Proving intent to return? |
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spun
New Member Joined: 09 Feb 2010 Status: Offline Points: 7 |
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Posted: 07 Mar 2010 at 6:32pm |
My Canadian hubby lives here in the UK with me (I'm a Brit). We will be applying for Canadian PR for me while still living here and my hubby will be applying to sponsor me. Does anyone know specifically what evidence we are meant to provide to prove my husband's intention to move back?
He works from home here, at a job that he will be able to do while living in Canada (since all he needs is a computer and internet connection). We will be staying with his parents when we first arrive in Canada, while we get ourselves settled and find a house to rent. How will it be possible for us to prove his intention to move back? We just don't have the money to buy plane tickets / rent an apartment etc. with us not knowing how long the application process would take. Any ideas? Thanks in advance! |
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redeagle
Top Member Joined: 03 Dec 2009 Location: Gibsons, BC Status: Offline Points: 1178 |
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It is a difficult question to give a specific answer to, but he needs to prove his intention to return by such as a leeter from an employer ensuring of employment on his return, a lease on an apartment, etc. Anything that proves he has every intension of relocating and settling in Canada.
However as a Brit, you could come over once you are set and ready as a visitor, with 6 months stay and implied status upon applying for an extension. In doing so you could file the application outland from Canada and it would make your lives a whole lot easier. |
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"Will this matter a year from now?"
Probably, this is gonna be a one hell of a long journey. |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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First, it is worth remembering that the burden of proof is on the sponsor and the applicant.
Just to be sure we're on the same page, the guide provides:
What this glosses over is that overall the application to sponsor needs to at least suggest that the sponsor will have the capacity to meet the obligations of sponsorship (provide basic support) -- no minimum income requirement is imposed, but if an application on its face fails to offer evidence that the sponsor is capable of supporting the couple, this could cause problems. Short of having something fairly solid as to the first three items listed (offer of employment, letter of acceptance to a school, and arrangements for a place to live), it is best to clearly and persuasively set forth concrete plans for re-establishing in Canada; I suppose this could be largely a narrative type response so long as it makes reference to specific details (where you are going to live, how you are going to support yourselves, and such, with enough detail to show these are real and reasonable plans). It is my impression that different visa offices have different standards relative to this, that is, that some may demand more persuasive, definitive evidence than others. Then there is the alternative presented by redeagle. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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redeagle
Top Member Joined: 03 Dec 2009 Location: Gibsons, BC Status: Offline Points: 1178 |
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Yeah that answers everything we needed to know lol. I wonder what qualifications you need to be a cyber idiot/ |
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"Will this matter a year from now?"
Probably, this is gonna be a one hell of a long journey. |
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spun
New Member Joined: 09 Feb 2010 Status: Offline Points: 7 |
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Thank you for your replies. Applying outland from within Canada frightens me a bit, in case the extension application is refused (I spent a lot of time in Canada in the past, and was granted an extension to my tourist visa once on the grounds that I'd be applying for PR - only I changed my mind about PR because hubby wanted to experience life in the UK - and I'd be afraid that would jeopardise my chances of a second extension for the same reason?). If I ended up back in the UK with my hubby, cats, everything in Canada it would be a disaster... we have been through that way too many times.
Thanks though, this does give me something to think about! |
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redeagle
Top Member Joined: 03 Dec 2009 Location: Gibsons, BC Status: Offline Points: 1178 |
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Just remember, as an outland app is quicker, you may not even need that extesion. People see the outland app from inside Canada as a contradiction, but it is your right, and not something which you can legaly be refused for.
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"Will this matter a year from now?"
Probably, this is gonna be a one hell of a long journey. |
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spun
New Member Joined: 09 Feb 2010 Status: Offline Points: 7 |
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Thank you. That is reassuring - and I would really hope we wouldn't need the extension if we went for that option.
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whoopi83
New Member Joined: 01 Dec 2009 Location: BC Status: Offline Points: 17 |
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Hi Spun -
We applied via London last year (common law) in much the same situation. The Canadian was living in the UK for the past 6 years. We just included a letter stating what the intention was along with a letter from the Canadian parents which stated we would be living there whilst establishing ourselves and getting jobs. If your husband's job is portable, mention that and ask his parents to write a short note saying that you will both be living with them initially.
I know this process is daunting but don't get bogged down with the myriad of things you think you have to include. We simply answered all the questions attaching evidence and further info where requested. Most of all, allow yourselves to BE yourselves and your genuineness will come through. I personally think it's what the application conveys to an officer rather than the amount of 'stuff' you send - keep it simple and factual and allow yourself to use regular language without feeling you need to present the whole package as an intellectually stimulating gift! Make sure its easily readable and the items/evidence you send are enough but not overkill.
Ours went through quite fast. Approval at CPC-M in 30 days, then two months to get to London.... then only 9 days to begin processing and request passport from PR applicant. Began process in August 2009 and landed December 24th 2009.
Good luck!
PS. We also had put the house up for sale and included a copy of the sale details - probably no point but again, we fretted and included it anyway.
PPS. This info is an observation from my own application and it relates only to the London office where the PR applicant is a UK born citizen. The process will differ through the London office where the UK citizen has been the citizen of another country or if the UK citizen has resided outside of the UK (security checks appear to slow things down) or if the UK citizen has served in the armed forces or intelligence agencies etc.
Edited by whoopi83 - 10 Mar 2010 at 9:15am |
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Applied via London 12 Aug 2009.
Landed 23 Dec 2009. ALL DONE! |
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spun
New Member Joined: 09 Feb 2010 Status: Offline Points: 7 |
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Congrats! Thank you for your response, it's very helpful to hear from someone who has taken the same path we're going to take. I will definitely bear your comments in mind :)
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