zardoz said:
Nobody else has responded, so I'll give this a shot, warts and all.
Basically yes, you can sponsor him, either from the UK as an "outland" application or from inside Canada as an "inland" application. The only restrictions on an "inland"application is that he would essentially have to be able to remain in Canada for up to 14 months as a visitor. The normal maximum length of stay is only 6 months as a visitor, so this would have to be extended by application. If it's refused, the application would possibly be terminated as in theory he would have to return to the UK. This limitation doesn't apply to an "outland" application, as there is no requirement for the principal applicant to be in Canada at any time during the process. It's also faster via London to get it completed.
In all honesty, (this is the warts bit), you would both be better off with him remaining in the UK under NHS support while the application progresses. You will not automatically get health cover as a visitor and frankly, health insurance is likely to be prohibitively expensive or impossible to obtain.
I have no idea how long your application will take as there are a number of areas that would concern CIC. One is your ability to commit to the mandatory 3 year sponsorship period, given your circumstances. During that time, welfare support for both of you is not likely to be an option, as you will end up paying for it anyway.
Finally, and I can't emphasise this enough, the whole process of applying for immigration back to Canada makes the immigration to the UK look like a walk in the park. It's long, expensive and stressful. You really need to read a lot of the posts on here so that you know exactly what the timelines are and how it has affected people.
I wish it was all "roses and puppies" but it really isn't...
I have a few points of disagreement with this response.
First, Britain has instituted stringent income requirements for bringing foreign spouses to the country. This is a rare case on the forum where we're hearing about a Canadian who is the subject of senseless immigration barriers. This is hardly a walk in the park.
More to the point, it's not true that he would need to be admitted to Canada for 14 months. If he's in Canada legally when you file an inland application, he'll automatically be allowed to stay in the country legally until a decision is made on the application. The only way he'd be kicked out would be if the application was rejected.
Also, when exactly health care is granted depends on the province. Contrary to what has been said, in Ontario this is before landing in the case of an inland application - it's three months after receiving "approval in principle", which is supposed to be about six months after you apply, but has taken longer in recent months.
Here on the forum, I've heard it mentioned that Alberta has very favourable conditions for foreign spouses in this regard. It's been said that they grant health coverage immediately, so long as you intend to stay there for an entire year. (If you leave too soon, you have to pay back the medical expenses.) I don't have direct knowledge of this, but it would be worth investigating.
It's also important to investigate whether he'll be able to continue to receive his British benefits while living in Canada. If not, there will be some question for the visa office of how you will support yourselves once in Canada. I believe that as someone who has not lived in Canada, he will likely be unable to collect OAS/GIS in Canada. I know that some countries have social security agreements with Canada whereunder time in the other country counts towards OAS, but I believe this isn't the case for Britain, and in any event there is a minimum period of residence in Canada. You could collect OAS in Britain after a minimum of 20 years in Canada, however.
My understanding is that receiving OAS and GIS is not in itself a bar to sponsorship. Certainly it indicates you won't be going on welfare, which is what they're really interested in.
If he needs your care and you are facing an immigration barrier, one possibility in Canada is an urgent application on humanitarian and compassionate grounds. In this case, you should consult an immigration lawyer in Canada. You would probably qualify for legal aid based on income. Your best option is probably to receive expert advice at this point.
However, I think you should first look into whether something similar exists in Britain. He is British, and if he needs your help because he's disabled, there ought to be a mechanism to address the immigration problem. I recommend you investigate what possibilities exist with respect to Britain, including speaking to a community legal clinic or an immigration lawyer. A man should not be deprived of the care of his wife in these circumstances.