Can a stay-at-home canadian mom sponsor her husband who has a temp work permit?

[Elegua2014]

Hello,

I'm hoping for some guidelines and help here...

My boyfriend and I are looking to soon getting married at the Civil Court in Montreal. It should take 3 months before we can get that done.
He is Cuban citizen, and has a green card for the US.
I am a Canadian citizen and also a registered Status Indian. I lived with him in the US and had a child with him.
He has received a Temporary work permit for Canada that will expire in August 2015.
The employer and my father helped us co-sign the lease of our apartment we are staying in until April 2015.
We are now in Canada and looking to have him live here with us.
We are not sure that his employer will extend his work permit, as of issues with work, they don't get along.

What are our options?

If I sponsor him, how can I, since I have no income due to the fact that I am a stay at home mom? HE is the one supporting us now, as he is working full-time here with his work permit... but when that expires. what do we do?

Thanks guys.

 

[saria1]

Hello,

I'm hoping for some guidelines and help here...

My boyfriend and I are looking to soon getting married at the Civil Court in Montreal. It should take 3 months before we can get that done.
He is Cuban citizen, and has a green card for the US.
I am a Canadian citizen and also a registered Status Indian. I lived with him in the US and had a child with him.
He has received a Temporary work permit for Canada that will expire in August 2015.
The employer and my father helped us co-sign the lease of our apartment we are staying in until April 2015.
We are now in Canada and looking to have him live here with us.
We are not sure that his employer will extend his work permit, as of issues with work, they don't get along.

What are our options?

If I sponsor him, how can I, since I have no income due to the fact that I am a stay at home mom? HE is the one supporting us now, as he is working full-time here with his work permit... but when that expires. what do we do?

Thanks guys.

For family sponsorship of a spouse with dependent children can sponsor, there is no income requirement. I'm a SAHM and soon plan to sponsor my husband and child to move to Canada. Just so you're aware, you will not qualify if your receiving assistance/welfare.

Hope this helps.

"In order to sponsor, you must...

be 18 years of age or older,
be a Canadian citizen, Registered Indian or permanent resident,
be sponsoring a member of the family Class,
live in Canada or provide evidence, if you are a Canadian citizen living outside of Canada, that you will live in Canada once the person you are sponsoring becomes a permanent resident.
sign an agreement with your spouse or common-law partner confirming that each of you understands your obligations and responsibilities,
sign an undertaking promising to provide for your spouse or common-law partner's basic requirements and, if applicable, those of his or her dependent children,
prove that you have sufficient income to provide basic requirements for your spouse or common-law partner's dependent children. To do this, you must provide documents showing your financial resources for the past 12 months. This requirement applies only when dependent children who have dependent children of their own are included on the application."

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

 

[wowsers]

It appears that what you need is some practical advice. The legal position is quite straightforward. To sponsor him you need only show that you are a Canadian citizen (you are), that you are either married (you will be) or that you have cohabited for one year (you do not say whether or not that is so), that you are not on welfare (you do not mention that) and that the two of you will be able to support yourselves once you live in Canada. That last point is the one which is going to cause you difficulty. As a family applicant you will not be required to prove that you have an income, but you will be required to show that the two of you will be able to afford to live as a family unit. If his temporary work permit runs out and it is not renewed, how is he going to support you in Canada? Will you be able to support him? It appears to me that the alternative is for you both to return to live in the US and for him to work to support you both whilst living there (he has a green card) until he becomes a PR and is able to work legally in Canada. As a Canadian citizen you are allowed to sponsor him even if you are living in the US provided you satisfy CIC of your intention to return to live in Canada when he gets his PR status. Read through the forms and guides that you can get from CIC, consider them in the light of the practicalities of your case, and I feel sure that you will find a practical answer to your problem.

 

[rhcohen2014]

It appears that what you need is some practical advice. The legal position is quite straightforward. To sponsor him you need only show that you are a Canadian citizen (you are), that you are either married (you will be) or that you have cohabited for one year (you do not say whether or not that is so), that you are not on welfare (you do not mention that) and that the two of you will be able to support yourselves once you live in Canada. That last point is the one which is going to cause you difficulty. As a family applicant you will not be required to prove that you have an income, but you will be required to show that the two of you will be able to afford to live as a family unit. If his temporary work permit runs out and it is not renewed, how is he going to support you in Canada? Will you be able to support him? It appears to me that the alternative is for you both to return to live in the US and for him to work to support you both whilst living there (he has a green card) until he becomes a PR and is able to work legally in Canada. As a Canadian citizen you are allowed to sponsor him even if you are living in the US provided you satisfy CIC of your intention to return to live in Canada when he gets his PR status. Read through the forms and guides that you can get from CIC, consider them in the light of the practicalities of your case, and I feel sure that you will find a practical answer to your problem.

