family class sponsorship

Canada Immigration Forum (discussion group)

Subject: family class sponsorship
  i heard that i can not sponsor a child while i am outside the country. i am wondering if i can travel ouside canada for two weeks if this is going to affect my sponsorship. how do cic would know that i left for a few weeks. i wanna to know if you have to saty in canada without going on vacation into an other place until the sponsorship is finalized
(in reply to: family class sponsorship)
If you are a PR, you cannot sponsor from outside Canada. If you are a Canadian citizen, you can sponsor from outside/abroad but must provide evidence of your intention to re-establish in Canada. Read the CIC policy manuals and other literature to gain more insights and answers for your questions.

Family Class Sponsorship by Thai Permanent Resident (in reply to: family class sponsorship)
Is there no distinction whatsoever between just visiting elsewhere, and being resident in Canada? In other words, is the term ´resident´ in Canada supposed to be synonymous with ´being present´ in Canada?

My Thai wife came to Canada on May 10/2006. We sent off a Visa application package to Mississauga on April 18/2007 to try and get her two sons (aged nine and 12) Visas to come to Canada, too. At the time, I did not understand that she should be the Sponsor; because she was herself being sponsored by me, I didn´t think it was possible for her to also be sponsoring anyone. So I made myself the Sponsor.

Meanwhile, we got news that same week that her mother had fallen in the house and cracked her skull, and was lying in a hospital bed. The mother is the sole adult in the family home where my wife´s two children live. This event, coupled with the convenience of being in Thailand to bring her two sons here to Canada when Visas were granted, sent my wife off on a return visit for the first time since she had come to Canada nearly a year before. She left the late night/early morning of April 20/21 this past Spring, the two of us naively believing that she might well be back here with her two sons in possibly two months.

About a month after I had sent away the Visa application package, I found it back in my mailbox. It was pointed out that only my wife could Sponsor her sons. So I had to re-do the application paperwork, and wait for the signature pages that my wife signed and mailed to me. By the time I was ready to mail off this second package to Mississauga, it was exactly two months to the day after the first one had been sent to them.

Meantime, my wife had to re-schedule her flight back to Canada due to these delays.

Almost another month went by, and then on July 16 this very week, correspondence arrived from Mississauga stating that the requirements had all been met for the granting of Visas...except for one -- my wife was declared ineligible for sponsorship because she was not resident in Canada. However, they said that the package was sent off to Singapore regardless for them to make the final determination.

So I E-mailed Singapore to explain our situation. I had previously been in contact with someone there, so I addressed her in the E-mail, which I´ll quote here:

"Hi, L....

"I should have listened to you when you suggested that Supranne needed to be the Sponsor for her two sons, and that I could not. We lost two months because of having to re-submit the Visa application package for them. In fact, it was June 18 when I sent it out again -- exactly two months to the day after I sent the first package off to Mississauga.

"We never expected that her visit back home in Thailand would be this long. She has had to re-schedule her return flight once already -- and yes, she does have a return flight ticket.

"However, yesterday I received correspondence from Mississauga. They admitted that we had met the minimum requirements to be deemed able to support her two sons here in Canada. But it seems almost as if they´re determined to make the phrase "family reunification" nothing more than that -- just a phrase. They now say that because Supranee is not residing in Canada, she is therefore ineligible to be a Sponsor.

"Mississauga also said in their letter that they had forwarded the application package to Singapore. But even so, they further said that in view of the fact that they have declared her to be ineligible as a Sponsor, they saw little chance of a change of outcome for us.

"We never intended for her to be away as long as this has been taking. She did not go back to Thailand to take up residence -- she went back solely to be able to bring her sons here to what we thought was going to be our Canadian home. And now it´s looking as if Supranee is going to be having to come back here without the boys. She says she can´t imagine how she´ll be able to say good-bye to them and do this -- leave them there again for what, another year?

"Is there nothing at all she can now do? The reason she left to go to Thailand just a couple of days after we mailed off the first application package in April was because her mother had suffered a bad fall early in that week and was hospitalized with a cracked skull. Supranee had intended not to go to Thailand until later in the year -- maybe June. But this event conspired to send her away earlier.

"I say again, she did not go back to take up residence. Her return ticket is still good; and as I also previously said, she has re-scheduled that return to Canada once already due to the continuing Visa processing delays. She is only visiting Thailand, and it is a visit taking much longer than we have ever wanted.

"I can perhaps see why we needed to re-do the application paperwork to make her the Sponsor, even though nothing else was any different -- all of the personal information was identical to before. Only the roles were reversed -- I was now Co-Signer, and she was Sponsor. Everything else remained the same.

"But for her to now be deemed to be a resident of Thailand instead of just a visitor, simply because of how long these obstacles have been keeping her there, seems just about unconscionable. We never meant for her to be away so long. We thought we might be lucky and it would likely be for only a couple of months, at worst.

"If Supranee´s mother had not had her accident, as I already stated above, Supranee would not have gone back to Thailand on this visit until mid-year. And now all of our efforts are to be brought to nothing? These months -- and the whole application process -- are to be thrown out?

"Have you any advice that could possibly help our situation, L...?

"If there is to be absolutely no flexibility in this whole matter on her status, then how long before the poor girl can try to re-apply to bring her two sons here?

"Or is she to be deemed ineligible to Sponsor for life now?

"Thanks -- for whatever you may be able to do or offer.

"And I apologize for being so repetitive. Obviously the bewilderment Supranee and I are feeling is not at all easy to hide."

I received a response from Singapore as follows:

"We have received the sponsorships only today. Ms. .... has left the post and the applications will be examined by another officer in due course. We have added your comments below to the files. Our file references are .......... and ........... Please do not make any further representations until we have been given a chance to examine these files. If you have not heard from us in eight weeks, please feel free to contact this address again."

Well, if this runs the course and it does take eight weeks, my wife will have to wait almost two more months before we know if this is utterly futile and she should have just come home to Canada now. But if there is a remote chance that we might meet with some element of sympathy and this may yet fall out in our favour, then waiting would be worthwhile.

I see that this is an almost excruciatingly long enquiry, but I wanted all conditions of the situation known. So in view of them, is there any sense whatsoever that a possiblity may exist of a favourable outcome for us? Or would you say that this is a hopelessly dead issue and we need to give it all up?

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