Can I sponsor my spouse if we're both living in the US?

[scotiansailor]

Hello,
I am Canadian, and have an american husband, and we both live in Florida. I would like to apply to sponsor him as my spouse, so we can one day move to Canada permanently. Can I apply to sponsor him while I still live in the States? How can I show that I will support him financially when we move to Canada, if I obviously do not have a job in Canada to prove that? And is it a possibility that if he gets his PR, then when we move to canada, he will also be able to work any job immediately?
thanks,
Laura

 

[canadiangirl78]

You sure can! I'm sponsoring my husband and we are in California. You just have to show that you'll move back with him. He can work immediately after getting a PR.

 

[wilson]

Hello,
I am Canadian, and have an american husband, and we both live in Florida. I would like to apply to sponsor him as my spouse, so we can one day move to Canada permanently. Can I apply to sponsor him while I still live in the States? How can I show that I will support him financially when we move to Canada, if I obviously do not have a job in Canada to prove that? And is it a possibility that if he gets his PR, then when we move to canada, he will also be able to work any job immediately?
thanks,
Laura

Yes, you can sponsor and your husband can work in Canada freely.

According to section 130(2) of the Immigration and Refugee Protection Regulations, a Canadian citizen who does not reside in Canada may sponsor his/her spouse if the sponsor will reside in Canada when the spouse becomes a permanent resident. Therefore, as you are currently living in USA, you will be able to sponsor your spouse as long as you can prove that you will return to Canada once your spouse acquires permanent resident status in Canada.

 

[scotiansailor]

Thanks for your feedback. It also says I need to show that I've been earning a certain minimum income in the past year... He's been working, I've been writing my book. I'm a meteorologist, and had no problem finding work as one in Canada, but the job market is not the same in the US. If i've been essentially unemployed, do they look at the fact that I had a job while in Canada? If he can work immediately upon arriving in Canada, then why would they be so concerned about me being the one to support us both?
thank-you,
Laura

 

[Galip]

You could sponsor your partner even if you don't live in Canada. (This rule is only for Citizens not for PR's)

You have to show a proof that you will be going back to Canada with your partner and stay with him in Canada. (If you have property and money in the bank account in Canada, those will be a good evidence)

Your sponsorship is for 3 years. During this 3 years your partner can not apply welfare, etc.

Good luck!

 

[OhCanadiana]

Thanks for your feedback. It also says I need to show that I've been earning a certain minimum income in the past year... He's been working, I've been writing my book. I'm a meteorologist, and had no problem finding work as one in Canada, but the job market is not the same in the US. If i've been essentially unemployed, do they look at the fact that I had a job while in Canada? If he can work immediately upon arriving in Canada, then why would they be so concerned about me being the one to support us both?
thank-you,
Laura

If you are just sponsoring your spouse, you are exempt from the minimum income requirements. They will look for a plan to ensure you can support yourselves (savings, job offers, a solid plan) so you don't end up relying on welfare.

See section 5.33 of IP-2
"5.33. Exception to minimum necessary income requirement
The ability to meet the minimum income requirement is mandatory, unless the
sponsor is sponsoring a spouse, common-law partner, conjugal partner or a
dependent child where the child has no dependent children of their own. This
exception also applies to persons under the age of 18 whom the sponsor intends to
adopt in Canada."
Source: http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf

 

[scotiansailor]

Thank-you.

So after 3 years, can he then become a Canadian Citizen?

And I'm completely lost trying to determine which of the fees in the list I am required to pay. Any insight? I'm assuming we have to pay:
1)Right of Permanent Residence Fee...

but then what is Permit Holder's Class versus Family Class? I'm assuming I need only look at family class and therefore pay:
2)Sponsorship application and
3)Principal applicant

then also pay for the card itself I guess:
4)Permanent Resident Card

Am I interpreting the Fee list properly? Am I missing anything? I would think our case is fairly straight-forward. Just to remind you:
I'm a Canadian Citizen, he is an American Citizen, we were married in Florida 2 years ago, and we want to move back to my home province. We don't have kids, neither of us have ever been on welfare in either country, he's never been without work, and I've only been unemployed when 1) I first moved to Fl and I was not yet legal to work and 2) the past few months while I finished my book (from which I'm slowly seeing some return...) He's 29, I'm 32. I guess that last bit is neither here nor there... guess I am concerned about the proof of income thing still...

