Common-law in Canada - Financial Evaluation

[letmein2017]

I am a Canadian citizen (born here) that plans on sponsoring my Chinese common-law girlfriend. I will be going through the Common-law in Canada application process .

I have a child (Canadian citizen) with my common-law girlfriend that came here on a study permit that lasts until August 2018 (she already completed her studies). The child lives with us.

She has two parents at home in China that do not plan to immigrate to Canada.

Im not even sure if the minimum income requirement applies to me, but if it does, I am not sure about the following:

1. I have a question as to whether or not I am still required to have her two parents listed in her IMM008 application, and especially to have them included in any financial evaluation on my part. If they are excluded, do they not count in the financial evaluation due to my choice not to have the declared as family? I know they will be excluded from being able to be sponsored in the future.

2. It is difficult to figure out the minimum necessary income requirement of me (three tables with two sets of different context...). Is my family unit considered 2 (and her separately as primary applicant), 3, or 5 people (including her parents)?

3. When, if ever, does the IMM1283E financial evaluation come into play during the application process? Are there other financial evaluation forms I may encounter?

4. Does receiving the UCCB count as social assistance (Trillium, GST rebate, etc)? What government programs are directly considered social assistance (Ontario/Federal)? Its not listed anywhere and is very vague.

5. I heard that it is not possible to deny a sponsorship due to lack of income. My last two years for income were purposefully lacking for tax efficiency (I keep assets within corporations). I have quite a sizeable amount of assets and have no issue taking care of both of them, but I wonder how immigration goes about looking at this information.


Any insights would be GREATLY appreciated and alleviate at least some stress. Thanks.

 

[kailu]

1. No they are not included as being sponsored for the IMM0008, the part that they should be included on is the IMM5406 (Additional family information) Also, as far as the IMM0008 goes, you should be listing as only 1 on the application. She is the only one being sponsored.

2. There is no minimum when you are sponsoring a spouse, or common law, and you don't fill out the 1283. (outlined in bold below)

"Financial Evaluation form (IMM 1283)
View form IMM 1283
Complete this form if you are sponsoring a dependent child who has a dependent child of his or her own.
For complete instructions, see Guide IMM 5482 – Instruction to fill the Financial Evaluation form (IMM 1283)."

3. For common law, they ask you to submit a letter from your place of employment, (hours/salary etc) as well as current NOA or Option C- proof of income statement. (this is all listed under the checklist portion for the sponsor on the IMM5533)

4. UCCB is not considered social assistance. They look to make sure you are not on welfare. (They even approve sponsors on disability)
5. They do not deny spousal/common law based on income, that is correct. How they go about doing this, I am not 100% so I am of no use there.


On a side note, generally the bigger obstacle with common law is proving you have been living together 12 months (or more). You have to have physical proof. Joint lease, bank account, utility bills etc. from when you started living together , or at least starting 12 months ago. Even bills that are addressed to the same address are accepted. Just have to show the dates correspond.

Anyway here is your list of things (there are no dependents as went over, so you skip the IMM0008DEP and IMM1283 since only required if sponsoring a Dependent)
Requirements – Spouse and dependent children (if applicable)
Application guide

• Our Basic Guide (IMM 5525) has information on how to prepare and submit your application.
• Detailed information such as how to fill out the forms, is in the Complete Guide (IMM 5289).

Checklist

• Document Checklist – Spouse (including dependent children of spouse) [IMM 5533] Updated – June 2017
  • Use your checklist to make sure you include all the forms and documents you need.
  • Place the checklist on top, as a cover page for your application package

Forms for the sponsor to fill out

• Application to Sponsor, Sponsorship Agreement and Undertaking (IMM 1344) June 2017
• Sponsorship Evaluation and Relationship Questionnaire (IMM 5532) April 2017
• Use of a Representative [IMM 5476] September 2015

For the person being sponsored (principal applicant):

• Generic Application Form for Canada [IMM 0008] June 2017
• Additional Dependants/Declaration [IMM 0008DEP] August 2014
• Additional Family Information [IMM 5406] September 2013
• Schedule A – Background/Declaration [IMM 5669] December 2016
  • Don’t submit the Schedule A form with your application.
  • Fill it out and save an electronic copy.
  • We’ll tell you when to send it to us through your online account.
• Use of a Representative [IMM 5476] September 2015

Country specific requirements
Canada - Additional forms for residents

• There are no extra forms for this country.

Canada – Instruction(s) for documents

• There are currently no special instructions for documents for this country.

China (People’s Republic of) – Instruction(s) for documents

• Persons born in the People’s Republic of China since 1996 must submit a notarized copy of the original Medical Certificate of Birth issued by the Ministry of Health of the People's Republic of China. (If this is not available, you must submit an explanation as to why this document cannot be submitted.)
• For residents of the People’s Republic of China (PRC), a kinship certificate is not acceptable as proof of relationship.
• If you hold a passport from this country, you and your family members included in the application must provide:
  • The household register called the “hukou”.
  • Proof of marital status for children 16 years of age and older.
• For divorces obtained in the Special Administrative Region of Hong Kong, please provide an “Absolute nisi decree”.
• If residing in this jurisdiction (or another jurisdiction where Chinese is used for mail delivery):Where indicated, provide your address in Chinese characters as well as in Pinyin or English, including postal code. The mailing address you provide must be the residential address of a person or the business address of a firm. A post office box number is not acceptable.