How to sponsor spouse if I don't have income to show?!! (Stay-at-home mother)

[CanadianWife13]

I am a Canadian citizen married to an American since 2009. We have two kids under the age of two and I am a stay-at-home mother. My husband works for a company in the US but they would be willing to let him telecommute/work from Canada once we are able to move there. I am looking at IMM 1283 and trying to figure out whether he has to be a co-signer? Does this mean that I won't be able to sponsor him since I am not employed? Any advice would be much appreciated. Thank you

 

[Rob_TO]

I am a Canadian citizen married to an American since 2009. We have two kids under the age of two and I am a stay-at-home mother. My husband works for a company in the US but they would be willing to let him telecommute/work from Canada once we are able to move there. I am looking at IMM 1283 and trying to figure out whether he has to be a co-signer? Does this mean that I won't be able to sponsor him since I am not employed? Any advice would be much appreciated. Thank you

There is no minimum income requirement to do spousal sponsorship. CIC just wants to know how you intend to support yourselves, and that the applicant will not go on welfare after becoming PR.

I suggest getting a letter from his employer that he will be able to continue his employment from Canada after he moves here... and that should be sufficient enough for CIC.

 

[CanadianWife13]

Thanks Rob_TO.

We are hoping to move to Toronto next September. If we still have not received his PR card by then do you know if it is possible for my husband to wait in Toronto? We are eager to be close to my family again. I know that he would not be eligible to work for a Canadian company until receiving the PR card but could he continue teleworking for his US company while waiting?

 

[Rob_TO]

He can stay in Toronto with you as a visitor while his PR app is in process. He'll need to follow the rules for US visitors here (typically get a 6 month visa), and apply for extensions when needed. Until he gets full PR, make sure to always stress he's only visiting or staying temporarily whenever crossing the border.

As to tele-commuting from Toronto for his US job... sorry but not sure of any implications with that.

 

[CanadianWife13]

Ok thanks very much.

 

[screech339]

Thanks Rob_TO.

We are hoping to move to Toronto next September. If we still have not received his PR card by then do you know if it is possible for my husband to wait in Toronto? We are eager to be close to my family again. I know that he would not be eligible to work for a Canadian company until receiving the PR card but could he continue teleworking for his US company while waiting?

It is a tricky situation. Can your husband work inside Canada working for a american company? That I cannot say. I think it is best to have your husband contact his work immigration office and ask them what are his choices in being able to work inside canada in the form of tele-working. Is that legal to do while being a visitor in Canada? Immigration lawyers will have to sort as they are likely to know the rules.

Screech339

 

[Rob_TO]

Hi, this might give you some direction: http://www.cic.gc.ca/english/resources/manuals/fw/fw01-eng.pdf
5.1
What kind of activities are not considered to be “work”?
• An activity which does not really ‘take away' from opportunities for Canadians or permanent residents to gain employment or experience in the workplace is not “work” for the purposes of the definition.
Examples of activities for which a person would not normally be remunerated or which would not compete directly with Canadian citizens or Permanent Residents in the Canadian labour market and which would normally be part-time or incidental to the reason
that the person is in Canada include, but are not limited to:
• long distance (by telephone or internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada;

So according to this it sounds like it should be fine for your husband to work for his US employer via tele-commuting from Toronto, as the Canadian govt doesn't really classify it as "working" in Canada. However i'm no expert on the topic so best to get a 2nd opinion!

 

[CanadianWife13]

Thanks again Rob and Screech339 for taking the time to look into my question. Very much appreciated.