CIC Spouse Sponsorship Requirements

[dsouzakrislyn]

Hi,

I would appreciate if anyone could provide an informative input into the process for sponsoring spouse after principal applicant (myself) has already received Permanent Residency. I have recently decided to get married in January 2018 and would be leaving for Canada by March 2018. Hence, I would like to enquire about the following :

1. When and how it would be appropriate to inform CIC of marital change?
2. Would it be ideal to notify and start the process of sponsoring spouse before my departure or after migrating to Canada ? Which one would be quicker and easier to complete? Would it affect my current PR status?
3. Is there any minimum income requirement and/or proof of funds for sponsoring spouse?
4. How long does the process take between submission and acceptance of application?
5. In this case, spouse will be living outside of Canada, would the application fall under "Family Class Sponsorship" or "Spouse or common-law partner in Canada class". ?

Assistance much appreciated!
-K

 

[evdm]

Have you already "landed" in Canada. Your post says that you are only leaving for Canada in March, but have you "activated" your PR status by completing the formalities at the border or an inland CIC office and been issued your PR Card?

To answer your questions as best I can:

1. If you haven't already landed as described above, the letter that accompanies your CoPR will probably state something along the lines that you must inform the visa office/CIC immediately in the case of any changes to your marital status. Considering your wedding (January) is before you (I assume) become a PR (March) you will have to inform the visa office before you depart for Canada. Failure to do so may result in serious consequences. It may even affect your own PR application if you don't land before you are married. However, if you've already landed and gotten your wallet-sized PR card this shouldn't apply to you.

2. For you to sponsor your spouse as a PR (and not a Canadian Citizen), you must physically be in Canada. If you are still able to come to Canada as a PR considering answer 1, above, you will need to wait to apply only after you are in Canada.

3. You will need to sign an undertaking that you will support your spouse and you will need to provide evidence to convince a Visa Officer that you will not rely on any welfare programmes (with the exception of disability). Generally, this means you will need to show that you have an income in Canada or funds.

4. The length of time depends on a variety of factors. IRCC expect to process 80% of cases within 12 months; so as long as you submit everything on time and your case isn't subject to any extra scrutiny or an interview, you should expect the process to last 12 months; though, many if not most cases are completed before that timeframe.

5. If your spouse is outside of Canada, you will fall under the Family Class outside of Canada, so, on IMM5533 you would select that your spouse (the principal applicant) is living outside of Canada.


You are not a Permanent Resident until you officially "Land" at a Canadian port of entry; it is your duty to inform IRCC/the Visa Office about the change in your circumstances before you "land." It may even affect your current application as your spouse will likely have to go through a background and medical check even though they are not accompanying you at this time (though I'm sure other members here can explain more about this as I am not sure).

In addition to potentially not being able to sponsor your spouse, failure to declare your spouse before you leave for Canada may even lead to the refusal of your PR when you enter Canada, or it being revoked and you being made to leave Canada (and not able to return for an amount of time) if discovered afterward. You do not want to misrepresent your situation, do not take any chances.

 

[dsouzakrislyn]

Have you already "landed" in Canada. Your post says that you are only leaving for Canada in March, but have you "activated" your PR status by completing the formalities at the border or an inland CIC office and been issued your PR Card?

To answer your questions as best I can:

1. If you haven't already landed as described above, the letter that accompanies your CoPR will probably state something along the lines that you must inform the visa office/CIC immediately in the case of any changes to your marital status. Considering your wedding (January) is before you (I assume) become a PR (March) you will have to inform the visa office before you depart for Canada. Failure to do so may result in serious consequences. It may even affect your own PR application if you don't land before you are married. However, if you've already landed and gotten your wallet-sized PR card this shouldn't apply to you.

2. For you to sponsor your spouse as a PR (and not a Canadian Citizen), you must physically be in Canada. If you are still able to come to Canada as a PR considering answer 1, above, you will need to wait to apply only after you are in Canada.

