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Canadian common-law partner unemployed sponsering British Citizen?..

canuck_in_uk

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May 4, 2012
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herewecome said:
And your income level is a lot more realistic :) and doable but as you say, a struggle. $150 is unrealistic.
We stayed with my parents for several months. We spent around about $250-$300/month, with about half that being on gas for our car. Without the car, our costs would have been down around $150/month.

You may see it as unrealistic but for some people, it's not. If they aren't paying for rent, food, utilities, internet/cable, transport or any other major costs, and they aren't big shoppers or into partying, then they could very well spend only $150 a month. And if the parents in England and in Canada have supported them with all their living costs, they would probably bail them out of a medical/dental emergency or something like that.
 

herewecome

Hero Member
Dec 18, 2012
271
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27-12-12
AOR Received.
17-01-13
File Transfer...
17-01-13
Med's Done....
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18-07-2013
It is unrealistic if you don't have the financial support of parents. If they do, they should include that. That's what I was saying.
 

amikety

VIP Member
Dec 4, 2011
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15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
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They can also take into account the applicants ability to work. She can write a statement about her plans to work in Canada as well. After all, the forms do ask for your "Intended Occupation" in Canada!
 

opmama

Star Member
Sep 3, 2012
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canuck_in_uk said:
You may see it as unrealistic but for some people, it's not. If they aren't paying for rent, food, utilities, internet/cable, transport or any other major costs, and they aren't big shoppers or into partying, then they could very well spend only $150 a month. And if the parents in England and in Canada have supported them with all their living costs, they would probably bail them out of a medical/dental emergency or something like that.
I've lived on $150 a month. It involved a tent and a lot of beans and rice :).

But my guess is that the CIC officer evaluating the application is going to see $150/mo as unrealistic. And that's the thing the OPs need to fight against - perception of the officer, not reality. The LICO for sponsoring one non-spouse person is an income of $28K/year. So while that standard isn't applied to spousal apps, it maybe gives some idea of what the CIC folks benchmark against, and $12,000 (OP's savings) is a long way from that level).

So I'd guess time would be better spent documenting in-kind support (free housing, etc), and plans for future employment, than trying to convince someone in Ottawa that living on $150 a month is doable.

But that's just one non-expert's opinion :)
 

amikety

VIP Member
Dec 4, 2011
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2-2-2013
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12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
opmama said:
But that's just one non-expert's opinion :)
We're all experts :p
 

mitten

Full Member
May 21, 2013
48
1
herewecome said:
And your income level is a lot more realistic :) and doable but as you say, a struggle. $150 is unrealistic.
It's not unrealistic as that is what we have been living on for the past 6 months, that's including all our food. As said above our accommodation etc is covered and we do not use anything else which costs money. We are going to do a breakdown of our financial situation and outgoing to explain why we don't have a lot more savings to cover us.
 

frege

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Jun 13, 2012
953
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Paris
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Pre-Assessed..
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01-05-2012
AOR Received.
none
File Transfer...
01-08-2012
Med's Done....
02-12-2011
Interview........
none
Passport Req..
28-11-2012 (copy only)
VISA ISSUED...
05-12-2012
LANDED..........
15-12-2012
I'd just like to clarify that in these situations, it's not the sponsor that's rejected; it's the applicant who is. That's evaluated by the visa office, although Mississauga may send them a note telling them to look into it, because they'll be aware of the sponsor's financial situation.

Here is what the manual OP 2 says:

"11. Procedure: Assessment of adequate arrangements

To determine whether an applicant satisfies A39 officers must assess whether the applicant is
able and willing to support himself/herself. If an applicant does not satisfy this requirement,
officers must determine if adequate arrangements have been made for support. In such a case,
the sponsor's situation, ability and willingness to assist and the duration of the undertaking, should
be taken into consideration, even in cases where the immigration officer did not form an opinion
on the undertaking (i.e., when financial requirements do not apply).
The requirements of A39 may be met if there are adequate arrangements for care and support.
This can include assistance from other than the sponsor (for example, other family members in
Canada)."

www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

"A39" here refers to section 39 of the IRPA:

"39. A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made."

In order to familarize yourself with the criteria used to judge this, it's helpful to have a look at Chapter 1 of "Sponsorship Appeals" by the Immigration Appeal Division (at p. 8, "Inadmissibility for Financial Reasons")

http://www.irb-cisr.gc.ca/eng/brdcom/references/legjur/Pages/SpoPar.aspx

and, especially, to read appeal decisions on this issue:

http://canlii.org/eliisa/search.do?text=%22adequate+arrangements%22&jurisdiction=ca&t=cisr&language=en&searchTitle=Canada+%28Federal%29+-+Immigration+and+Refugee+Board+of+Canada&searchPage=eliisa%2FcourtSearch.vm&sortOrder=date&requestedPage=1

Generally, the government tends to use section 39 with sponsors who have been on welfare frequently and come off of it just long enough to be eligible to sponsor, but it's conceivable they could use it with someone with a really low income. The employment potential of the applicant (i.e., the foreign spouse) is taken into account, such as ability to speak English/French, education level, and past work history, as well as any income sources such as family.

What you want to do is submit enough evidence to convince the government that they would lose an appeal if they rejected you on these grounds. If you intend to claim financial help from family members, in the event it was needed, you should probably get affidavits from them to include in your application.