Proof of Intent for Return to Canada

Proof of Intent for Return to Canada: 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, some distinct differences are important to understand. Not everyone is eligible to apply from overseas, different legal tests must be met, and different supporting evidence to included with the application for permanent resident status.

Can I Sponsor My Spouse from Outside Canada?

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 – PRs 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. 

How do I prove my intention to Return to Canada?

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 its final stages of approval. If you are in fact planning to return to Canada, likely, 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.

Proof of Intent to Move Back to Canada

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.

Housing matters

• Where will you live in Canada?
• Will you stay with family or friends temporarily while looking for a place in Canada?
• Have you identified a community that you plan to settle in?
• Have you contacted a realtor to enquire about renting or purchasing a property in that community?
• What are you going to do with your current residence?
• If you own your current residence, do you plan to keep it or sell it? Have you chosen a realtor that you will work with to sell your property?
• If you rent your current residence, when does your lease expire? How much notice do you need to provide to your current landlord before you move, and have you provided that notice?

Plans to secure employment

• Does your spouse speak enough English or French to seek employment in Canada? If not, have you made enquiries into language classes in the community where you will reside?
• Do you or your partner need to obtain a professional license to work in Canada? What steps have you taken to begin the licensing process?
• Will you or your partner need to return to school to upgrade your skills to enter the Canadian job market? What enquiries have you made regarding potential educational programs?
• Will you be able to transfer to a Canadian branch of your current employer?

Where the kids will go to school

• Have you researched the schooling options in the community where you plan to settle?
• Have you contacted the local school board to find out enrollment requirements and timeframes?

Funds available to finance your move and establishment in Canada

• How do you intend to pay for the family to move back to Canada and get established?
• Can you prove sufficient funds or a line of credit to finance your plans?

What other ties do you need to sever with your country of current residence

• What will happen to your vehicles?
• Pets – are they coming to Canada or staying behind?
• How will you move your belongings to Canada, or where will you store/dispose of what you plan to leave behind?

Who is waiting for you in Canada?

• Do you have close friends or family members who are eagerly waiting for you to arrive back home with your family?

Other arrangements

• Have you researched how to locate a family physician in the community where you will live?
• Have you researched health care and made plans for temporary health care coverage if the province where you are moving has a waiting period for new residents?
• Do you already have a Canadian bank account or will you need one?
• Have you (the sponsor) continued to file Canadian taxes, demonstrating the intention to return to Canada eventually?
• Are there any groups you will seek to join upon arrival – religious organization, service group, volunteer in children’s school, join or coach a sports team, obtain special instruction for your children (high-level athletics or other pursuits they are passionate about), etc?

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.

Evidence of Intention to Return to Canada

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:

• A letter or two from family members who are excited that you will stay with them upon arrival, 
• An email exchange with a Canadian realtor, 
• Bank statements that show sufficient funds to carry out your plans,
• An offer of employment from a Canadian employer,
• Vet records to show your pet’s vaccinations have been updated in anticipation of the move, 
• A quote from a moving company, 
• Google search records that show your research,
• Correspondence with your employers regarding a transfer to their Canadian location

There is no specific formula for success in 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.