American Outland Spousal Sponsorship - so confused

[zibi762]

Hello everyone,

So, I'm in the process of trying to work through figuring everything out involved with a spousal sponsorship, and I'm really overwhelmed. I feel like I keep reading different information everywhere and now I'm just completely confused. I'm hoping that perhaps someone can help shed some light on a few things for me and get me pointed in the right direction :S

About our situation - I'm Canadian and I would like to sponsor my common law spouse who is American. I *think* I have established that applying outland is the better option for us.

Question 1: - He's American, but we are both currently living in Germany while completing our Master's Degrees. Does this mean that I file our paperwork with the CIC office in Austria that handles German residents, or do we send everything to the CIC in Ottawa and fill everything out based on the fact that he's an American citizen with an American passport? If we have a choice, it looks like Ottawa has shorter processing times, however, I'm worried that it will look odd to have things like the medical examination done in Germany if he's applying as an American resident?

Question 2: With spousal sponsorship, is the English language proficiency test required for an American who's native language is English? I read somewhere that everyone must supply proof of English language proficiency, however, I don't see that listed on the document checklist for spousal sponsorship? If possible, we'd obviously rather avoid having to pay for the IELTS.

Question 3: I'm a full time student, and the income on my last tax return was rather insubstantial. I am currently working full time, and my boyfriend has had a consistent/stable financial situation, but, will my lack of income affect my being approved as a sponsor? He has no dependents.

And my last question: We both finish our degrees at the end of next year, and ideally would like to move to Canada after graduating. Our thought was to get the paperwork sent in now and then hopefully have everything in order to move next year. However, presuming everything is approved for his PC card, is there are time frame within which we must then move to Canada? Does the date of his PC card start when he lands on Canadian soil, or is it simply granted a PR card with an expiration date and we can move at any time?

Sorry for so many questions! And thank you in advance!

 

[canuck_in_uk]

Question 1: - Does this mean that I file our paperwork with the CIC office in Austria that handles German residents, or do we send everything to the CIC in Ottawa and fill everything out based on the fact that he's an American citizen with an American passport? If we have a choice, it looks like Ottawa has shorter processing times, however, I'm worried that it will look odd to have things like the medical examination done in Germany if he's applying as an American resident?

Question 2: With spousal sponsorship, is the English language proficiency test required for an American who's native language is English?

Question 3: I'm a full time student, and the income on my last tax return was rather insubstantial. I am currently working full time, and my boyfriend has had a consistent/stable financial situation, but, will my lack of income affect my being approved as a sponsor? He has no dependents.

And my last question: We both finish our degrees at the end of next year, and ideally would like to move to Canada after graduating. Our thought was to get the paperwork sent in now and then hopefully have everything in order to move next year. However, presuming everything is approved for his PC card, is there are time frame within which we must then move to Canada? Does the date of his PC card start when he lands on Canadian soil, or is it simply granted a PR card with an expiration date and we can move at any time?

Hi

1. You send everything to Mississauga. They will forward it to the appropriate VO, most likely Ottawa. Doesn't matter where he does the medical.

2. There is no English language requirement for spousal sponsorship.

3. There is no minimum income requirement. You guys must show that you can support yourselves without welfare.

4. As a Canadian living abroad, you will need to show proof of your intent to return to Canada as soon as the PR app is approved. When the app is approved, he'll receive a COPR, Confirmation of Permanent Residence; this document will have an expiry date corresponding to around a year from the date he does his medical. He must land in Canada by that date. He will receive his PR card after landing in Canada.


Current straightforward American apps are going through in 6-8 months. If you are only planning to move to Canada at the end of 2016, then you should look at applying around spring 2016.

 

[zibi762]

Thank you so much for the clarification! Very much appreciated!

 

[blueangel371115]

The applicant has to state whether they are fluent in English or French and whether they require a translator if an interview is required, at least when I did it, so if your document is in English, you should be fine. But you don't need to take a test proving your fluency in English. It's only if it's not your first language and French isn't either, from the way I understood it.

 

[zibi762]

And yet another question, sorry, I'm so worried about filling something out incorrectly and having the application delayed....

As far as Revenue Canada is concerned, at least for tax purposes I'm still considered a resident of Canada (I went through a verification process this past fall and it was determined that because I still have substantial ties to Canada, as least for tax purposes, I'm still considered a Canadian resident.) Does this mean that I should list my status as "residing exclusively outside or Canada"? Should I list my residential address as my mom's Canadian (which I use for taxes)? I'm nervous about providing convincing evidence of my intent to return to Canada and am wondering if this would help with that issue?

 

[blueangel371115]

You could , I believe as it shows that you have a place to live there ( even if you find your own place later) but a job really helps as well.

 

[Rob_TO]

For your taxes, hopefully you've been filing them with CRA as common-law and not single, as of the tax year you first reached 12 months of cohabitation.

 

[canuck_in_uk]

As far as Revenue Canada is concerned, at least for tax purposes I'm still considered a resident of Canada (I went through a verification process this past fall and it was determined that because I still have substantial ties to Canada, as least for tax purposes, I'm still considered a Canadian resident.) Does this mean that I should list my status as "residing exclusively outside or Canada"? Should I list my residential address as my mom's Canadian (which I use for taxes)? I'm nervous about providing convincing evidence of my intent to return to Canada and am wondering if this would help with that issue?

Yes, you are residing exclusively outside of Canada. Being a resident for tax purposes for CRA has nothing to do with your actual residency. CIC is referring to your actual residency, which is currently Germany. Listing your mother's address when you are currently residing outside of Canada for several years is not accurate.

 

[zibi762]

It never even occurred to me to change my status to common-law with CRA. My boyfriend and I filed for domestic partnership in New York almost 5 years ago, and since we file US taxes separately and he's not Canadian, I just assumed there were no implications for my Canadian taxes. Yikes. I'm assuming this is going to be a problem if I'm trying to sponsor him as a common law?

 

[blueangel371115]

It never even occurred to me to change my status to common-law with CRA. My boyfriend and I filed for domestic partnership in New York almost 5 years ago, and since we file US taxes separately and he's not Canadian, I just assumed there were no implications for my Canadian taxes. Yikes. I'm assuming this is going to be a problem if I'm trying to sponsor him as a common law?

Not sure. The CRA may be a little miffed but I've never dealt with that part. If you have other proofs (bank statements, mortgage , rental agreements) you should be fine. But I would do call the CRA.

 

[rhcohen2014]

It never even occurred to me to change my status to common-law with CRA. My boyfriend and I filed for domestic partnership in New York almost 5 years ago, and since we file US taxes separately and he's not Canadian, I just assumed there were no implications for my Canadian taxes. Yikes. I'm assuming this is going to be a problem if I'm trying to sponsor him as a common law?

i would think the fact NY considers you domestic partners, that CIC may overlook you not changing your status while you were working/living outside of canada.

 

[canuck_in_uk]

Yikes. I'm assuming this is going to be a problem if I'm trying to sponsor him as a common law?

No problem in terms of the app. CIC won't care what your status was with CRA.

However, you might owe some money to CRA depending on what kind of credits/refunds you received.