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Old 10-12-2003, 08:11 PM   #3 (permalink)
Adam
 
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Default Re: Canadian citizen & outside spousal sponsorship

Q 1. Is it OK for a Canadian Citizen sponsor (husband) to stay outside
Canada with his foreign national wife (sponsored person) & Canadian
baby daughter while her wife's PR application is in process?

Q 2. If yes, how long can the sponsor stay outside Canada?

When I applied for sponsorship of my wife (under old Immigration Act),
at that time I was residing in Canada and still not exclusively
residing outside Canada.

Thanks for any inputs.

(Adam) wrote in message news:<>...
    > Is it possible for a Canadian sponsor (husband) to stay outside Canada
    > with his foreign national wife (sponsored person) while her PR
    > application is in process? If yes, how often and for how long can a
    > sponsor visit?
    >
    > I am a Canadian citizen and sponsored my wife under the old
    > sponsorship act (not the joint application kit). My sponsorship
    > application was approved last year and then I joined my wife out side
    > Canada. My wife PR application is still under process and we disclosed
    > truthfully that the Canadian sponsor is visiting/currently living with
    > his foreign national wife and Canadian baby daughter (outside Canada)
    > for extended period.
    >
    > I am aware, a Canadian citizen can sponsor his or her spouse outside
    > Canada if the sponsor is exclusively residing out side Canada and with
    > the intention to return to Canada before or along-with his or her
    > spouse. My case is little bit different; I was residing in Canada
    > while I applied for sponsorship application and soon after that I
    > moved out and since then I am living with my wife. Although I am not
    > living in Canada but I think I am not exclusively residing outside
    > Canada either. The reason, I didn't break my ties to Canada i.e. still
    > using Canadian credit cards, maintaining substantial amounts in
    > Canadian banks, investments in Canada, driving licence, health card,
    > paying rent to my house, paying storage charges to my car, a sole
    > proprietorship business, still have a return ticket to Canada, family
    > ties (sibling) etc. etc. I am a factual Canadian resident as far as
    > the CCRA is concerned. On the other hand, I don't have any ties here
    > (outside Canada) except my wife and Canadian daughter are here until
    > my wife gets her PR visa.
    >
    > Now the visa officer asked my wife to submit couple of documents e.g.
    > updated police clearance certificate and IMM 5540 (Sponsor
    > Questionnaire). I am wondering whether we should only submit IMM 5540
    > or we should also include my affidavit (along with proofs) for
    > intention of return to Canada with my wife if her application is
    > approved.
    >
    > What do you think, why the visa officer asked us to send the IMM 5540?
    > This questionnaire was not required nor the part of the old
    > sponsorship application kit when I submitted my sponsorship
    > application to CPC Mississauga.
    >
    > We sent all sort of proofs of bona fide relationship along with PR
    > application including proof of upfront medical examination (because we
    > submitted the PR application after February 2003). So far, the visa
    > officer didn't ask for interview nor he or she sent an interview
    > wavier letter.
    >
    > Thanks.