Common Law sponsorship, income question

[chrismgallen]

Hi,

I am a UK citizen currently in Canada on a temporary work permit (International Experience Canada), and currently live with my Canadian common-law Partner and British/Canadian Son.

My Partner is planning to sponsor me toward permanent residency, however we are having a difficult time understanding some of the requirements regarding employment and income.

At present, she is not employed and herself and my Son are financially dependent upon me (as they also were in the UK), and therefore she does not have any income to speak of.

As common law partners, does she need to have a large income or are we exempt from this rule?
Does having a child (together) affect this in any way?
Will her being unemployed negatively affect this?

I'm sorry for there being so many questions! We're just starting out as a family and would really like to get this permanent residency out of the way just as soon as possible! Thank you for your help guys!

 

[MissDominica]

There is no minimum income requirement to sponsor a spouse. If the child needs to be sponsored, then there will be an income requirement. If the child was born in Canada/does not need to be sponsored, you have no minimum income requirement.

However, the officer will want you to prove that the applicant/child/family will be supported if need be. The sponsor is responsible for paying back to the government any welfare, etc that the applicant may need to go on over 3 years. So if the sponsor is not working at all, the officer may have questions as to how the family would be supported if you (the applicant) ever becomes unemployed, etc.

So no, you will not be rejected for having a sponsor with no income (as long as the child does not need to be sponsored), but the sponsor will have to write something about how the family will be financially supported should something unexpected happen. They do not want the applicant to go on welfare, especially when the sponsor is not working and would have no way of paying it back.

 

[frege]

Hi,

I am a UK citizen currently in Canada on a temporary work permit (International Experience Canada), and currently live with my Canadian common-law Partner and British/Canadian Son.

My Partner is planning to sponsor me toward permanent residency, however we are having a difficult time understanding some of the requirements regarding employment and income.

At present, she is not employed and herself and my Son are financially dependent upon me (as they also were in the UK), and therefore she does not have any income to speak of.

As common law partners, does she need to have a large income or are we exempt from this rule?
Does having a child (together) affect this in any way?
Will her being unemployed negatively affect this?

I'm sorry for there being so many questions! We're just starting out as a family and would really like to get this permanent residency out of the way just as soon as possible! Thank you for your help guys!

There is no income requirement, except that you need to look like you'll be able to support yourselves as a family once you have PR. (This would be the case even if your son weren't a Canadian citizen.) To evaluate that, they're allowed to take into account your earning potential as well as hers, and any help you'd receive from family, etc.

Having a child together will virtually eliminate any suspicion of a relationship of convenience, which will prevent possible processing delays. There is still some potential for these, however, because as common-law partners rather than spouses, you need to prove cohabitation.

There is one caveat - she can't go on welfare at any time during the sponsorship process.

How long is it until your current work permit expires?

 

[chrismgallen]

There is no income requirement, except that you need to look like you'll be able to support yourselves as a family once you have PR. (This would be the case even if your son weren't a Canadian citizen.) To evaluate that, they're allowed to take into account your earning potential as well as hers, and any help you'd receive from family, etc.

Having a child together will virtually eliminate any suspicion of a relationship of convenience, which will prevent possible processing delays. There is still some potential for these, however, because as common-law partners rather than spouses, you need to prove cohabitation.

There is one caveat - she can't go on welfare at any time during the sponsorship process.

How long is it until your current work permit expires?

Thanks for your reply!

Well I will be working at the time of sending the application so I was planning on sending a letter of explanation in addition to everything else justifying that income as well as listing all support available to us (we're fortunate in that both our families have offered to assist us should the need arise). We're also living in a property that her mother owns at present and as a result paying very little in rent and utilities, though I'm not sure how that affects things.

Yes, I thought that having a child might slightly ease our application, though the idea of proving cohabitation is slightly daunting. Back in the UK we didn't really have anything in joint names (bills, rent etc) and we've only recently moved to Canada. Am I correct in thinking that we should just supply as much information as possible even if not requested? I was thinking of sending photos, letters from those who were aware of our relationship (for example relatives, coworkers etc), or would that likely be overkill?

