income requirement for spouse sponsorship

[Silver77]

Yes, I am officially Canadian citizen


Prove the intentions means... the reason why I moved back home country ?

Once my spouse has her PR status... Do I have to move back to Canada with her right away?

can I keep working while she is at Canada?

 

[rhcohen2014]

Yes, I am officially Canadian citizen


Prove the intentions means... the reason why I moved back home country ?

Once my spouse has her PR status... Do I have to move back to Canada with her right away?

can I keep working while she is at Canada?

generally, cic wants to see that you and the pr will settle in canada right away. there has been 1 recent applicant who was denied because their plan was too far in the future. the approval is limited to a specific date, and she must "land" in canada before it expires.

depending on your relationship, yes she may have the "condition 51" on her approval, and must cohabitate with you for 2 years in order to maintain status. If you need to work in another country, she can live there with you to meet that requirement. If she chooses to do that, then i believe she will also need to live in canada for 2 out of 5 years to keep her status. If you have a child born before the application is received or have been married for 2 years, then this condition will not apply. As her sponsor, you are agreeing to be financially responsible for 3 years aftr she lands, and if she applies for welfare during that time - you are on the hook to pay it back. so I would imagine it's really best for the both of you to be here if she plans to stay after landing.

While it's not illegal to apply for PR just to move back somewhere else, ethically it's just not cool considering how many other applications are waiting in line for approval and are ready to settle now. If you don't have intentions to settle in canada immediately upon approval, then it's best to wait until you are ready to settle in canada before applying for pr.

 

[Silver77]

rhcohen ,thank you for your detailed answer. You have an information about the sponsorship.

Regarding to this topic, I have another question. I am granted Canadian citizen.

If my kid will born anywhere in the world, he/she becomes automatically Canadian citizenship?

 

[Gango is waiting]

rhcohen ,thank you for your detailed answer. You have an information about the sponsorship.

Regarding to this topic, I have another question. I am granted Canadian citizen.

If my kid will born anywhere in the world, he/she becomes automatically Canadian citizenship?

you have to apply for your child's citizenship in canada, you can call the CIC canada and they will send you the application kit for the citizenship. mostly they will do the DNA test finally and grant your child's citizenship.

 

[Gango is waiting]

For an Outland application even with out dependents without dependents however it seems that financial resources are part of 5481. I guess I can just get something from my work certifying my income for the last year.

I am in Canada as PR arrived in 2014 . I got a job with minimum wages.

I want to bring my wife ( dependent). We have 2 children. Elder one is studying in university who is not planning to immigrate now. The younger child is doing +1 there , and prefer to study in Canada. I need some information :

What is the procedure to bring my family ?
Shall they apply there in India or shall I apply in Canada?
Which one is better and faster?
How long will it take?
Can I apply by myself or through lawyer?
Shall they require proof of fund , if so-- how much dollars?

follow the income tables and chart here

http://www.cic.gc.ca/english/information/applications/guides/5196ETOC.asp#5196E9

for sponsorship approval they do not consider this but for the PR approval they will check your financial status

this is my suggestion and you can follow it or not
if you earn 12.75 per hour you have to work 8 hours and 6 days per week and
if you earn 15.50 per hour you have to work 5 days per week

 

[canuck_in_uk]

I am granted Canadian citizen.

If my kid will born anywhere in the world, he/she becomes automatically Canadian citizenship?

Yes, your child will be a Canadian citizen regardless of where s/he is born. You would need to apply for a Certificate of Citizenship for the child.

you have to apply for your child's citizenship in canada, you can call the CIC canada and they will send you the application kit for the citizenship. mostly they will do the DNA test finally and grant your child's citizenship.

Incorrect. The child would already be Canadian, so Silver77 would need to apply for PROOF of the child's citizenship, an entirely different application which can be done outside of Canada. There is no need to call CIC and have an application mailed out; this app is easily found on their website.

Also, DNA requests are pretty rare. The majority of these apps are approved without one.

follow the income tables and chart here

http://www.cic.gc.ca/english/information/applications/guides/5196ETOC.asp#5196E9

As there is NO MINIMUM INCOME requirement for spousal sponsorship, those tables do not apply.

 

[Gango is waiting]

Yes, your child will be a Canadian citizen regardless of where s/he is born. You would need to apply for a Certificate of Citizenship for the child.

Incorrect. The child would already be Canadian, so Silver77 would need to apply for PROOF of the child's citizenship, an entirely different application which can be done outside of Canada. There is no need to call CIC and have an application mailed out; this app is easily found on their website.

Also, DNA requests are pretty rare. The majority of these apps are approved without one.


As there is NO MINIMUM INCOME requirement for spousal sponsorship, those tables do not apply.

I have gone through all of these processes and practically i know these which i told here
yes child is already a citizen of canada so we have to apply for that without that they wont give the certificate
mostly these days they check the DNA before granting the certificate
i did it and my child is now a canadian citizen and already a canadian passport holder

check the Canlii cases then prople can understand whether the income tables do not apply or not
when somebody refused only they understand how hard it is to be allowed and if we can get rid of the faults it will be better rather than suffer. there are 1000s people are suffering bcoz of some reasons and financial is one of them
we were refused for financial and won the ADR by showing my husband's and my income and assets with us
people can tell easily but when suffers we think that why we were not ready with which we had to complete. i'm not a genius here but these are my suggestions with the experience which i have already gone through
thanx

 

[canuck_in_uk]

I have gone through all of these processes and practically i know these which i told here
yes child is already a citizen of canada so we have to apply for that without that they wont give the certificate
mostly these days they check the DNA before granting the certificate

You stated that Silver would have to apply for his child's citizenship in Canada by contacting CIC to be mailed an application kit. All of that was incorrect, so it seems you aren't that familiar with the process.