3. You will need to sign an undertaking that you will support your spouse and you will need to provide evidence to convince a Visa Officer that you will not rely on any welfare programmes (with the exception of disability). Generally, this means you will need to show that you have an income in Canada or funds.

4. The length of time depends on a variety of factors. IRCC expect to process 80% of cases within 12 months; so as long as you submit everything on time and your case isn't subject to any extra scrutiny or an interview, you should expect the process to last 12 months; though, many if not most cases are completed before that timeframe.

5. If your spouse is outside of Canada, you will fall under the Family Class outside of Canada, so, on IMM5533 you would select that your spouse (the principal applicant) is living outside of Canada.


You are not a Permanent Resident until you officially "Land" at a Canadian port of entry; it is your duty to inform IRCC/the Visa Office about the change in your circumstances before you "land." It may even affect your current application as your spouse will likely have to go through a background and medical check even though she is not accompanying you at this time (though I'm sure other members here can explain more about this as I am not sure).

In addition to potentially not being able to sponsor your spouse, failure to declare your spouse before you leave for Canada may even lead to the refusal of your PR when you enter Canada, or it being revoked and you being made to leave Canada (and not able to return for an amount of time) if discovered afterward. You do not want to misrepresent your situation, do not take any chances.

Hi ,

Thank you for the information. However I would just to like clarify a few things:

1. It is correct that I am yet to land in Canada and not really a PR . Does this mean sponsorship is only possible after receiving the PR card?
2. If I do decide to get married in Jan and notify CIC about the change in marital status would this affect my application negatively even though I wouldn't be applying for spouse sponsorship immediately (as mentioned by you only once I have settled in Canada).?
3. Would you by any chance know the minimum income requirement in this case, if any?
4. If I were to get married in Jan, would that leave me enough time to notify and CIC to acknowledge my change in status? I personally would not want to risk getting married if time constrains.
5. As mentioned by you the process takes 12 months..is there any way my spouse could leave the same time as me ..as a visitor/ temporary resident?

 

[dsouzakrislyn]

"It may even affect your current application as your spouse will likely have to go through a background and medical check even though she is not accompanying you at this time"

Could someone please provide comments on this statement? Would he still need to go through background and medical checks even if he is not being sponsored at the time of notification ?

I would really need to leave by March 2018 without any hindrances. Kindly advise accordingly.

 

[evdm]

Hi ,

Thank you for the information. However I would just to like clarify a few things:

[...]

1. You only become a PR once you have landed, in your case this will be once you have crossed the border into Canada (at the airport) and completed the formalities. You don't have to wait for the PR card, as you will be a PR from that time onwards, but I asked about it to clarify whether you had already landed or not. At the border, you will get the documents that confirm your status as a PR.

2. It is your responsibility to notify IRCC/the Visa Office of any change in your circumstance and immediate family (birth/marriage/death). Notification will likely open up your case for review. What the likely outcome of this will be, I cannot say. Others here may be able to offer you more insights.

3. I don't believe there is a minimum income requirement, but others would have to chime in to be certain.

4. Notification would have to take place before you leave for Canada, but I wouldn't wait too long until after you are married to notify. I hope that other people here can also give you advice on your circumstances.

5. Whether or not your spouse can visit you will depend on whether or not they need a visa and will be up to the visa office and/or the border guard at the point of entry. In theory, yes... but your spouse will have to show close ties to their home country and the intent to return. There are a number of threads here that can help you with this particular question. See for example:

• http://www.canadavisa.com/canada-immigration-discussion-board/threads/visit-to-canada-while-processing-application.105917/#post-1486894
  
• http://www.canadavisa.com/canada-immigration-discussion-board/threads/visit-visa-for-spouse.474270/

There are a few reports that visas (for those persons requiring TRVs) have been denied once a PR application is in-process, but there are also stories of those persons who have been successful. Key is showing that your spouse will return to their country of origin when they say they will and to show ties to that country that convince the officers that your spouse will not work or stay in Canada illegally. Being from a visa-exempt country does help in this case as it will only be the border guard who will need to be convinced, but be prepared to show proof of ties to your spouse's home country.

