Unemployed, applying without spouse

[hopefulcan]

My husband is working in US on H1B and I’m on H4 and currently unemployed. I have 4 years of experience working in India from 2011-2015. I’m planning to apply for EE as spouse not accompanying (I will declare that I’m married). We also have a one year old baby who I’m planning to include in my application.

Are there chances of my PR application being denied since I’m unemployed and financially dependent on my spouse?

Will there be any issues in future if I decide to sponsor my spouse after receiving my PR?

 

[hope2018]

My husband is working in US on H1B and I’m on H4 and currently unemployed. I have 4 years of experience working in India from 2011-2015. I’m planning to apply for EE as spouse not accompanying (I will declare that I’m married). We also have a one year old baby who I’m planning to include in my application.

Are there chances of my PR application being denied since I’m unemployed and financially dependent on my spouse?

Will there be any issues in future if I decide to sponsor my spouse after receiving my PR?

Unemployment is not a factor, first check your eligibility and if eligibile, check for your CRS using cic calculator.

If you are eligible then it doesn't matter if you are employed currently or not. As for CRS thats to give you a fair idea what your chances would be when you enter the pool. Goodluck!

And as for funds, you will have to rely on spouse accounts to show proof of settlement funds if you don't have your own to show, hope that will not be an issue.

For eligibility on six selection factors refer to this
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/federal-skilled-workers/six-selection-factors-federal-skilled-workers.html

For CRS
http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp

 

[hopefulcan]

Unemployment is not a factor, first check your eligibility and if eligibile, check for your CRS using cic calculator.

If you are eligible then it doesn't matter if you are employed currently or not. As for CRS thats to give you a fair idea what your chances would be when you enter the pool. Goodluck!

And as for funds, you will have to rely on spouse accounts to show proof of settlement funds if you don't have your own to show, hope that will not be an issue.

For eligibility on six selection factors refer to this
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/eligibility/federal-skilled-workers/six-selection-factors-federal-skilled-workers.html

For CRS
http://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp

Thank you! I did check that I’m eligible and have 441 points on the CRS calculator which was today’s draw score. So I’m assuming I have a good chance of getting picked (fingers crossed).

Regarding proof of funds, will it suffice if we convert my husband’s account to a joint account? Is there a minimum period of time it should have been a joint account?

I’m just looking for assurance that my financial dependence will not lead to a denial.

 

[hope2018]

Thank you! I did check that I’m eligible and have 441 points on the CRS calculator which was today’s draw score. So I’m assuming I have a good chance of getting picked (fingers crossed).

Regarding proof of funds, will it suffice if we convert my husband’s account to a joint account? Is there a minimum period of time it should have been a joint account?

I’m just looking for assurance that my financial dependence will not lead to a denial.

Just a written declaration from spouse to let funds be used for PR purpose will also do. If you can make it joint even better. Another option is getting gift deed from your parents if they intend to deposit money in your account.

There is no minimum time for account to be joint.

 

[vensak]

Thank you! I did check that I’m eligible and have 441 points on the CRS calculator which was today’s draw score. So I’m assuming I have a good chance of getting picked (fingers crossed).

Regarding proof of funds, will it suffice if we convert my husband’s account to a joint account? Is there a minimum period of time it should have been a joint account?

I’m just looking for assurance that my financial dependence will not lead to a denial.

Sooo...
Your reason to apply with unaccompanying spouse is because:
1. He does not want to come (which I doubt because you speak suddenly about sponsorship.
2. Or because you would have less points.
So if the second is the reason, did your husband take ECA and did he take IELTS test?
As I assume, that he should speak English well and shall also have good university degree (since he is on H1B visa).

So why not to get that done and get ITA together and PR together. That way he can still work in USA and come after you a little bit later.

 

[hopefulcan]

Sooo...
Your reason to apply with unaccompanying spouse is because:
1. He does not want to come (which I doubt because you speak suddenly about sponsorship.
2. Or because you would have less points.
So if the second is the reason, did your husband take ECA and did he take IELTS test?
As I assume, that he should speak English well and shall also have good university degree (since he is on H1B visa).

