There are two types of spousal sponsorship applications for Canada -inland and overseas. Although many of the requirements are the same for both kinds of applications, there are also some distinct differences that are important to understand. Not everyone is eligible to submit an application from overseas, there are different legal tests that must be met, and different supporting evidence to include with the application for permanent resident status.
Canadian Citizens are eligible to submit a sponsorship application for their spouse or common law partner, and dependent children, while everyone is still living overseas. Canadian Permanent Residents are not eligible to submit an outside Canada sponsorship – PR’s need to be physically inside of Canada when the sponsorship application is submitted and while it is being processed.
One of the requirements for this type of application package - a sponsorship submitted when the sponsor is living outside of Canada - is the intention for the Canadian Citizen sponsor to return to live in Canada with their family once the application for Permanent Residence is approved.
Applicants must provide a plan with their permanent residence application that demonstrates their plans for returning to live in Canada permanently, as well as provide evidence of financial support that will make those plans possible. Visa posts frequently ask for an update to these plans when the family sponsorship application process is in it’s final stages of approval. If you are in fact planning to return to Canada, it is likely that you have already discussed plans with your partner, even informal ones. The challenge is simply to put those plans onto paper in the form of a letter of explanation, and then to include supporting evidence that demonstrates you are taking measurable steps towards implementing those plans.
In most instances, to demonstrate proof of intent to return to Canada as you sponsor your spouse, we recommend a letter of explanation that addresses as many of the following points as applicable. Once you have written your letter of intent, you then need to compile a package of supporting evidence for each point, as applicable. Typically you need to show where you plan to live, how you plan to support your basic needs until you can find employment in Canada, and how you will wrap up your affairs in the country where you are currently living.
It’s a good idea to address all applicable items in point form, to keep your submission brief but complete. Canadian immigration officers are bombarded with words all day long – it is a good idea to ensure that you are not bombarding them with unnecessary words in long winded explanations.
Once you have formulated a written plan of your intention to Return to Canada, then compile any evidence you have to support your plan. Some suggested evidence could include:
There is no specific formula for success with proving the intent to return to Canada when making a
spousal sponsorship application. Each family’s situation will be different, and therefore the intended plans and supporting evidence will be unique for each family. The critical elements for success are that you demonstrate you do intend to return to Canada within a reasonable timeframe once your spouse receives permanent resident status, and that you provide sufficient evidence to show that your plan is well thought out and reasonable.
The Way Immigration has been helping families return to Canada since 2008. Our family sponsorship approval rate is 100% over several thousand applications. If you are feeling overwhelmed by the process of preparing your sponsorship application, reach out to us. We guarantee that you will feel a whole lot better within the first few minutes of a meeting with one of our team members.
Frances Murry Wipf, Maria Georgina Rico Espinosa, Diane Monaghan & Mona Bakhtiari are members of the College of Immigration & Citizenship Consultants
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