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Spousal sponsorship

Home_13579

Star Member
Nov 28, 2022
134
11
Hi everyone. in the application, there are some supporting document to prove the marriage is authentic. If I am unable to provide some of those document, how big of an impact is it going to be on my application?
 

Elisabet

Full Member
Jan 13, 2021
24
2
Hello to all,

Jan 9, 2023 we received an email from IRCC requesting "Option C" print out for 2020 and 2021 from Canada Revenue
Ive already ordered and it may take 10-15 business days.

Does anybody know what happen if I don't meet the minimum to requirement? what are my rights as a Canadian citizen who is sponsoring a spouse.


Thanks
 

scylla

VIP Member
Jun 8, 2010
95,652
21,985
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello to all,

Jan 9, 2023 we received an email from IRCC requesting "Option C" print out for 2020 and 2021 from Canada Revenue
Ive already ordered and it may take 10-15 business days.

Does anybody know what happen if I don't meet the minimum to requirement? what are my rights as a Canadian citizen who is sponsoring a spouse.


Thanks
There's no income requirement to sponsor a spouse. However you cannot be on social assistance. I'm not sure what you mean by your rights as a Canadian citizen.
 

Elisabet

Full Member
Jan 13, 2021
24
2
There's no income requirement to sponsor a spouse. However you cannot be on social assistance. I'm not sure what you mean by your rights as a Canadian citizen.

Hello Scylla,

Yes there is an income requirement when the spouse has dependent child/children.
I am a Canadian citizen, im sponsoring my husband who has 2 sons from previous relationship in south America.
Even tho the kids aren't coming to Canada we had to listed them in our application (as non-accompanying) and I had to provide LICO showing I made enough money to support 4 ppl (inc myself) Now they are asking me for option C (which Ive already ordered from canada revenue)

If I don't make "enough" income requirement to support 4. what else can I do? to continue with the process of sponsoring.
Do I have the right to present a co-signer or something?
I do have an investment property. I can show the rent of that property is paying for the mortgage but I don't get revenue from it.

Every case is different so Im just asking in case someone here knows about it
 

scylla

VIP Member
Jun 8, 2010
95,652
21,985
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello Scylla,

Yes there is an income requirement when the spouse has dependent child/children.
I am a Canadian citizen, im sponsoring my husband who has 2 sons from previous relationship in south America.
Even tho the kids aren't coming to Canada we had to listed them in our application (as non-accompanying) and I had to provide LICO showing I made enough money to support 4 ppl (inc myself) Now they are asking me for option C (which Ive already ordered from canada revenue)

If I don't make "enough" income requirement to support 4. what else can I do? to continue with the process of sponsoring.
Do I have the right to present a co-signer or something?
I do have an investment property. I can show the rent of that property is paying for the mortgage but I don't get revenue from it.

Every case is different so Im just asking in case someone here knows about it
I'm still confusesd. There shouldn't be a minimum income requirement in this case. Minimum income requirements should only apply if one of the dependents has a dependent. Can you copy and paste the full email that IRCC has sent you regarding the income requirements?

Here's a copy and paste of the rules from the IRCC web site.

Income requirement
In most cases, there isn’t an income requirement to sponsor your spouse or partner or dependent child. You only need to show that you have enough money to meet the income requirements if:
  • you’re sponsoring a dependent child that has 1 or more dependent children of their own, or
  • you’re sponsoring a spouse or partner that has a dependent child, and their dependent child has 1 or more children of their own.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html
 

Elisabet

Full Member
Jan 13, 2021
24
2
I'm still confusesd. There shouldn't be a minimum income requirement in this case. Minimum income requirements should only apply if one of the dependents has a dependent. Can you copy and paste the full email that IRCC has sent you regarding the income requirements?

Here's a copy and paste of the rules from the IRCC web site.

Income requirement
In most cases, there isn’t an income requirement to sponsor your spouse or partner or dependent child. You only need to show that you have enough money to meet the income requirements if:
  • you’re sponsoring a dependent child that has 1 or more dependent children of their own, or
  • you’re sponsoring a spouse or partner that has a dependent child, and their dependent child has 1 or more children of their own.
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html



Once again THANK YOU,

And yes, my husband's older (19 yr) son has 1 y/o son. He works and support his own family that's why I don't understand why we have to keep showing income. Even the 19 yo is not dependent back home, here is Canada is considerer dependent child.

