Sponsorship & Taxes.

[pomuranium]

Hi everyone, so this is my first time posting and I apologise in advance if this isn't the place to ask this question. I'm honestly very concerned about something and aren't sure who else to turn to, so I hope someone here can give me some sort of guidance or advice.

Just a bit of backstory: My name is Steph, I'm from the US, and am currently in the process of immigrating to Canada under spousal sponsorship. I live in Canada with my husband, who I have been married to for what will be three years this August. Currently, I am simply waiting to hear back on my first section of paperwork and my police checks. My husband is physically disabled and receives a monthly check from ODSP (NOT social assistance, already got that sorted out thankfully), which he uses to provide for the two of us. We also live with his mother and his grandfather, who are all also disabled.

My question is this: My husband's grandfather is attempting to claim my husband as a dependent on his taxes. Will this affect my husband applying as my sponsor? I'm concerned because if my husband is supposed to be solely providing for me, I feel like him being listed as a dependent (meaning he can't provide for or take care of himself) will affect that somehow. I know this is a complicated situation and a complicated question, but I hope someone here can put my mind at ease, or at least give me solid answers so I can tell my husband's grandfather that he needs to stop insisting on this. Once again, I apologise if this isn't the place, I just don't know where else to turn.

 

[canuck78]

This situation is probably too tricky for this forum. I'm not sure that the fact that he is being claimed as a dependent will come to light in the spousal sponsorship process but it will likely be an issue for all involved when it comes to taxes. I would expect a lot of scrutiny if you are both planning on living off ODSP and he lives in his grandparents house. You will have to prove that you will not need welfare and can support yourselves on your own.

 

[canuck_in_uk]

Hi everyone, so this is my first time posting and I apologise in advance if this isn't the place to ask this question. I'm honestly very concerned about something and aren't sure who else to turn to, so I hope someone here can give me some sort of guidance or advice.

Just a bit of backstory: My name is Steph, I'm from the US, and am currently in the process of immigrating to Canada under spousal sponsorship. I live in Canada with my husband, who I have been married to for what will be three years this August. Currently, I am simply waiting to hear back on my first section of paperwork and my police checks. My husband is physically disabled and receives a monthly check from ODSP (NOT social assistance, already got that sorted out thankfully), which he uses to provide for the two of us. We also live with his mother and his grandfather, who are all also disabled.

My question is this: My husband's grandfather is attempting to claim my husband as a dependent on his taxes. Will this affect my husband applying as my sponsor? I'm concerned because if my husband is supposed to be solely providing for me, I feel like him being listed as a dependent (meaning he can't provide for or take care of himself) will affect that somehow. I know this is a complicated situation and a complicated question, but I hope someone here can put my mind at ease, or at least give me solid answers so I can tell my husband's grandfather that he needs to stop insisting on this. Once again, I apologise if this isn't the place, I just don't know where else to turn.

No effect. IRCC can't access to his grandfather's tax return, so they have no way of even knowing unless you straight up tell them, which you are not required to do.

As said above, you guys need to make sure that you provide a strong financial plan in your app to show that you will be able to support yourselves without welfare.

 

[canuck78]

Not sure if your husband is paying rent but a lease and history of rent payment would be helpful to include if you are asked for proof that you can make it on IF SO alone. If his grandfather is wanting to claim him as a dependent I would make sure you have alternate plans to live somewhere else if necessary.

 

[pomuranium]

Thank you, everyone, for all your advice. Apparently, after his grandfather spoke to an accountant, now he's considering putting himself down as my husband's power of attorney for the same tax benefit. I don't think this will be allowed due to the fact that my husband is sponsoring me not only as his wife but as his sole caregiver. We do have plans on moving out most definitely, and after talking to our local MP she assures us that him being on ODSP will not affect my immigration (she contacted cic and immigration herself just to be sure). We do pay rent, buy groceries, contribute to bills, etc. As far as getting off ODSP, that will have to wait until either one or both of us are able to find work that pays enough of course. Thank you, everyone, again, I'm glad to get some peace of mind.

 

[canuck78]

Thank you, everyone, for all your advice. Apparently, after his grandfather spoke to an accountant, now he's considering putting himself down as my husband's power of attorney for the same tax benefit. I don't think this will be allowed due to the fact that my husband is sponsoring me not only as his wife but as his sole caregiver. We do have plans on moving out most definitely, and after talking to our local MP she assures us that him being on ODSP will not affect my immigration (she contacted cic and immigration herself just to be sure). We do pay rent, buy groceries, contribute to bills, etc. As far as getting off ODSP, that will have to wait until either one or both of us are able to find work that pays enough of course. Thank you, everyone, again, I'm glad to get some peace of mind.

Just wanted to clarify that to be on ODSP you should be unable to work. If you are waiting to find a job that would support you you should be on welfare. Although ODSP does not prevent spousal sponsorship you will face more scrutiny. Anticipate having to show a realisitic budget and show any savings or family financial support. Others have been refused for financial reasons.

 

[AdeAhmed]

does your grandfather have alot of income? the value of claiming on his tax return is minimal at best.

why dont you tell him to claim your mother in law (I assume your husbands grandfathers daughter) as his dependent.

Also, POA is not required to claim a dependent. Just have to meet the CRA requirement.

Source: I am a Canadian CPA.

 

[pomuranium]

Just wanted to clarify that to be on ODSP you should be unable to work. If you are waiting to find a job that would support you you should be on welfare. Although ODSP does not prevent spousal sponsorship you will face more scrutiny. Anticipate having to show a realisitic budget and show any savings or family financial support. Others have been refused for financial reasons.

My husband is able to work, he's mostly blind, it is just difficult for him to find a job. ODSP has no problem with him finding work, there are just some rules and such that would take a while to explain. We can rely on relatives and friends for any possible financial support, but once I'm a PR or citizen I will have to be put onto ODSP as well (I'm not disabled but that's how it works because we're married) and his monthly check amount will increase because of that. Not to mention I will also be able to find a job, I will just need to find one that pays more than his monthly check would provide so that way we could both get off it.

 

[canuck78]

My husband is able to work, he's mostly blind, it is just difficult for him to find a job. ODSP has no problem with him finding work, there are just some rules and such that would take a while to explain. We can rely on relatives and friends for any possible financial support, but once I'm a PR or citizen I will have to be put onto ODSP as well (I'm not disabled but that's how it works because we're married) and his monthly check amount will increase because of that. Not to mention I will also be able to find a job, I will just need to find one that pays more than his monthly check would provide so that way we could both get off it.

There will be scrutiny on your application because CIC does not want you to come to Canada and spend a long time living off disability with your husband given that you are able-bodied.