Fin Req'ts - Info from Call Center inconsistent with my understanding - pls help

[dfb]

The call center just told me that my husband (a stay-at-home parent) would have to be able to show he could support the family financially in order to sponsor me. I thought there was no minimum income requirement for this. The guy on the phone told me that they would want to see that he could support us if I lost my job. Any suggestions on how to prove this (send copies of his law school degree, copies of my Option C printout, since he has none).

This fact pattern is no different than a homemaker wife who wants to sponsor her husband - I have to imagine that this is not uncommon. I think people get confused when it is the husband who stays home to watch the kids.

I could instead apply for PR status as a skilled worker - I was just told that this would be easier.

 

[canuck_amuck]

As far as I have been told, and the consensus of the users on this forum, is this:

There is no financial requirement to sponsor your spouse, and your spouse only.
However, if you are also sponsoring any dependent children, then there IS a financial requirement.
Also, if either of you have dependent children (if they are immigrating or not), I think you still have to qualify for the financial requirement.

In my experience, that CIC call center is totally useless. I highly recommend not to use it. They have no experience of what actually goes on in the immigration process, or at the border, and on some subjects they seem to be terribly mis-informed.

For example, last year my wife (girlfriend then) and I were researching how to bring her to canada from the United States. Since she also wanted to study at my college, the CIC agent told us what we should do is pack up all her stuff, come across the border saying she will visit for six months, and then apply for a study permit from inside canada. We WERE going to get a study permit before hand, but noooo, the agent said this is the better way to do it, so we listened. Now, you are technically allowed to enter canada for six months at a time, but the untold story is that if you show up at the border with a car full of things saying you are staying for six months, they are probably not going to let you through. Infact my wife ended up getting banned from canada for a full year. Some help that call center was. So now six months and over ten thousand dollars later, she *might* be allowed to enter canada in 5-6 months.

Long story short, dont belive what the CIC call center tells you. Any immigration questions, ask them here. Any border questions, call the border directly or drive down to it and ask in person (thats what I do, they are very helpful).

I hope that helps!

 

[dfb]

Re: Fin Req'ts - Info from Call Center inconsistent with my understanding - pls

Thanks. We have two children, but they are Canadian citizens, so not part of the sponsorship application.

I just don't understand how they can say there is no minimum income requirement, yet you must be able to show you can provide financial support. This is exactly what the guy told me.

 

[frolic]

This is the item you are stuck on:
- you sign an undertaking promising to provide for the basic requirements of the person being sponsored and, if applicable, his or her family members;

How can he sign the agreement with no income?  Even if minimum requirements do not apply there is still some financial responsibility.

Might be easier and faster to fix that part of the equation and have him start working.  It may not be possible due to situation at home but should probably be considered. 

 

[dfb]

Without going into details, I make more than enough money to support the family financially. His situation is no different than a homemaker mom. The decision for him not to work is not based on his inability to do so, and because I make a lot of money, we have this luxury. The only reason he does not have a job is because we don't want the kids in full time day care at this point.

I still don't understand if this should impact the sponsorship process. We (actually I) pay a lof taxes to Canada and our family is in no way a drain on the system.

 

[frolic]

Regulations say:

A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor:
(j) has a total income that is at least equal to the minimum necessary income

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).

You should fit under item (b). If you told the Call Center not enough info, or they misunderstood then you might have gotten bad info. They might hear the first part of your story, Sponsor with no income, and decide the answer and not listen anymore.

Anyway those are the specific regulations for the rules on that.

 

[dfb]

This is my understanding, but the guy on the phone wouldn't budge. I will include a letter describing the situation and highlighting the relevant sections of the regulations. Thanks

 

[rgvinson777]

You are supporting your two children. (which I presume are from his previous relationship or marriage) You are supporting him also. Just be sure to write a detailed letter on how you came into the relationship. Why you an your husband have chosen to set your lives up this way. I doubt that immigration is going to rip the only source of income from two canadian children. Yours is a case of unique circumstances and I would think that it will be handled properly by the authorities. A good immigration lawyer might offer some insight on your situation. Keep in mind that going to a lawyer after the submission of your application could delay the process substantially.

Bravo, by the way, for keeping your kids out of daycare.

Best Wishes!!!

RGV

 

[frolic]

Well it IS a call center. Best to double and triple check things. They are sometimes not the brightest employees.

Hell...that is why I am actually reading regulations. Sorry I went off on a tangent at first there about the agreement.

And...just read your other thread, you are in country already on a work permit. Incomplete info leads to incomplete answers of course.

Probably best to tread carefully in that case. When is your work permit up? Would you get first stage of approval and your new work permit in time to keep working? Etc etc.

 

[dfb]

The children are mine and my husbands. There are no prior marriages or other children.

You are supporting your two children. (which I presume are from his previous relationship or marriage) You are supporting him also. Just be sure to write a detailed letter on how you came into the relationship. Why you an your husband have chosen to set your lives up this way. I doubt that immigration is going to rip the only source of income from two canadian children. Yours is a case of unique circumstances and I would think that it will be handled properly by the authorities. A good immigration lawyer might offer some insight on your situation. Keep in mind that going to a lawyer after the submission of your application could delay the process substantially.

Bravo, by the way, for keeping your kids out of daycare.

Best Wishes!!!

RGV

 

[dfb]

I still have 2.5 years on my work permit and my job will continue to renew it as needed.

Well it IS a call center. Best to double and triple check things. They are sometimes not the brightest employees.

Hell...that is why I am actually reading regulations. Sorry I went off on a tangent at first there about the agreement.

And...just read your other thread, you are in country already on a work permit. Incomplete info leads to incomplete answers of course.

Probably best to tread carefully in that case. When is your work permit up? Would you get first stage of approval and your new work permit in time to keep working? Etc etc.

 

[frolic]

So then you can continue to work, and attempt the sponsorship route without coming up against your work permit ending.

Since you make more than enough money, spend some on an immigration lawyer at least for a consultation. Perhaps your work can assist as well since it seems they are involved already.