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Old 10-09-2003, 08:59 PM   #1 (permalink)
Adam
 
Posts: 68
Default Canadian citizen & outside spousal sponsorship

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.
  Reply With Quote

Old 10-12-2003, 08:01 PM   #2 (permalink)
Adam
 
Posts: 68
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.
  Reply With Quote
Old 10-12-2003, 08:11 PM   #3 (permalink)
Adam
 
Posts: 68
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.
  Reply With Quote
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