So why not to get that done and get ITA together and PR together. That way he can still work in USA and come after you a little bit later.

You’re right on both counts. He doesn’t want to move till he exhausts his H1B (just over a year left) and I’d like to sponsor him at that point.

We did think of applying together and he took the IELTS. He got CLB7 & 8 and I got CLB 10 in all so our score comes out to 437 if we apply together and 441 if I apply alone. He loses a lot of points due to age if he applies as primary so that is not an option.

Other factors which influenced our decision:
1. We don’t know if and when the score will come down to 437.
2. We could wait but I would lose 5 points next July.
3. I’d like to go back to work and don’t want to make it harder by increasing the gap by another year.

So at this point, applying alone seems to be our best option provided I don’t get denied and it won’t cause any issues down the road. What do you think about our chances? I’d appreciate any advice or tips from you and any senior members.

 

[hopefulcan]

Just a written declaration from spouse to let funds be used for PR purpose will also do. If you can make it joint even better. Another option is getting gift deed from your parents if they intend to deposit money in your account.

There is no minimum time for account to be joint.

Thanks! I’m just worried because I’ll be putting him down as non accompanying. I guess there is no way to stop worrying till the process ends. Thanks again for your prompt responses.

 

[hope2018]

You’re right on both counts. He doesn’t want to move till he exhausts his H1B (just over a year left) and I’d like to sponsor him at that point.

We did think of applying together and he took the IELTS. He got CLB7 & 8 and I got CLB 10 in all so our score comes out to 437 if we apply together and 441 if I apply alone. He loses a lot of points due to age if he applies as primary so that is not an option.

Other factors which influenced our decision:
1. We don’t know if and when the score will come down to 437.
2. We could wait but I would lose 5 points next July.
3. I’d like to go back to work and don’t want to make it harder by increasing the gap by another year.

So at this point, applying alone seems to be our best option provided I don’t get denied and it won’t cause any issues down the road. What do you think about our chances? I’d appreciate any advice or tips from you and any senior members.

Do remember that you need to put reasons for making spouse non-accompanying in application. And for sure you cannot put anything of what you just mentioned as an official version, so be ready to justify it if you plan to apply alone.

But your worry about being unemployed and using spouse funds are no issues at all.

 

[vensak]

You’re right on both counts. He doesn’t want to move till he exhausts his H1B (just over a year left) and I’d like to sponsor him at that point.

We did think of applying together and he took the IELTS. He got CLB7 & 8 and I got CLB 10 in all so our score comes out to 437 if we apply together and 441 if I apply alone. He loses a lot of points due to age if he applies as primary so that is not an option.

Other factors which influenced our decision:
1. We don’t know if and when the score will come down to 437.
2. We could wait but I would lose 5 points next July.
3. I’d like to go back to work and don’t want to make it harder by increasing the gap by another year.

So at this point, applying alone seems to be our best option provided I don’t get denied and it won’t cause any issues down the road. What do you think about our chances? I’d appreciate any advice or tips from you and any senior members.

Funny thing is that if he would get CBL 9 in IELTS, you would have more points together. I guess that might be a good motivation to do it together.
Be aware, that they are looking into "reasons" why he does not want to live in Canada permanently, and 1 year of a temporary work permit in USA is not really a reason.

Some people got rejections as they did not believe it to be genuine, but just points strategy.

 

[lampbreaker]

Funny thing is that if he would get CBL 9 in IELTS, you would have more points together. I guess that might be a good motivation to do it together.
Be aware, that they are looking into "reasons" why he does not want to live in Canada permanently, and 1 year of a temporary work permit in USA is not really a reason.

Some people got rejections as they did not believe it to be genuine, but just points strategy.

Even if not CLB 9 in all sections, any increase in his points can get you over 441 easily from 437. From CLB7-8 to CLB 9 adds 2 points for each section, so he needs CLB 9 in 2 sections and you will be at 441. I will recommend getting it together right now rather than sponsoring later. He has almost 4 years after getting PR (~1 yr PR visa validity + 3 years to establish residency) to make the actual move.

