My husband’s friend who is a Canadian citizen has been living in Thailand for several years now. He got married in Thailand and now wants to sponsor his spouse. He has lived abroad for many years where he operates a small business and has infrequently visited Canada. His question is: can he sponsor his spouse even if he lives outside Canada?
Section 130 (2) of the Immigration and Refugee Protection Regulations (IRPR) allows Canadian citizens living abroad to sponsor a foreign national as member of the family on the condition that when the foreign national becomes a permanent resident, the sponsor will also reside in Canada. Based on the above provision, the answer is YES.
The provision specifically states:
130 (2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) 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.
The goal of the above provision is: First, by allowing a Canadian citizen living abroad to sponsor their spouse in becoming a permanent resident, the section aims to satisfy the IRPA’s objective of family reunification.
Second, by requiring that the sponsor resides in Canada when the foreign national becomes a permanent resident, the section aims to “avoid sponsorships which would be a form of convenience whereby a Canadian living abroad would sponsor a foreign national and just in fact serve as a courier to bring that foreign national into Canada, or allow a foreign national to enter Canada simply to receive certain benefits.
However, keep in mind that the Sponsor must meet all the eligibility requirements of becoming a Sponsor. Being a Canadian citizen is just one of the requirements. Most importantly, the Sponsor must demonstrate in the application that he or she can financially support the person/s to be sponsored and to ensure that they don’t need social assistance from the government of Canada.
If you have questions regarding the above article you may contact Marjorie at firstname.lastname@example.org
Source: Immigration and Refugee Protection Regulation (IRPR)
A word of caution: You should not act or rely on the information provided in this column. It is not legal advice. To ensure your interests are protected, retain or formally seek advice from a Regulated Canadian Immigration Consultant (RCIC) in good standing with the ICCRC. The views expressed in this article do not necessarily reflect those of the RCIC.