 

[Leon]

If he lives in Canada for 3 years after getting his PR (1095 days) he can apply for citizenship but he still needs to pass the test and take the oath. US allows dual so he can have both. Keep in mind that as a US citizen, he must always file taxes in the US though, even though he is living and working in Canada. There is however a tax treaty between the US and Canada so he will not be taxed double.

As for the income requirements, they ask for your income but if your husband is the breadwinner, there is also nothing against writing a cover letter stating that he is the breadwinner and showing proof of his income too. They can also see in his background history that he has never been jobless and as he is American, the language will not be a problem for him so there is no reason for them to think that he will suddenly not want to work anymore when he gets to Canada.

 

[scotiansailor]

Interesting, I did not know that about the tax filing. So, if he's not paying taxes to the Canadian gov't, then is he still entitled to the same health care as a canadian citizen/resident?

 

[Leon]

Interesting, I did not know that about the tax filing. So, if he's not paying taxes to the Canadian gov't, then is he still entitled to the same health care as a canadian citizen/resident?

He will be paying taxes to the Canadian government because he must file in Canada too. If Canada is where he works, Canada will take their taxes first. Then he files in the US and if the US tax would have been more, they can ask him to pay what is over. If the US tax would have been less than what he already paid in Canada, then he pays nothing to the US. That is what a tax treaty is.

Health care is not tied to taxes but residence. If you live in Canada as a PR or a citizen, you have the right to health care even if you are not working and not paying any taxes.

 

[softwon]

Hello,
I am Canadian, and have an american husband, and we both live in Texas. I would like to apply to sponsor him as my spouse, so we can one day move to Canada permanently. Can some one tell me what exact forms we need to fill out so that we can apply and he will be able to work once we move there as I am retired and only have an income of $1,000.00 a month. Also after my husband has his PR card how long do we have to move back to Canada, is there a time limit?
Thanks Linda

 

[Leon]

Hello,
I am Canadian, and have an american husband, and we both live in Texas. I would like to apply to sponsor him as my spouse, so we can one day move to Canada permanently. Can some one tell me what exact forms we need to fill out so that we can apply and he will be able to work once we move there as I am retired and only have an income of $1,000.00 a month. Also after my husband has his PR card how long do we have to move back to Canada, is there a time limit?

You can find the forms here: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-how.asp but immigration does not like you sponsoring a spouse for PR while both of you are living abroad unless you have concrete plans to move to Canada when your husband gets his PR. Therefore, they ask that you show that you have plans to move in order to process your application.

If you manage to show plans to move, your husband will get his PR visa and he must "land" in Canada to activate his PR status before the visa expires but he can return to the US after that. There are no consequences to not actually moving. In most cases a PR must accumulate at least 730 days (2 years) in Canada in any 5 year period but one of the allowed exceptions is that he is accompanying a Canadian citizen spouse so as long as you are living together somewhere, he can not lose his PR status due to not living in Canada.

However, if you fail to show in your sponsorship application that you have plans to move to Canada when he gets his PR, you would have to move to Canada before you can sponsor him. He could come with you as a visitor and stay for up to 6 months or extend and stay longer but he would not have health care in Canada or be able to work until he gets his PR.

 

[softwon]

thanks for your reply, we plan on purchasing a home in Canada but as for the forms there are so many on the site that I am dizzy from trying to figure out all we have to fill out ..ugh

 

[softwon]

From other comments on here it sounds to me like you can apply from out side of Canada and once the PR is approved you can move to Canada and my husband could work right away.That is if I am understanding this right.

 

[Leon]

From other comments on here it sounds to me like you can apply from out side of Canada and once the PR is approved you can move to Canada and my husband could work right away.That is if I am understanding this right.

A Canadian citizen is allowed to sponsor a spouse while not living in Canada. They are however required to show plans to move to Canada when their spouse gets PR. Such plans could be having arranged housing, having a job offer etc. If immigration is not convinced of your plans, they can refuse your application. If they are convinced of your plans, your spouse would get PR and can move to Canada and work right away, has the right to health care and pretty much every right except to vote.