Here's what you can do. Start the application with him not accompanying. Then by the time you get ITA, have your husband take the IELTS again, with some more preparation this time. If this gets your score above the cutoff of the round in which you got ITA, you can change him to accompanying post-ITA also. The key thing is that your combined score should be above ITA round cutoff.

 

[vensak]

Even if not CLB 9 in all sections, any increase in his points can get you over 441 easily from 437. From CLB7-8 to CLB 9 adds 2 points for each section, so he needs CLB 9 in 2 sections and you will be at 441. I will recommend getting it together right now rather than sponsoring later. He has almost 4 years after getting PR (~1 yr PR visa validity + 3 years to establish residency) to make the actual move.

Here's what you can do. Start the application with him not accompanying. Then by the time you get ITA, have your husband take the IELTS again, with some more preparation this time. If this gets your score above the cutoff of the round in which you got ITA, you can change him to accompanying post-ITA also. The key thing is that your combined score should be above ITA round cutoff.

Nope she cannot do that. If she puts him accompanying and later on will change it, they can recalculate her points. and he would have to have a valid IELTS that were there on the day of ITA. Which again will make no sense.

 

[hopefulcan]

Do remember that you need to put reasons for making spouse non-accompanying in application. And for sure you cannot put anything of what you just mentioned as an official version, so be ready to justify it if you plan to apply alone.

But your worry about being unemployed and using spouse funds are no issues at all.

Funny thing is that if he would get CBL 9 in IELTS, you would have more points together. I guess that might be a good motivation to do it together.
Be aware, that they are looking into "reasons" why he does not want to live in Canada permanently, and 1 year of a temporary work permit in USA is not really a reason.

Some people got rejections as they did not believe it to be genuine, but just points strategy.

Even if not CLB 9 in all sections, any increase in his points can get you over 441 easily from 437. From CLB7-8 to CLB 9 adds 2 points for each section, so he needs CLB 9 in 2 sections and you will be at 441. I will recommend getting it together right now rather than sponsoring later. He has almost 4 years after getting PR (~1 yr PR visa validity + 3 years to establish residency) to make the actual move.

Here's what you can do. Start the application with him not accompanying. Then by the time you get ITA, have your husband take the IELTS again, with some more preparation this time. If this gets your score above the cutoff of the round in which you got ITA, you can change him to accompanying post-ITA also. The key thing is that your combined score should be above ITA round cutoff.

Thanks for all your responses. It sounds like waiting and having my husband take the IELTS again would be a better option. I can’t think of any new reasons other than my husband’s dislike for the cold and snow

I don’t want to flip-flop between accompanying and non accompanying as I feel like it might be considered misrepresentation. And from @vensak’s latest response, it doesn’t sound like an option anyway.

Just out of curiosity, if my husband were to get GC initiated, would that be considered a valid reason? Though I’m not sure I’d proceed with EE at that point since I can work in the US.

 

[canuck78]

Non-accompanying isn't misrepresentation. Would be much better for him to be added as accompanying and then do a soft landing because it could take a year to sponsor him. Just so you know your husband will still have to pay taxes on his income in Canada after paying US taxes (there is a treaty).

 

[hopefulcan]

Non-accompanying isn't misrepresentation. Would be much better for him to be added as accompanying and then do a soft landing because it could take a year to sponsor him. Just so you know your husband will still have to pay taxes on his income in Canada after paying US taxes (there is a treaty).

Honestly, a year would be just right since he doesn’t want to move till then anyway. But since people say one year left on H1B is not a valid reason for spouse not accompanying and PR could be refused, I don’t want to take the risk, especially if I may be prevented from applying again.

Are you saying he’ll have to pay taxes on his US income in Canada as well if we do a soft landing and he continues working in the US?

 

[lampbreaker]

Honestly, a year would be just right since he doesn’t want to move till then anyway. But since people say one year left on H1B is not a valid reason for spouse not accompanying and PR could be refused, I don’t want to take the risk, especially if I may be prevented from applying again.

Are you saying he’ll have to pay taxes on his US income in Canada as well if we do a soft landing and he continues working in the US?

No, there is no double taxation.