Spousal Sponsorships where the Sponsor Does not Live in Canada

Meurrens LawFamily Class (Spousal Sponsorships, Parents & Grandparents)

Section 133(2) of the Immigration and Refugee Protection Regulations (the “Regulations”) provides that: A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes [an application to sponsor a member of the Family Class] and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident. (Emphasis Added) Immigration, Refugees and Citizenship Canada (“IRCC“) may scrutinize in some detail the sponsor’s intention to actually reside in Canada with their spouse, or to simply get the principal applicant permanent resident status without actually immigrating to Canada. Permanent residents may not sponsor from outside Canada under any circumstances. Questions The Embassy of Canada in the United Arab Emirates previously asked applicants to complete a Residency Questionnaire for their sponsors if they reside outside of Canada.  These questions can serve as a useful guide to anyone submitting a family class application where s. 133(2) of the Regulations applies. Is your sponsor currently a Canadian citizen or a Permanent Resident?  Is your sponsor currently in Canada? If yes, then how long has the sponsor been physically residing … Read More

The Residency Test for Citizenship

Meurrens LawCitizenship Applications and Revocations

Confusion exists regarding what the residency test for citizenship is. Bill C-37 provides that someone must be physically present in Canada for three out of the four years before applying for citizenship. However, this Bill is not yet in force. The Koo test therefore still applies.