Disable who wants to Sponsor

[BASKITO]

I have a friend who is Canadian and disables and on disability allowance and wants to sponsor is spouse who is currently visiting. They are married now and have been living together for a year plus. she had a legal marriage back home in the Phillipines but she has been separated from the husband for almost 4 years (since divorce is not allowed in the philipines) she has a son who is 20 yrs and schooling in Canada, another son who is 18 and lives in the Phillipines (who was convicetd for theft and got 9 months sentence) and a daughter who is a single mother and has a child. Who can she put as her dependants and does the Sponsor need the minumm necessary income to be able to sponsor if so what is the MNI he needs to have.

 

[scylla]

Yes - he can sponsor her. Their marriage in Canada will not be recognized since she is still married in the Philippines. However if they have lived together for a minimum of one year and can prove it, he can sponsor her as a common law partner. She can include the 18 year old son as a dependent in the application (provided the application is received by CIC before he turns 19). The other children are too old and aren't classified as dependents. The 18 year old's criminal record is going to create problem and he ultimately won't be able to immigrate with his mother. He's inadmissible to Canada at this time due to his crime and won't qualify for rehabilitation until five years have passed since he completed the 9 month sentence. By the time he qualifies for rehabilitation and goes through the process, he will be too old to be sponsored. So the mother can effectively come on her own. She cannot bring her children with her. They will have to qualify to immigrate on their own.

 

[BASKITO]

Thanks. I forgot to add that the daughter who is was married before and has a child and is now a single mother. She is 17 years old. Can she be sponsored as a dependant child and does the Sponsor need to have the Minimum Necessary Income to be able to sponsor his spouse and her dependant children?

 

[scylla]

In that case the daughter can be sponsored provided she is legally divorced or legally separated (or her husband is deceased).

There's no minimum income to sponsor. HOWEVER, since your friend will be sponsoring several people, CIC may be concerned with his financial status and may ask for proof of how he intends to support his family without having them rely on assistance. While there is technically no income requirement to sponsor a spouse and dependent children and while technically you can be on disability and still sponsor - we have seen sponsors refused when CIC has concerns about their financial situation. I think this is one of those cases where this could very well happen and he will want to provide information/evidence of how he's going to support his family without relying on additional assistance. If his wife is in Canada on a legal work permit and is working, that would help things.

 

[Rob_TO]

Thanks. I forgot to add that the daughter who is was married before and has a child and is now a single mother. She is 17 years old. Can she be sponsored as a dependant child and does the Sponsor need to have the Minimum Necessary Income to be able to sponsor his spouse and her dependant children?

How were they married if she could not get divorced from previous husband?? Did they do a formal marriage and she put she was single on her marriage application? Or was the marriage just a religious/non-legal ceremony?

 

[BASKITO]

I guess she said she was not married since there has been a physical separation from the huaband for about 4 years so technically that marriage is dead even though not legally and this is can be understood since divorce is not an option where she comes from in the Phillipines.

 

[Rob_TO]

I guess she said she was not married since there has been a physical separation from the huaband for about 4 years so technically that marriage is dead even though not legally and this is can be understood since divorce is not an option where she comes from in the Phillipines.

In that case they have most likely committed a criminal offence (Bigamy). Physical separation is not enough to get married again. I would talk to an immigration lawyer.
http://yourlaws.ca/criminal-code-canada/290-bigamy

 

[BASKITO]

Thanks. The daughter was not married to her former spouse or common law partner. They were only living together and after the baby wa born and he did not accept ownership of the child, the spouse moved into her mothers house and has looked after the child alone as a single mother. On the minumum necessary income or LICO, the regulation states that the spouse would be exempt from the MNI if:-

Exception to minimum necessary income

(4) Paragraph (1)(j) does not apply if the sponsored person is

(a) the sponsor’s spouse, common-law partner or conjugal partner and has no dependent children;

(b) the sponsor’s spouse, common-law partner or conjugal partner and has a dependent child who has no dependent children; or

(c) a dependent child of the sponsor who has no dependent children or a person referred to in paragraph 117(1)(g).

That's why I think the spouse need the MNI

 

[scylla]

Ah - it looks like you're right about MNI since the daughter has a child of her own. In that case he'll have a problem on his hands since he's on disability.