Landed vs. Resident Immigrant & Sponsorship


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imas325   
Member since: Feb 04
Posts: 3
Location:

Post ID: #PID Posted on: 25-02-04 22:47:42

Hello all,

I am currently in US (H1B) and I have applied for Can Imm in the independent category. Sent in the additional docs/RPRF/Medicals a couple of weeks back. Hope to get the PP request in due course.

I would like to sponsor my parents soon after I land. Do I need to be residing in Canada before I can do that or just landing and coming back to the US would also be sufficient. I do plan on moving permanently to Canada in the next year or 18 months. However I do not wish to wait that long b4 I sponsor my folks.

Any insights will be appreciated. Thanks



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 25-02-04 23:12:50

Quote:
Orginally posted by imas325
I would like to sponsor my parents soon after I land. Do I need to be residing in Canada before I can do that or just landing and coming back to the US would also be sufficient.


No, you cannot sponsor parents (or any relative) if you are not a bona fide Permanent Resident.
Simply getting your landing done and coming back to the US won't cut it.
More - you need to meet the LICO income criteria before you can sponsor.
So you have to have income and job *in Canada* - your funds earned in the US won't count.
Quote:

I do plan on moving permanently to Canada in the next year or 18 months. However I do not wish to wait that long b4 I sponsor my folks.


If you want to sponsor them, you have to be living in Canada.

Hope this helps.


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"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


imas325   
Member since: Feb 04
Posts: 3
Location:

Post ID: #PID Posted on: 26-02-04 00:17:57

Thanks for the feedback Practikm

How is a "Bonafide Resident Immigrant" defined?

Would it be possible to live in Canada and work in US (eg. Detroit-Widsor) and be able to sponsor parents.

Just trying to plan ahead.

Thanks



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 26-02-04 10:48:21

Quote:
Orginally posted by imas325
Thanks for the feedback Practikm

How is a "Bonafide Resident Immigrant" defined?

Would it be possible to live in Canada and work in US (eg. Detroit-Widsor) and be able to sponsor parents.



Yes, as long as you are primarily living in Canada, it is ok.
By bona fide resident, I meant someone whose center of life is in Canada.
Such as - having a home/apartment in Canada, kids in school in Canada, spouse in Canada, bank account, investments, utility bills and so on.
Stuff that a *resident* will have.

So you can commute to US daily and return in the evening and that is acceptable, I believe.

Hope this helps.


-----------------------------------------------------------------
"Mah deah, there is much more money to be made in the destruction of civilization than in building it up."

-- Rhett Butler in "Gone with the Wind"


Garvo Gujarati   
Member since: Nov 01
Posts: 3116
Location:

Post ID: #PID Posted on: 26-02-04 16:17:27

One more thing. If you want to sponcer your parents your annual income should be over 40,000 $ (depending on where you live, what is your family size etc.)

You must have earned that much money before you apply for your parents. This is possible only after about 6 months of stay in Canada if your annual salary is 80000

Job letter with $150,000 salary won't count :(


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A Proud Indian Canadian


imas325   
Member since: Feb 04
Posts: 3
Location:

Post ID: #PID Posted on: 26-02-04 17:35:03

Garvo,

But if I am working for the same company after landing in Canada does that $40000 rule (and I am nit sure if it is a rule) would still apply. Please comment.

I would like to keep working for the same employer whether I am commuting from Windsor or relocating to Toronto where they have a regional office. It would be a inter company transfer in that case.

Thanks



BlueLobster   
Member since: Oct 02
Posts: 3409
Location: Mississauga

Post ID: #PID Posted on: 26-02-04 17:51:24

If you look at the "Sponsor Document Checklist" for family class applications http://www.cic.gc.ca/english/pdf/kits/forms/IMM5287E.PDF, they ask for the following alongwith other supporting documents.

An original "OPTION C" printout of last year's taxes, and you have to obtain this by calling Revenue Canada. (This is basically a statement of your previous year's taxes)

I wonder if they'll let your application go forward without this, and you certainly can't provide this if you've just landed.

You may want to consult a lawyer for this, I have serious doubts whether you can land, sponsor and work in the U.S. like you're planning to, CIC'll probably want you in Canada for a while before they allow you to sponsor.

My two cents but again, I'm not a lawyer.


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