MillieF

We are just presently reveiwing the documents to send to the Canadian Embassy in Paris.

We are planning to visit Canada in June, and hopefully buy a property, as we are presently selling our home in London, and should, with luck have enough to buy a property. If the Canadian Government will let my husband sponsor me, our son and my husband and I will sell our home in France and move permenently to Canada in the late autumn, if all our paperwork is approved. The problem is I don't want to sell our home in France, if Canada won't let me join my husband. Can we just state that on the forms?

Novocastrian

I don't understand why your ownership or non-ownership of a house in France would have any relevance to the sponsorship process.

In any case, as I'm sure you know, it typically takes years to sell in france at the moment.

helcat12

The Canadian Government will not give a hoot about your domestic or property affairs!
If they approve your sponsorship, when and how you organise your affairs to actually get over there (within the prescribed conditions of spousal sponsorship, of course) is up to you.
Sounds as if you will have to apply and wait to see what they say before selling your French house, if you don't want to risk it.

MillieF

Gee thanks - I know the state of the French property market - also the British and Canadian. I was asking for a bit of advice. No, I don't want to sell my home, move my kid from his school, and then find that the Canadian Government won't approve my permanent residency for Canada, quelle surprise!

I was merely enquiring about Question 20 of the supporting documentation. I may not have made this clear, my apologies.

christmasoompa

But if you're buying a property in June, then that will document your intention to move surely? I don't see what relevance your French property has, if it won't impact on your planned purchase in Canada.

Most people don't even buy a property before moving to Canada, for proof that they intend to move back they use things like a rental property search, job applications, letters from friends/family etc.

HTH, good luck.

helcat12

No need to be so prickly! - I didn't mean to come across as rude. It is just a fact that those things relating to your French property just aren't of any concern to Immigration, as christmasoompa says, so you don't need to think about them for the sponsorship.
I completely understand you not wanting to burn your bridges until it is a done deal, as I am also staying put in our lovely home while my OH works in Canada until our PR is certain for similar reasons.

christmasoompa

I think (although may have misunderstood completely) that Millie was asking about the property because for a spousal sponsorship case you have to prove the Canadian citizen is intending to move back to Canada if they are not already there.

But hopefully the French property won't impact that if they've already bought a home in Canada.

helcat12

I got that, but then I also thought she implied that the sale of the London property would cover the purchase in Canada and the French one would not be needed to fund it?

christmasoompa

Yep, I thought so too. Think we've both basically said the same thing, but my poor brain is just confused beyond belief now!

helcat12

Siouxie

According to http://www.cic.gc.ca/english/resourc...p/ip02-eng.pdf section 13:2 it states:

13.2. Residency requirements for sponsors

In assessing residency requirements for sponsorship purposes the IRB Appeal Division ruled that a sponsor must maintain a significant connection to Canada.

Officers should consider whether the prospective sponsor:

• maintains a residence in Canada
• has spouse and/or children resident in Canada;
• has assets in Canada;
• pays Canadian income tax on global income;
• visits Canada regularly;
• maintains investments, bank accounts, health insurance or club memberships in Canada.

Sponsors may be found ineligible to sponsor if:

• they maintain residences in two countries at the same time;
• they have a house in Canada, but work abroad;
• they have interrupted their residence in Canada or spend little time in Canada.

Foreign stamps or post marks on the envelope, a foreign employer or the sponsor’s non-Canadian address are indications the sponsor may not be residing in Canada;

• there is evidence that they will leave Canada soon after the sponsored applicant becomes a permanent resident. Sponsors must satisfy an officer they will continue to reside in Canada after the member of the family class becomes a permanent resident;
• sponsors are not ineligible if they take short holidays or business trips outside Canada.

Note: For more information on IRB appeal division ruling see Athwal v. Canada (Minister of Citizenship and Immigration) (1998).

13.3. Sponsorship by Canadian citizens living abroad

The following applies to Canadian citizens living abroad:

• Canadian citizens who reside abroad may sponsor only their spouse, common-law partner, conjugal partner or a dependent child who does not have dependent children of their own;
• they must submit their sponsorship application package and fees to the CPC-M in Canada and not to the visa office;
• Canadian citizens who are tourists in a foreign country, even for extended periods, are still residents of Canada;
• Canadian citizens who are long-term workers or students in another country are generally considered residents of that country;
• Canadians who have spent little or no time in Canada may also seek to sponsor. If they have never worked in Canada and do not have the educational or language skills to find employment in Canada, refusal under A39 may be appropriate if arrangements for the care and support of the sponsored person are not satisfactory;

• sponsors must provide evidence that they will reside in Canada after the sponsored persons and their family members become permanent residents.

Evidence that sponsors will reside in Canada may include one or more of the following:

• letter from an employer;
• letter of acceptance to a Canadian educational institution;
• proof of having rented/bought a dwelling in Canada;
• reasonable plans for re-establishing in Canada or severing ties to the other country.

I don't know whether they impliment the "two residences" part or not, but it is something to be considered as to whether they will consider retaining two residences as severing ties to the other country.

Is the house in France is a holiday home? If so and you would be selling your London home (main residence) I would have thought the France house would not be significant. If the house in France is your main residence then proof of intent to sell (confirmation of agreement with realtor or similar) would be sufficient I would have thought.

Overall, showing your husband's intent to re-establish himself in Canada is the most important factor.

If your son is your husband's biological child then he is already a Canadian Citizen and will not require sponsorship. You should apply for his confirmation of Canadian Citizenship and a Canadian Passport as soon as possible.

Jim Humphries

Here I think the sponsor is a Canadian so those rules do not apply because a Canadian sponsor may well be out of Canada throughout the process. This sponsor should have a settlement plan for their removal to Canada - one that makes sense.