Co-signor on PGP

[karinaS]

Hi,
I am living common law with my partner since 2016 (claiming on tax return). We got married last week.
I received invitation for sponsorship. I will show NOA for 2017, 2016 and 2015. I need him as a consignor, otherwise I do not meet income requirements on my own.
My lawyer said that we might not be able to count my husband income for 2015 because we were not common law at that time. However CIC states that co-signor can be my common law/ legal husband if were together for at least a year.
Any though on that?

Thank you!

 

[Rob_TO]

Hi,
I am living common law with my partner since 2016 (claiming on tax return). We got married last week.
I received invitation for sponsorship. I will show NOA for 2017, 2016 and 2015. I need him as a consignor, otherwise I do not meet income requirements on my own.
My lawyer said that we might not be able to count my husband income for 2015 because we were not common law at that time. However CIC states that co-signor can be my common law/ legal husband if were together for at least a year.
Any though on that?

Thank you!

You can use your co-signers Canadian income for all 3 previous tax years, regardless of what your marital status was in those tax years. As long as you are married/common-law at time app is submitted, that is all that matters.

You should look at getting a new lawyer.

 

[karinaS]

You can use your co-signers Canadian income for all 3 previous tax years, regardless of what your marital status was in those tax years. As long as you are married/common-law at time app is submitted, that is all that matters.

You should look at getting a new lawyer.

Thank you for response! Well his logic is that his family size was different since we were not together.
My partner was single before we met, so was I, bit how it works if people are common/ law for 2018 but were marries/ common law with someoone else in 2015 and 2016? How they are supposed to calculate family size?

 

[karinaS]

I am also concerned that I am currently between jobs, I am starting new position with top 4 accounting firm in October but I decided to take time off and work on my designation for now. We still will have enough income, since my husband is making enough money. But I am concerned that my "unemployed status; can throw CIC off. Should I attach my offer and letter form CPA BC to confirm my school enrollment?

 

[canuck_in_uk]

Thank you for response! Well his logic is that his family size was different since we were not together.
My partner was single before we met, so was I, bit how it works if people are common/ law for 2018 but were marries/ common law with someoone else in 2015 and 2016? How they are supposed to calculate family size?

They use your family size at the time of applying, regardless of any changes in the previous years.

 

[canuck_in_uk]

I am also concerned that I am currently between jobs, I am starting new position with top 4 accounting firm in October but I decided to take time off and work on my designation for now. We still will have enough income, since my husband is making enough money. But I am concerned that my "unemployed status; can throw CIC off. Should I attach my offer and letter form CPA BC to confirm my school enrollment?

No, don't attach it. They won't care.

 

[Rob_TO]

Thank you for response! Well his logic is that his family size was different since we were not together.
My partner was single before we met, so was I, bit how it works if people are common/ law for 2018 but were marries/ common law with someoone else in 2015 and 2016? How they are supposed to calculate family size?

The answer is the exact same, family size for 3 previous tax years is the size as of date of your application. Your family size or marital status in previous years is irrelevant. IRCC doesn't care about this, and doesn't ask any questions on it. They only let you do 1 calculation for family size based on what it is today.

I am also concerned that I am currently between jobs, I am starting new position with top 4 accounting firm in October but I decided to take time off and work on my designation for now. We still will have enough income, since my husband is making enough money. But I am concerned that my "unemployed status; can throw CIC off. Should I attach my offer and letter form CPA BC to confirm my school enrollment?

Your employment status is irrelevant. All they care about are the tax return amounts for each year.