My current work permit ends in July 2014.

Sorry if I sound like I'm overthinking this but I'm just scared we'll mess something up, and with no right to appeal when you apply from in Canada that's the very last thing that I would want!

 

[canuck_in_uk]

Having a child together will virtually eliminate any suspicion of a relationship of convenience, which will prevent possible processing delays. There is still some potential for these, however, because as common-law partners rather than spouses, you need to prove cohabitation.

Actually, having a child isn't seen as proof of a genuine relationship. Have a look at this recent case http://canlii.ca/en/ca/fct/doc/2013/2013fc92/2013fc92.html. They had a child and were refused. The officer "concluded that the existence of a child did not itself establish the existence of a bona fide marriage" and refused them. The judge agreed with the officer and denied a judicial review.

The fact that the OP is British eliminates most suspicion of an MOC.

Yes, I thought that having a child might slightly ease our application, though the idea of proving cohabitation is slightly daunting. Back in the UK we didn't really have anything in joint names (bills, rent etc) and we've only recently moved to Canada. Am I correct in thinking that we should just supply as much information as possible even if not requested? I was thinking of sending photos, letters from those who were aware of our relationship (for example relatives, coworkers etc), or would that likely be overkill?

My current work permit ends in July 2014.

Sorry if I sound like I'm overthinking this but I'm just scared we'll mess something up, and with no right to appeal when you apply from in Canada that's the very last thing that I would want!

I suggest you apply outland through London. You can do this even while living in Canada, there is no issue with that. Outland is much faster, you can leave Canada during the processing if you need to, it has the right of appeal.

You must prove to them that you have lived together for at least a year. If you apply and can't definitively prove you are common-law, you will be denied; having a child won't change that.

You will need to provided 2 notarized letters from family or friends confirming your relationship. A few other letters would be good too, though they don't need to be notarized. Pictures, etickets and travel itineraries, matching passport stamps, mail to each of you at the same address, any mail with both your names on it. Also, evidence of mixed finances like transfers between your accounts, sharing expenses for your child, paying each others credit cards, the same bill payments coming out of each account in different months, etc.

 

[frege]

Actually, having a child isn't seen as proof of a genuine relationship. Have a look at this recent case http://canlii.ca/en/ca/fct/doc/2013/2013fc92/2013fc92.html. They had a child and were refused. The officer "concluded that the existence of a child did not itself establish the existence of a bona fide marriage" and refused them. The judge agreed with the officer and denied a judicial review.

This is why I used the word "virtually". You are doing roughly the same thing in saying "The fact that the OP is British eliminates most suspicion of an MOC" - you won't find this in any regulations or procedures. But in fact, having a child together is much more significant than being British.

Also, in the court case you mentioned, the issue was cohabitation, not genuine marriage. For in-Canada sponsorship cases, cohabitation is an explicit requirement. The judge said that since this requirement wasn't met, it wasn't necessary to decide the issue of genuineness. So the judgment isn't an endorsement of the decision of the officer on genuineness in that specific case.

Finally, let me quote the IRB legal reference on sponsorship appeals:

In Mansro the Immigration Appeal Division panel held that while typically the birth of
a child is an important factor in considering whether a marriage is genuine, the existence of a
child is not determinative, and in that appeal the lack of credible evidence from the appellant and
applicant was so striking that it overwhelmed the fact that there was a child of the marriage. In
Aujla (Sidhu) the panel found that absent exceptional circumstances, a reasonable person
accepts the existence of a child as proof of a genuine spousal relationship.