you are kidding me, right? you are essentiall telling the original poster to give up a work permit and apartment lease that is co-signed for what exactly? moving to the us just so the husband can get a job doesn't necessarily mean they will be finacially better off. are you even from the US or lived there recently? because it would be hard to believe ANY US citizen would recommend this after reading the facts from the OP. the unemployment and cost of living rates are significantly high in most locations. Most people can't just pick up and get a job in the us as if they are giving them away to anyone willing to work. the current work permit has another YEAR on it, and their apartment is guaranteed until April! how does giving all that up in hopes of finding a job in the us going to help their application? i am going to guess it is NOT! If anything, the fact there is a work permit and lease in canada close to family is going to weigh a lot heavier than just giving all of that up for no good reason.

if they can prove help from family until 1 or both are able to get jobs, then it doesn't matter if neither of them have jobs. having a job is not a requirement to sponsor a spouse or for an applicant to be approved. More likely than not, if they get married and put their application in soon, they won't have to worry about the work permit expiring (assuming they do the logical thing and apply outland).

to the original poster, go ahead with your application plans. because there is 1 year left on the work permit, it's best to get it in as soon as possible. since CIC will want to know you or your spouse won't go on social welfare upon approval, and the sponsor does not have a job, then make sure to include letters from your family guaranteeing they will help you financially until you are able to get on your feet. this can be a letter from your parents saying they will help with finances. also, if you have any savings, make sure to prove that in your application.

in the chance the work permit expires prior to the app being approved, and if it won't be extended, then have a contingency plan in place for how you can support yourselves until the pr is approved. i do not recommend uprooting yourselves and starting over in the us. what is recommended is the sponsor getting a job instead of the applicant to tie you over, using savings, or having the help of your family. the sooner you get the app in, the less amount of time will be needed for plan b.

Again, it's not required for anyone to have a job. what is required is significant proof that you can support yourself after approval, and if possible, show any savings you have and that family is willing to help out along the way.

good luck!

 

[wowsers]

you are kidding me, right? you are essentiall telling the original poster to give up a work permit and apartment lease that is co-signed for what exactly? moving to the us just so the husband can get a job doesn't necessarily mean they will be finacially better off. are you even from the US or lived there recently? because it would be hard to believe ANY US citizen would recommend this after reading the facts from the OP. the unemployment and cost of living rates are significantly high in most locations. Most people can't just pick up and get a job in the us as if they are giving them away to anyone willing to work. the current work permit has another YEAR on it, and their apartment is guaranteed until April! how does giving all that up in hopes of finding a job in the us going to help their application? i am going to guess it is NOT! If anything, the fact there is a work permit and lease in canada close to family is going to weigh a lot heavier than just giving all of that up for no good reason.

if they can prove help from family until 1 or both are able to get jobs, then it doesn't matter if neither of them have jobs. having a job is not a requirement to sponsor a spouse or for an applicant to be approved. More likely than not, if they get married and put their application in soon, they won't have to worry about the work permit expiring (assuming they do the logical thing and apply outland).

to the original poster, go ahead with your application plans. because there is 1 year left on the work permit, it's best to get it in as soon as possible. since CIC will want to know you or your spouse won't go on social welfare upon approval, and the sponsor does not have a job, then make sure to include letters from your family guaranteeing they will help you financially until you are able to get on your feet. this can be a letter from your parents saying they will help with finances. also, if you have any savings, make sure to prove that in your application.

in the chance the work permit expires prior to the app being approved, and if it won't be extended, then have a contingency plan in place for how you can support yourselves until the pr is approved. i do not recommend uprooting yourselves and starting over in the us. what is recommended is the sponsor getting a job instead of the applicant to tie you over, using savings, or having the help of your family. the sooner you get the app in, the less amount of time will be needed for plan b.

Again, it's not required for anyone to have a job. what is required is significant proof that you can support yourself after approval, and if possible, show any savings you have and that family is willing to help out along the way.

good luck!

Your observations are unpleasant, and uncalled for. This is not a forum for rudeness but for persons who want to give help to those who seek it. No, I am not from the US and have not been there recently. What precisely has that to do with anything? The OP's husband was working in the US. What is there to suggest that he cannot get work there again? Nothing! Their lease (if it is a lease and not a periodic tenancy) expires in April and his right to work terminates soon afterwards. So there is no penalty in issue (your original advice, later amended) What evidence is there that her parents can finance the family for the time until the husband can get PR status? Nothing! Your advice is unrealistic. I suggest you keep quiet if you have nothing better to say.

 

[rhcohen2014]

Your observations are unpleasant, and uncalled for. This is not a forum for rudeness but for persons who want to give help to those who seek it. No, I am not from the US and have not been there recently. What precisely has that to do with anything? The OP's husband was working in the US. What is there to suggest that he cannot get work there again? Nothing! Their lease (if it is a lease and not a periodic tenancy) expires in April and his right to work terminates soon afterwards. So there is no penalty in issue (your original advice, later amended) What evidence is there that her parents can finance the family for the time until the husband can get PR status? Nothing! Your advice is unrealistic. I suggest you keep quiet if you have nothing better to say.

