Will it be refused if the sponsor stays in spouse's country for 2-3 months ?

[gango girl]

Hi everybody,

my husband is a Canadian citizen & now he has come down to visit me & i have a small child. so now my husband is here for 2 months for tomorrow. he cant leave my child as he is worrying his dada to not to go. so, we suppose to postpone the travel date to another month & cant confirm a date till September. so,
Plzz tell me if anybody knows, whether they'll refuse my application, if my husband is staying here for that long. I have already has informed them(2-3 months ago) that my child was taken to a psychiatric as he was having a naughty behavior & doctor advised me to make an arrangements to meet his dada & live with him. so, VO knows that too. because it was in the caips notes after i sent the letter mentioned about that & sent the letters given by the psychiatric.
so what is your suggestions? plzz reply soon as many of here have experiences about the visa issues
thnx

 

[canuck_in_uk]

He can be out of the country throughout the entire process, as he is a citizen. However, he needs to be able to show that he intends to return to Canada.

 

[gango girl]

He can be out of the country throughout the entire process, as he is a citizen. However, he needs to be able to show that he intends to return to Canada.

Hi canuck
thnx for the reply but how you mean that he should show that he intends to return to canada
he was living in canada & came to visit me & waiting as my small child is getting sick when he leaves. another thing is he has some family weddings as well. then he'll leave back.
this is the last period of my visa process too. i've seen some of the people were refused when they came to the applicant's country when they have the interviews & if the VO got to know the sponsor is in the applicant's country. but i dont know whether its for the PR sponsors. but my husband is a citizen. sorry for worrying you but reply me if you can plzzzzz
& thnx for responding to my post

 

[frege]

Hi canuck
thnx for the reply but how you mean that he should show that he intends to return to canada
he was living in canada & came to visit me & waiting as my small child is getting sick when he leaves. another thing is he has some family weddings as well. then he'll leave back.
this is the last period of my visa process too. i've seen some of the people were refused when they came to the applicant's country when they have the interviews & if the VO got to know the sponsor is in the applicant's country. but i dont know whether its for the PR sponsors. but my husband is a citizen. sorry for worrying you but reply me if you can plzzzzz
& thnx for responding to my post

Citizens are allowed to live outside Canada during the application process, but not permanent residents.

However, both members of the couple need to intend to live together in Canada after the applicant receives permanent residence.

 

[gango girl]

Citizens are allowed to live outside Canada during the application process, but not permanent residents.

However, both members of the couple need to intend to live together in Canada after the applicant receives permanent residence.

ok thnk you frege....
does he need to show his earnings while he stays in the applicant's country?
he pays his taxes in every year on time.... & doesnt get even a cent from any social assistance too and also he works while he is in canada. he is self employing. reply me if theres anything more plzzz
thnx again

 

[frege]

ok thnk you frege....
does he need to show his earnings while he stays in the applicant's country?
he pays his taxes in every year on time.... & doesnt get even a cent from any social assistance too and also he works while he is in canada. he is self employing. reply me if theres anything more plzzz
thnx again

If the visa office believes that the two of you will be able to support yourselves without welfare once you're in Canada, then you'll be okay.

CIC will compare the income he declares in the forms with what he's declared to the tax authorities. Sometimes if CIC thinks self-employment income has been exaggerated, they'll ask for proof, such as invoices, etc. But this is more common for sponsors with a minimum income requirement. In spousal cases, there is none.

 

[gango girl]

If the visa office believes that the two of you will be able to support yourselves without welfare once you're in Canada, then you'll be okay.

CIC will compare the income he declares in the forms with what he's declared to the tax authorities. Sometimes if CIC thinks self-employment income has been exaggerated, they'll ask for proof, such as invoices, etc. But this is more common for sponsors with a minimum income requirement. In spousal cases, there is none.

thnk you very much dear......
if theres something more plzzz let me know
thnx

 

[fandv]

Citizens are allowed to live outside Canada during the application process, but not permanent residents.

However, both members of the couple need to intend to live together in Canada after the applicant receives permanent residence.

I'm a little confused about the above rule......so a Canadian (citizen) sponsor can stay outside of Canada during the process, but has to show intend of returning to Canada when the PR is granted to the sponsored spouse...

But then according to this:

http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA

a permanent resident's time that's spent outside Canada is considered to satisfy the residency requirements, provided that it's to accompany a Canadian citizen spouse.....

So isn't there a contradiction? During the process the Canadian citizen can be outside of Canada but has to show intent to return to Canada when the sponsored spouse gets the PR, YET the PR, if residing abroad, is considered as if he/she was living in Canada, as long as it's to accompany the Canadian citizen spouse...