Source: page 13 of http://www.irb-cisr.gc.ca/Eng/BoaCom/references/LegJur/Documents/SpoPar06_e.pdf

 

[frege]

Yes, I thought that having a child might slightly ease our application, though the idea of proving cohabitation is slightly daunting. Back in the UK we didn't really have anything in joint names (bills, rent etc) and we've only recently moved to Canada. Am I correct in thinking that we should just supply as much information as possible even if not requested? I was thinking of sending photos, letters from those who were aware of our relationship (for example relatives, coworkers etc), or would that likely be overkill?

Focus on the cohabitation aspect of things, not so much the genuineness, for the reasons I mentioned. If she had some kind of visa for Britain and the dates you were in each country match up (as shown by passport stamps, visas, etc.), then I imagine they won't have any serious doubts. It's just a matter of satisfying them that you've made an effort to try and provide what they ask for. If they ask for something and you don't provide it, and you don't provide an explanation, they're entitled to draw a negative inference from that. You're also allowed to provide evidence they don't ask for, of course.

If you apply inland, it's a requirement that you be cohabiting in Canada from the day you apply until the day you become a PR. So if you had to return to Britain to work, an inland application would automatically be terminated, whereas an "outland" one wouldn't.

There's a page with useful information on what to include in an application, written by an immigration lawyer. You can find it by Googling "spousor your spouse for Canadian permanent residence" (sic).

You should expect the first stage of the inland process ("approval in principle" or AIP) to last about ten months. It used to take six months. After approval, you receive an open work permit, allowing you to work for any employer. (You have to have included an application for an OWP with your PR application.) In cases considered suspicious, it can take years, but in your case this is unlikely.

Ordinarily, a work permit is automatically extended when you apply inland. That is, it remains valid until your application for an open work permit. During this time you're said to have "implied status" in Canada. This is why inland is usually better for people with work permits.

However, IEC work permits aren't extendable, and the general understanding on the forum is that CIC doesn't consider their validity to be extended by a new work permit application. So in this case, after July 2014, you would only have visitor status until you received AIP. Until you received AIP, you could stay in Canada but not work.

You can either take a chance that you'll have to stop working, or you can try to change your work permit to a different category, which could be extended. This would require the cooperation of your employer to make a federal or provincial work permit application for you. I don't know too much about this kind of application, but usually there's a procedure (obtaining an "LMO") where the employer proves that there's no Canadian who can fill the job. However, since you're already working in the position, it's conceivable that this could be relaxed or simplified. I don't have any knowledge about these procedures.

In the unlikely event that your sponsorship application was delayed because of any suspicions, with a work permit in a different category, you could keep working under implied status until a final decision was made on your PR, even if it took years.

Most "outland" applications through London are processed relatively quickly, so it may be advantageous for you to apply outland. If you're relatively certain you can meet the cohabitation and financial criteria, this is probably the best option. If you can't or don't want to change your work permit category, outland seems the best option, because returning to Britain to work and support your family would have no effect on the application.

 

[chrismgallen]

Focus on the cohabitation aspect of things, not so much the genuineness, for the reasons I mentioned. If she had some kind of visa for Britain and the dates you were in each country match up (as shown by passport stamps, visas, etc.), then I imagine they won't have any serious doubts. It's just a matter of satisfying them that you've made an effort to try and provide what they ask for. If they ask for something and you don't provide it, and you don't provide an explanation, they're entitled to draw a negative inference from that. You're also allowed to provide evidence they don't ask for, of course.

If you apply inland, it's a requirement that you be cohabiting in Canada from the day you apply until the day you become a PR. So if you had to return to Britain to work, an inland application would automatically be terminated, whereas an "outland" one wouldn't.

There's a page with useful information on what to include in an application, written by an immigration lawyer. You can find it by Googling "spousor your spouse for Canadian permanent residence" (sic).

You should expect the first stage of the inland process ("approval in principle" or AIP) to last about ten months. It used to take six months. After approval, you receive an open work permit, allowing you to work for any employer. (You have to have included an application for an OWP with your PR application.) In cases considered suspicious, it can take years, but in your case this is unlikely.

