I need your advice

[Fromok]

I am in a desperate situation. My husband is Canadian citizen but he is not eligible for sponsorship. We do want to live in Canada. I have considered these following possibilities:

- apply under live-in caregiver program: my concern is if they will hold the fact that I am married to a Canadian citizen against me? This program is opened for people who wants to settle down in Canada and might apply for PR after earning 2 years of experience. However, I read here and there that they got denied because they cannot prove that they will come back to their home country after end of granted stay period.

- apply under skilled worker....with an arranged employment. This is possible, but chances are so small because it is difficult to find a job offer when you are still in a foreign country.

So...any of you could give me an idea or advice what I should do? Maybe it's something that I haven't thought about? Our relationship is genuine and we could work anything out together for a better future.

One more question: If I have a baby and my baby is Canadian (because the father is Canadian), will I be able to apply some how?

Please help...I am so stuck and desperate.

 

[Canuky]

Arranged employment is extremely difficult to get here especially if you live outside the country. Perhaps, it would be easier to register at a school like NorQuest College in Edmonton who have certificate and diploma courses in Nursing Attendants, and you should get a job without problem upon completion of the course.

Live-in care giver is also a possibility. Your husband as a Canadian citizen will obviously count against you in the officer's determination of your eligibility for a live-in care giver visa, but it is not a sole reason for refusal. You cannot be refused a temporary working visa to Canada because your husband is a citizen, absolutely No way!! You will have to ofcourse attend an interview, and its your ball game to prove to the visa officer that you will leave Canada once your temporary work visa expires, which is a VERY HARD thing to do if your husband is a citizen. Perhaps, travel history to USA or Europe might help your case.

 

[Canuky]

Having a baby who is a Canadian citizen is no ground for you to enter Canada. Your baby will have to sponsor you once he or she reaches the age of 18. However, if your husband can some how sponsor you to Canada and your sponsorship application is rejected for financial reasons, you can appeal on humanitarian or compassionate grounds on the best interest of the child, but I don't see you reaching this step until your husband gets a co-signer.

 

[bobshynoswife]

Your husband does not need a co-signer as there is not a LICO for sponsoring a spouse.

Why is your husband ineligible? Is that something that can be fixed soon?

 

[matthewc]

Hi,

Your husband can get a co-signer, someone who is his either a relative or friend who earns more than $41,000/yr before taxes. This co-signer will have to counter-sign on the sponsorship agreement with your husband. What this means is that, the Government of Canada is aware that your husband is unable to support you for 3 yrs, however, there is a third eligible party who is willing to support you. Should you come to Canada and seek social assistance, the government will go after the relative who co-sponsored you for the funds you seek. Its a delicate issue, thus, extremely hard to find a co-signer. Perhaps, your husband should ask his parents.

Arranged employment is extremely difficult to get here especially if you live outside the country. Perhaps, it would be easier to register at a school like NorQuest College in Edmonton who have certificate and diploma courses in Nursing Attendants, and you should get a job without problem upon completion of the course.

Live-in care giver is also a possibility. Your husband as a Canadian citizen will obviously count against you in the officer's determination of your eligibility for a live-in care giver visa, but it is not a sole reason for refusal. You cannot be refused a temporary working visa to Canada because your husband is a citizen, absolutely No way!! You will have to ofcourse attend an interview, and its your ball game to prove to the visa officer that you will leave Canada once your temporary work visa expires, which is a VERY HARD thing to do if your husband is a citizen. Perhaps, travel history to USA or Europe might help your case.

Canuky, there's so much wrong with this I don't know where to begin. Please only give advice to people if you're sure it's correct.

You can't have a co-signer on a spousal sponsorship. Not possible. The husband has to be the sponsor and must meet the requirements, but (as bobshynoswife said) there is no minimum income requirement for sponsoring a spouse, so unless the husband is bankrupt or claiming social assistance, he can sponsor you.

For LIC or skilled worker if you meet the requirements, having a spouse in Canada doesn't count against you, as long as you meet all the other requirements. (In fact for skilled worker it would give you extra points). It doesn't make any sense to go that route though, since your husband should be able to sponsor you.

As for the baby, IF your husband were (actually) ineligible to sponsor, but you applied anyway, proceeded through to refusal, and appealed, there is a very high likelihood of being approved on H&C. A co-signer is absolutely not necessary (or even possible) for that.

Fromok, what is the actual reason you think your husband isn't eligible to sponsor you?

 

[Fromok]

Thanks everyone for your quick response.

The reason my husband is not eligible to sponsor is due to his criminal history. And it wont be able to fixed in the next 10 years. It was a really pitiful accidence and I dont blame him for that. We are just trying our best and stay together, support each other...

I know that for spouse sponsoring, there's no co-sponsor, but Canuky probably wanted to be helpful....I just hope that it doesn't happen to ones who's not so good in dealing with this complicated matter and would believe in whatever they hear from others.

For skilled worker, the fact that I am married to a Canadian is not a problem. But for LIC, as you said, I have to meet all the requirements, and one of the requirements is I have to prove that I will leave Canada at the end of the granted stay. How could I do that if my husband is in Canada?

Do you actually know any case that appeal on similar basis (sponsorship refused, appeal and got accepted on Humanitarian grounds?)

Your further advice will be more welcome.

 

[Canuky]

This is a tough one, and no one here can give you the kind of advise you're seeking. Perhaps, he could apply for pardon at some point before the 10 yrs elapses......

Your best bet is to enter Canada through another legal means. Apply for admission into a college, and apply for a student visa. To my recollection, foreign students in Canada can work after 6 months of full-time studies provided they maintain a 2.5 or higher GPA. What city and province is your husband in, and I can walk you through applying for admission and getting a student visa. I came to Canada as a student, and now have my doctorate degree and Canadian citizenship.

G. luck

 

[Fromok]

Hi Canuky,

You may have been successful because you came as a student first and everything came later. Similarly, as for a student, you have to also prove that you will leave after you complete your study. I am stuck again.

Yes, I am looking for other legal means to come to Canada and that's why I am seeking advices and experience sharing in order to pick the most suitable/possible one for me.

Thanks!

 

[matthewc]

To be ineligible to sponsor, he would have to have been:

"convicted of a violent criminal offence, any offence against a relative or any sexual offence—depending on circumstances, such as the nature of the offence, how long ago it occurred and whether a pardon was issued"

So, not just any criminal history matters. Are you certain that applies to his situation? One option, which would take you about a month and cost you $75, would be to just go ahead and submit the sponsorship. If you tick the box to withdraw if the sponsor is found ineligible to sponsor, and he is refused, they would refund the PR processing fee. You may also want to get an opinion from an experienced immigration lawyer, but that would probably cost you more than $75.

I double checked, and there is no right of appeal under H&C grounds if the sponsor is found ineligible to sponsor. My mistake, sorry. You would have to file an H&C application from the outset to get them to take into account H&C considerations - that's something you should get professional legal advice about.

I'm fairly sure I read at least one case where an appeal went through despite the lack of a valid sponsorship, but I can't find it. Don't take my word on that. I've definitely seen cases where they've made it clear there is no H&C considerations, eg.:

http://www.canlii.org/en/ca/irb/doc/2007/2007canlii72902/2007canlii72902.html

 

[Fromok]

Dear Matthewc,

Thank you for your info. I am pretty sure about the eligibility of my husband. We have already checked with a lawyer and he confirmed.

Howabout the live-in Cagiver program, do you think I could have a good chance in this program? OR is it possible to apply on H&C grounds from outside of Canada?