Stuck and need help

Canada Immigration Forum (discussion group)


 
visaplace.com            
Subject: Stuck and need help
  Hi,

I am a Canadian Citizen. My wife of 10 yrs and I are currently living in the US, both she and I are legal residents. We submitted her permanent resident application about 6 months ago. They approved my sponsorship application.

Just today, the Canadian IMM office is asking for proof that I live inside Canada. Do I have to live inside Canada to sponsor my wife application? Can I ask to waive such requirement? We have every intention to cut tie to the US and move to Canada once her VISA is finalized. We just don´t want to be separated, not to mention maintain 2 residents.


Thanks,

S.ink

[10-12-2012,23:26]
[***.77.87.49]
Sirius Inkheart
(in reply to: Stuck and need help)
Well the questions abound.

Have you been paying Canadian Income Taxes even if living and working in the States? You have to submit an Option "C" with your application and as a Canadian it is against the Law to not file Income Tax.

Proving the intention is key to this application.

Sure looks like a refusal is around the corner.

Roy
cvimmigration.com

[11-12-2012,07:11]
[***.113.87.90]
Roy
(in reply to: Stuck and need help)
No - you don´t have to be living in Canada to sponsor a spouse. This rule only applies to those with PR status. As a Canadian you can be living outside of Canada and still have an application approved.

However if you are living outside of the country, you must include proof in your application demonstrating that you will re-locate to Canada once your wife´s PR status is approved. Did you include any such proof? If no - then that´s very likely your problem.

You need to respond and let CIC know you are living outside of Canada and also provide them with proof that demonstrates you will relocate to Canada as soon as your wife´s PR status is approved.

Roy - You actually don´t have to file Canadian income tax if you are no longer deemed a "resident" of Canada. If you are American, you must file taxes regardless of where you´re living. Canada has different income tax rules and allows people to stop filing depending on their resident status. The option C is not the deal-breaker here. Plenty of sponsors are approved without having an option C or filing Canadian income tax. The issue is proving intent to return to Canada.

[11-12-2012,07:22]
[**.93.70.10]
Anonymous
(in reply to: Stuck and need help)
S.ink

You can believe Anonymous if you want but also read IRPA 39

A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.

All Canadian´s MUST submit income tax - it is the Law.

Option C is a required document trying proving a marriage without a marriage certificate or with no photos or incomplete forms.

You have to show that you have a clear intent to return and waiting for ever to return is what has caused the problem.

Roy
cvimmigration.com

[11-12-2012,12:42]
[**.229.22.124]
Roy
(in reply to: Stuck and need help)
Roy - believe what you want to believe.

However I have two friends (Canadian citizens) who were recently successful (one very recently) in sponsoring their spouses without Options Cs. Both were living overseas and had no Canadian income. They provided proof of their income through other means. Both applications were processed within a matter of months with no requests for additional information or interviews required. Both did however provide extensive proof of their plans to reestablish themselves in Canada once the PR visa was approved.

Excluding the Option C does not guarantee a refusal.

[11-12-2012,13:38]
[***.205.241.253]
Anonymous
(in reply to: Stuck and need help)
Showing no plans for the future by not returning is a valid reason for refusal, read the act.

I´ll raise your two friends and show five refusals based on no evidence to return or section 16 of the Act.

16. (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

Roy
cvimmigration.com

[12-12-2012,06:01]
[***.113.87.90]
Roy
(in reply to: Stuck and need help)
No, I did not pay any Canadian tax for the last 10 yrs (legally). They are not asking me for that, I already got my sponsorship approved. They are asking me to provide ´proof of intention to return to Canada´. How to proof one´s intention? They are not providing me with any information at all.
[12-12-2012,14:53]
[***.77.87.49]
Sirius Inkheart
(in reply to: Stuck and need help)
Proof of intention to return:

- property owned in Canada
- assets held in Canada
- proof of job offer in Canada
- proof of job search in Canada
- proof of rental agreement in Canada
- proof of school enrollment in Canada

Effectively anything that shows you either already have concrete ties to Canada or you have started the process of reestablishing yourself in Canada. If you haven´t started the process of reestablishing yourself in Canada, then provide a write up of what research you´ve done, plans you´ve made, etc. with regards to your move to Canada.

[12-12-2012,16:45]
[***.205.241.253]
Anonymous
(in reply to: Stuck and need help)
Just to add...

You could also provide proof that shows you are starting to cut ties with the US. Have you sold any US properties in preparation? Notified your employer? Etc.

[12-12-2012,16:46]
[***.205.241.253]
Anonymous
(in reply to: Stuck and need help)
Thanks, Anonymous, those information is very helpful.
[12-12-2012,18:07]
[***.77.87.49]
Sirius Inkheart
(in reply to: Stuck and need help)
Two choices.

Stay in the US until you receive your spouses refusal or come home now.

Roy
cvimmigration.com

[13-12-2012,07:41]
[***.113.87.90]
Roy