I guess all that makes it a very complicated case :oops:
 

scylla

VIP Member
Jun 8, 2010
95,652
21,985
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Once again THANK YOU,

And yes, my husband's older (19 yr) son has 1 y/o son. He works and support his own family that's why I don't understand why we have to keep showing income. Even the 19 yo is not dependent back home, here is Canada is considerer dependent child.

I guess all that makes it a very complicated case :oops:
Is the 19 year old married or common law? To be common law, he would need to have lived with his partner for at least one year continuously.
 

scylla

VIP Member
Jun 8, 2010
95,652
21,985
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
No he is single he works and support his girlfriend and baby boy, they don't live together
In that case, you can't get him excluded as a dependent since he definitely meets the dependent criteria for Canadian immigration purposes. And since he has a child himself, you do have to meet LICO to qualify as a sponsor.

You have the right to sponsor your spouse as a Canadian. However that right extends to submitting the application only, not necessarily getting it approved. To be approved, you have to meet the requirements, including meeting LICO in your case for all dependents (including the non-accompanying).

If you don't meet LICO, then you don't qualify as a sponsor. There is no one who can co-sign the application. You have to meet LICO on your own. LICO only considers income - you cannot include property or savings. Have you consulted with a lawyer? One option you could consider is requesting H&C considerations when you respond to the letter from IRCC and provide the CRA statements. You know you don't meet LICO. So you can try making an H&C case for why you should stil be approved as a sponsor even though you don't meet the requirements. This is getting into more complex territory. I certainly cannot advise you how to write this letter. A lawyer would be a good option if you want to go this route at this point. Good luck.
 

Elisabet

Full Member
Jan 13, 2021
24
2
In that case, you can't get him excluded as a dependent since he definitely meets the dependent criteria for Canadian immigration purposes. And since he has a child himself, you do have to meet LICO to qualify as a sponsor.

You have the right to sponsor your spouse as a Canadian. However that right extends to submitting the application only, not necessarily getting it approved. To be approved, you have to meet the requirements, including meeting LICO in your case for all dependents (including the non-accompanying).

If you don't meet LICO, then you don't qualify as a sponsor. There is no one who can co-sign the application. You have to meet LICO on your own. LICO only considers income - you cannot include property or savings. Have you consulted with a lawyer? One option you could consider is requesting H&C considerations when you respond to the letter from IRCC and provide the CRA statements. You know you don't meet LICO. So you can try making an H&C case for why you should stil be approved as a sponsor even though you don't meet the requirements. This is getting into more complex territory. I certainly cannot advise you how to write this letter. A lawyer would be a good option if you want to go this route at this point. Good luck.
I understand,

IRCC Is asking for 2020 and 2021 LICO.We submitted the application in Aug 2021.
I don't meet the requirement for 2020 and I DO meet the requirement for 2021 (and for 2022 even tho they haven't asked me for 2022)

This very technical :oops:


Once again thanks for taking the time to explain I truly appreciate it
 

scylla

VIP Member
Jun 8, 2010
95,652
21,985
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I understand,

IRCC Is asking for 2020 and 2021 LICO.We submitted the application in Aug 2021.
I don't meet the requirement for 2020 and I DO meet the requirement for 2021 (and for 2022 even tho they haven't asked me for 2022)

This very technical :oops:


Once again thanks for taking the time to explain I truly appreciate it
I would consult with an immigration lawyer (not a consultant - this situation is too complicated for a consultant).
 
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justwannaknow

Member
Aug 3, 2013
10
5
Hi



I’m sponsoring my spouse her two daughters (under 22 and single) and infant grandson .



Got medical request Jan 3 and saw panel physician last week



He had eMedical and provided me with an information summary sheet. He muttered I should make a copy and send to my lawyer and I RCC



Q1-do I really need to upload this eMedical summary sheet to I RCC ? On it , it says the emedical report was uploaded to ircJan 12,2022

my lawyer seems to think so but I find my lawyer/team to not be that careful


q2-on the summary sheet everything looks fine except for the infant vaccination is listed as incomplete/finalized. Can I assume that’s just because he’s a year old or is that an issue?



Thanks for the long post