Excuse me? My advice is NOT unrealistic AT ALL! How is it unrealistic to advise someone to not mess with what they currently have just to have a hope and a wish that they will find a job and affordable housing as soon as they land in the US? PLEASE! Don't post about things you don't know about. you obviously do not know about what it's like to be living in the us right now. And please please please tell me how saying "Your advice is unrealistic. I suggest you keep quiet if you have nothing better to say." is kind and sweet? talk about rude. get over yourself!!!!!!

i was not being rude, i was giving accurate information based on the facts of the op situation. just because the person "worked" in the us before DOES NOT mean they will be able to easily find a job in the us once they arrive. Seriously, i would LOVE to hear other US citizen's opinion on this, because i am quite sure you will be laughed at in stereo if you even TRIED to suggest that to a group of hard working americans. I mean, i can barely keep a straight face repeating it. that's just complete nonsense and it is absolutely ridiculous to suggest this when, there are many many many people in the us who are unemployed and UNABLE to find jobs for a good year or so. The market is absolutely SATURATED with people with bachelor and master degrees UNABLE TO FIND WORK!!!!!!!!!!

considering they need co-signers in canada, i would think they would probably find it quite difficult to find something at equal standard in the states that doesn't cost at least 50% of their pay. yes, did you know it's quite typical for people's rent to cost at or more than 50% of their salary in the us? probably not. PLUS... us citizens and residents MUST pay for their own health care by LAW, so if they don't find an employer who covers healthcare (Which a lot DON'T), that is ANOTHER out of pocket expense. if they don't pay for healthcare, they will have tax liabilities, and it probably won't be pleasant. I don't give advice to people living in other countries because i don't know the rules and way of life in those countries.

perhaps it's just me, but i don't think it is very good advice to tell someone to give up a CURRENT WORK VISA that doesn't expire until 2015 just to go try to find a job in the us that most likely will be low paying and take months to get. It is very unlikely they will be out on the street come april becaus a) they are figuring out what to do way in advance and b) NEWSFLASH... LEASES CAN BE EXTENDED!!! it is quite more realistic to stay where they are and get the app in soon, and deal with the expiration IF it becomes an issue. Their work permit expires in 12 months. that is 12 months - ONE FULL YEAR - to get the app in and get approval. depending on where the original poster is from, this is VERY likely to happen. Most visa offices are processing approvals in LESS time than that!

Let the op decide what they want to decide. don't get all nasty and high and mighty because someone from the country that you are giving bad advice about sets you straight. what does NOT being from a country you are giving advice about have to do with it? lots! because you DO NOT KNOW ABOUT WHAT IT'S LIKE TO LIVE HERE, GET A JOB HERE AND PAY RENT HERE! i would expect the same from other posters if i told someone from the UK, Singapore, Vietnam, etc. something that just as ridiculous.

and yes, i did edit my comment, because i didn't want to be as rude as you apparently thought i was. i guess it doesn't matter. i guess i'm just a rude american who knows more about living in the US than you do. oh well!

 

[screech339]

OP does not have to make her husband quit his job. If they submit an OWP with inland application, the husband can continue to work on "implied status" assuming it is an work permit through LMO. This would suffice to convince CIC that they can support themselves. Yes the process would be very long but at least the husband can continue the job. If they do with the outland, the husband may still be able to land before his current work visa expires assuming Green Card holder get processed outland through Ottawa like Americans. However if that is not the case with outland and is process through husband's nationality, then they run the risk of OP not being able to prove support in Canada if work visa is not renewed. In the meantime, to allay that risk, the OP can provide certified document from OP's parents attesting to provide accommodation should the husband's work visa not get extended.

 

[Elegua2014]

Hello all,

I just read the messages, there have been some advancements and thanks for the replies.

First off, my soon to be husband (we are waiting for our court date ) WILL have his temporary work permit renewed for another 2 years! And I don't need to be working to sponsor him. Thank goodness.We get by just fine with his work, so he can support us all decently. I have never and don't receive any welfare.

Also, we live in the province of Quebec, and I was told that I need to get a Application for Selection Certificate before I apply for his residency. They ask for proof of payment of income tax..

My question is: The proof is for Canada (the two years he would be working here) or is it for from being in USA too?!

Also, in reply to RHCohen and Wowsers... RHCohen is right. I have a bachelor's degree from Montreal, as well as some undergrad extra studies in psychology and linguistics, and could NOT find a job after I gave birth. I could NOT. I was flabbergasted. Rent in New Jersey (we were just across NYC) is over the top. We were struggling. My boyfriend is very talented at his work but it is SO SO SO difficult to get work. We will fight til the end in order to have our son grow in a good environment.