it. At this time, your plans are STILL to return to where your mode of living is centralized, in Canada.

 

[bscheel]

Thank you so much for the reassurance Charlie, you've been a great help. We are currently compiling all evidence required to support our relationship and should have our package submitted by the end of the week. Fingers crossed.
Cheers.

 

[bscheel]

What do you mean filling out the application as a resident of Canada or a non resident of Canada? Is there a different form you have to fill out? I personally am filing from Mexico, I live here... but I'm a Canadian citizen. I wasn't aware of a different process being a resident of canada or a non resident?

Hi,
You would use the same forms but fill them out differently depending if you live in Canada or not. Such as IMM5440E question #11 - Are you currently living in Canada? and IMM1344E question #4 in the Sponsor Eligibility Assesment -Do you reside in Canada and no other country?
Depending on your answers you will need to provide evidence to show you are living in Canada or show you plan to move back to Canada.

 

[itscoezy]

Hi,
You would use the same forms but fill them out differently depending if you live in Canada or not. Such as IMM5440E question #11 - Are you currently living in Canada? and IMM1344E question #4 in the Sponsor Eligibility Assesment -Do you reside in Canada and no other country?
Depending on your answers you will need to provide evidence to show you are living in Canada or show you plan to move back to Canada.

Great thanks for clarifying