 

[Sweden]

it's not a contradiction - it's just one rule following the other... so : a Canadian citizen can stay outside of Canada when sponsoring his/her spouse. But the couple has to show intent of going back to Canada to land... and most people do. However, plans can change. And... it can happen that the Canadian, after coming back to Canada, needs to go abroad again. There is no reason to prevent him/her to do so! having a PR partner doesn't mean that the sponsor can not leave Canada ever... so in that case, if the Canadian goes abroad, and the spouse follows, the spouse will meet the PR requirements as long as the couple stays together.

That's why Canadian sponsors need to show that they do intend to come back to Canada and live in Canada. However, most plans are not set in stone, and the law tries to give some flexibility. Same for PRs - the only difference is that for a PR to maintain the status, he/she has to be sent abroad by the Canadian government or a Canadian Company.

Sweden

 

[gango girl]

thnk you fandv & sweden for the comments
but my husband is going to stay for 23 months only. & also he is having an address & the contact number still in canada. so, i think pr should have to complete there requirement of living in canada for 730 days within 5 years. i've seen this in some posts that they were refused as they were not in the country when the time the sponsored person were granted the PR visa
so i think as my husband was living in canada for 25 yrs & was living without even a cent from social assistance, earning by self employment, it'll be no problem
but according to the above comments, i'm confused that how he should show of intend to go back to canada
plzzzz clear this up
thnx again

 

[Sweden]

you should be fine.

For PR: there are 2 different things to consider: first, they need to be in the country 2 years out of 5 to maintain their residency. AND if they want to sponsor their partner, they need to be in Canada for the duration of the application. These are 2 separate rules, and they do not apply to you. ( if a PR has spend 2 years already in Canada, he can travel out of Canada, no worries, BUT he can not sponsor his family while being out. He needs to wait until he comes back to Canada then spend the application).

For citizens: they can be in Canada, or outside of Canada, when they sponsor their family. If they are in Canada, nothing special is required ( proof of income etc, the normal application). For sponsors that are permanently living outside of Canada, then they need to prove that they want to come back to Canada once the PR for their spouse is approved. The rule is there to prevent Canadian citizens sponsoring their partners but staying outside of Canada, and having no intention of going to Canada.

In your case, it's no problem. Your husband is a citizen, so he could be in Canada when he sponsors you, or outside. Both are legal. Because he is out of Canada for only a short time ( 2 to 3 months), he doesn't need to prove that he intends to come back to Canada : it's obvious that his life is in Canada : probably a job, a house, bank account, etc. He is just taking advantage of being a citizen and spending time with you and the child, that needs him. It's a good thing, and there is really nothing to worry about. You can inform the VO about it, as it will serve as a proof that your relationship is genuine, and that your husband is spending time with his family as much as he can. If he has been approved as a sponsor already (which I assume is the case), then they already believe that he will stay in Canada once his family gets a PR.

Good luck,
Sweden

 

[gango girl]

you should be fine.

For PR: there are 2 different things to consider: first, they need to be in the country 2 years out of 5 to maintain their residency. AND if they want to sponsor their partner, they need to be in Canada for the duration of the application. These are 2 separate rules, and they do not apply to you. ( if a PR has spend 2 years already in Canada, he can travel out of Canada, no worries, BUT he can not sponsor his family while being out. He needs to wait until he comes back to Canada then spend the application).

For citizens: they can be in Canada, or outside of Canada, when they sponsor their family. If they are in Canada, nothing special is required ( proof of income etc, the normal application). For sponsors that are permanently living outside of Canada, then they need to prove that they want to come back to Canada once the PR for their spouse is approved. The rule is there to prevent Canadian citizens sponsoring their partners but staying outside of Canada, and having no intention of going to Canada.

In your case, it's no problem. Your husband is a citizen, so he could be in Canada when he sponsors you, or outside. Both are legal. Because he is out of Canada for only a short time ( 2 to 3 months), he doesn't need to prove that he intends to come back to Canada : it's obvious that his life is in Canada : probably a job, a house, bank account, etc. He is just taking advantage of being a citizen and spending time with you and the child, that needs him. It's a good thing, and there is really nothing to worry about. You can inform the VO about it, as it will serve as a proof that your relationship is genuine, and that your husband is spending time with his family as much as he can. If he has been approved as a sponsor already (which I assume is the case), then they already believe that he will stay in Canada once his family gets a PR.

Good luck,
Sweden

thnk you very much dear sweden
its soo clear. our sponsorship is already approved & we are in the last period of our visa process. so i think we dont need to be worried about thnk god....
its nice to hear that too
thnx again everybody who commented on my question & good luck to everybody who is waiting for their visa .......
;D 8) :-*