Ordinarily, a work permit is automatically extended when you apply inland. That is, it remains valid until your application for an open work permit. During this time you're said to have "implied status" in Canada. This is why inland is usually better for people with work permits.

However, IEC work permits aren't extendable, and the general understanding on the forum is that CIC doesn't consider their validity to be extended by a new work permit application. So in this case, after July 2014, you would only have visitor status until you received AIP. Until you received AIP, you could stay in Canada but not work.

You can either take a chance that you'll have to stop working, or you can try to change your work permit to a different category, which could be extended. This would require the cooperation of your employer to make a federal or provincial work permit application for you. I don't know too much about this kind of application, but usually there's a procedure (obtaining an "LMO") where the employer proves that there's no Canadian who can fill the job. However, since you're already working in the position, it's conceivable that this could be relaxed or simplified. I don't have any knowledge about these procedures.

In the unlikely event that your sponsorship application was delayed because of any suspicions, with a work permit in a different category, you could keep working under implied status until a final decision was made on your PR, even if it took years.

Most "outland" applications through London are processed relatively quickly, so it may be advantageous for you to apply outland. If you're relatively certain you can meet the cohabitation and financial criteria, this is probably the best option. If you can't or don't want to change your work permit category, outland seems the best option, because returning to Britain to work and support your family would have no effect on the application.

Hey, thanks for the advice.

You're right, certainly the cohabitation is where I need to focus, but equally it'll be the most difficult to prove for the reasons I stated above. I guess we'll just have to find as much as possible to tie us to that address. I'm sure we both have stuff linked to that address in one way or another hopefully. Unfortunately as my partner didn't actually have a bank account for much of the time there, there really isn't much in the way of bills etc. Visa dates and passport stamps are a very good idea, thanks!

I was going to apply outland, but when I fill in the eligibility checker on the CIC website and tell it I'm in the UK it doesn't seem to think I'm eligable for PR. Changing my current location to Canada makes it tell me that I am. Very confusing.

I'll have to look into my work permit. You're correct, it cannot be extended, thought that said I can reapply for the same program for a second year should I wish (though I'm unsure whether I would need to do that before I send off my PR application...).

Thank you for the advice and information! This whole thing is a bit of a minefield and I'm still trying to get my head around it so everyones posts here are really helping!

 

[frege]

Hey, thanks for the advice.

You're right, certainly the cohabitation is where I need to focus, but equally it'll be the most difficult to prove for the reasons I stated above. I guess we'll just have to find as much as possible to tie us to that address. I'm sure we both have stuff linked to that address in one way or another hopefully. Unfortunately as my partner didn't actually have a bank account for much of the time there, there really isn't much in the way of bills etc. Visa dates and passport stamps are a very good idea, thanks!

Google the page I mentioned. It's very good.

Ultimately, if you don't have much documentary evidence of at least a consecutive 12-month period of cohabitation, and the reasons you don't have it seem plausible, then credible statements you make in an interview or before an appeal panel also constitute evidence.

I was going to apply outland, but when I fill in the eligibility checker on the CIC website and tell it I'm in the UK it doesn't seem to think I'm eligable for PR. Changing my current location to Canada makes it tell me that I am. Very confusing.

Yes, quite confusing. I can't see any reason here that would make a difference.

I'll have to look into my work permit. You're correct, it cannot be extended, thought that said I can reapply for the same program for a second year should I wish (though I'm unsure whether I would need to do that before I send off my PR application...).

You can apply for a second IEC, but you would need to leave the country to do it, as the two IEC periods are required to be discontinuous. This might be dangerous with an inland application because of the requirement that you cohabit in Canada throughout the process. Also, it can be difficult to re-enter the country with an inland application in process, particularly before AIP, and very much if CIC has any concerns about the PR application.

It will take a good deal of time and effort to sort out the work permit, and there are no guarantees ahead of time. If you're ready to apply for PR now, I think the best thing will be outland.