 

[dsouzakrislyn]

1. You only become a PR once you have landed, in your case this will be once you have crossed the border into Canada (at the airport) and completed the formalities. You don't have to wait for the PR card, as you will be a PR from that time onwards, but I asked about it to clarify whether you had already landed or not. At the border, you will get the documents that confirm your status as a PR.

2. It is your responsibility to notify IRCC/the Visa Office of any change in your circumstance and immediate family (birth/marriage/death). Notification will likely open up your case for review. What the likely outcome of this will be, I cannot say. Others here may be able to offer you more insights.

3. I don't believe there is a minimum income requirement, but others would have to chime in to be certain.

4. Notification would have to take place before you leave for Canada, but I wouldn't wait too long until after you are married to notify. I hope that other people here can also give you advice on your circumstances.

5. Whether or not your spouse can visit you will depend on whether or not they need a visa and will be up to the visa office and/or the border guard at the point of entry. In theory, yes... but your spouse will have to show close ties to their home country and the intent to return. There are a number of threads here that can help you with this particular question. See for example:

• http://www.canadavisa.com/canada-immigration-discussion-board/threads/visit-to-canada-while-processing-application.105917/#post-1486894
  
• http://www.canadavisa.com/canada-immigration-discussion-board/threads/visit-visa-for-spouse.474270/

There are a few reports that visas (for those persons requiring TRVs) have been denied once a PR application is in-process, but there are also stories of those persons who have been successful. Key is showing that your spouse will return to their country of origin when they say they will and to show ties to that country that convince the officers that your spouse will not work or stay in Canada illegally. Being from a visa-exempt country does help in this case as it will only be the border guard who will need to be convinced, but be prepared to show proof of ties to your spouse's home country.

Great, Many thanks for your input !

 

[dsouzakrislyn]

1. You only become a PR once you have landed, in your case this will be once you have crossed the border into Canada (at the airport) and completed the formalities. You don't have to wait for the PR card, as you will be a PR from that time onwards, but I asked about it to clarify whether you had already landed or not. At the border, you will get the documents that confirm your status as a PR.

2. It is your responsibility to notify IRCC/the Visa Office of any change in your circumstance and immediate family (birth/marriage/death). Notification will likely open up your case for review. What the likely outcome of this will be, I cannot say. Others here may be able to offer you more insights.

3. I don't believe there is a minimum income requirement, but others would have to chime in to be certain.

4. Notification would have to take place before you leave for Canada, but I wouldn't wait too long until after you are married to notify. I hope that other people here can also give you advice on your circumstances.

5. Whether or not your spouse can visit you will depend on whether or not they need a visa and will be up to the visa office and/or the border guard at the point of entry. In theory, yes... but your spouse will have to show close ties to their home country and the intent to return. There are a number of threads here that can help you with this particular question. See for example:

• http://www.canadavisa.com/canada-immigration-discussion-board/threads/visit-to-canada-while-processing-application.105917/#post-1486894
  
• http://www.canadavisa.com/canada-immigration-discussion-board/threads/visit-visa-for-spouse.474270/

There are a few reports that visas (for those persons requiring TRVs) have been denied once a PR application is in-process, but there are also stories of those persons who have been successful. Key is showing that your spouse will return to their country of origin when they say they will and to show ties to that country that convince the officers that your spouse will not work or stay in Canada illegally. Being from a visa-exempt country does help in this case as it will only be the border guard who will need to be convinced, but be prepared to show proof of ties to your spouse's home country.

Lastly would you know if the landing destination has to be the same as mentioned on CoPR? Does one run any risks of landing else where?

 

[evdm]

Lastly would you know if the landing destination has to be the same as mentioned on CoPR? Does one run any risks of landing else where?

As far as I know, you can land at any port of entry as long as it's within the designated opening hours of the office.