No, they don't usually ask for a DNA test. The majority of the time, CIC is perfectly satisfied with the Canadian parent's name on the birth certificate. They mainly only ask for a DNA test if they suspect fraud, i.e. that the child is not actually the biological child of the Canadian.

we were refused for financial and won the ADR by showing my husband's and my income and assets with us
people can tell easily but when suffers we think that why we were not ready with which we had to complete. i'm not a genius here but these are my suggestions with the experience which i have already gone through

Your app was refused because your husband was in default of child support payments to his previous spouse. CIC assumed that if he couldn't properly support his other children, he wasn't going to be able to support you and your children without welfare.

 

[Gango is waiting]

You stated that Silver would have to apply for his child's citizenship in Canada by contacting CIC to be mailed an application kit. All of that was incorrect, so it seems you aren't that familiar with the process.

No, they don't usually ask for a DNA test. The majority of the time, CIC is perfectly satisfied with the Canadian parent's name on the birth certificate. They mainly only ask for a DNA test if they suspect fraud, i.e. that the child is not actually the biological child of the Canadian.

Your app was refused because your husband was in default of child support payments to his previous spouse. CIC assumed that if he couldn't properly support his other children, he wasn't going to be able to support you and your children without welfare.

my husband is a canadian citizen and living in canada for more than 26 years for now. actually we did not the ways for asking about the child's citizenship, the CIC had told everything to my husband and we followed the ways they request from us. actually we dont know more than the CIC. thats why we followed there ways. i mentioned here which we have done with my child's citizenship and we got the citizenship for my child and he is a canadian citizen now.
so, i have done this and i'm not assuming. so, if anybody is doubt about that they they can call cic and check. i dont know whether they have changed the rules now and my child got his citizenship 2 years ago.
the CIC had told my husband that mostly they are doing the DNAs those days. i dont know whether they have changed the rules now.
but the CIC never suspected us as fraud marriage.
we paid the child support and we were paying the FMEP too. we had the proofs of paying too. if you think that we were refused bcoz of default of payments, we are still in defaults of payments... but we were allowed our appeal and the panel has given the priority for our case also. the ministers counsel has told my husband that he has done a very good job by doing 2-3 jobs in a little period. and my husband told that she was very good and talked my husband very nicely and told my husband that they dont have any more issue with us. and asked my husband to continue working the same.. if that default was a reason for the refusal we were still there without allowing. And also I have showed my enough properties and assets which i can bring to Canada and i have very good educational background and enough financial too. but they have told my husband that the sponsor should able to continue working till the applicant get her visa.
I think the Ministers counsel, CIC and the Panels are lying according to your answer.
i dont know some people are telling this and that but i'm mostly talking with my own experiences.
thnk you canuk-in-uk

 

[canuck_in_uk]

the CIC had told my husband that mostly they are doing the DNAs those days. i dont know whether they have changed the rules now.
but the CIC never suspected us as fraud marriage.

www.cic.gc.ca/English/resources/manuals/op/op01-eng.pdf - OP 1 - Section 5.10

When is a DNA test appropriate?

A DNA test to prove relationship is a last resort. When documentary submissions are not satisfactory evidence of a bona fide relationship, officers may advise applicants that positive results of DNA tests by a laboratory listed in Appendix E are an acceptable substitute for documents

If you have a look around this forum, you'll see that the majority of people who have applied for their children's proof of citizenship are not requested to have DNA tests done. I don't know why a CIC employee told your husband that the test was standard; perhaps the employee was simply trying to make your husband feel better about the situation.

If you read my previous post, you will see that I never stated that CIC suspects you have a fraud marriage. I stated that CIC usually requests DNA tests when they suspect someone is fraudulently claiming that a child is theirs in order to gain citizenship. There have been previous cases where people have said that their niece/nephew/cousin/etc. was their biological child for this purpose.

if you think that we were refused bcoz of default of payments, we are still in defaults of payments... but we were allowed our appeal and the panel has given the priority for our case also.

You were denied because CIC believed you could not financially support yourselves but you showed at the appeal that you could and so they allowed it.


I remember your case, as I commented on several of your previous threads. I'm not judging your marriage or family in any way. It's good that your husband has started working again and paying off the defaulted payments and that you guys were able to show CIC that you are not a financial risk. I hope the rest of your application progresses without issue.

 

[Gango is waiting]

www.cic.gc.ca/English/resources/manuals/op/op01-eng.pdf - OP 1 - Section 5.10

When is a DNA test appropriate?

A DNA test to prove relationship is a last resort. When documentary submissions are not satisfactory evidence of a bona fide relationship, officers may advise applicants that positive results of DNA tests by a laboratory listed in Appendix E are an acceptable substitute for documents

If you have a look around this forum, you'll see that the majority of people who have applied for their children's proof of citizenship are not requested to have DNA tests done. I don't know why a CIC employee told your husband that the test was standard; perhaps the employee was simply trying to make your husband feel better about the situation.

If you read my previous post, you will see that I never stated that CIC suspects you have a fraud marriage. I stated that CIC usually requests DNA tests when they suspect someone is fraudulently claiming that a child is theirs in order to gain citizenship. There have been previous cases where people have said that their niece/nephew/cousin/etc. was their biological child for this purpose.


You were denied because CIC believed you could not financially support yourselves but you showed at the appeal that you could and so they allowed it.


I remember your case, as I commented on several of your previous threads. I'm not judging your marriage or family in any way. It's good that your husband has started working again and paying off the defaulted payments and that you guys were able to show CIC that you are not a financial risk. I hope the rest of your application progresses without issue.

thnk you canuk for your reply
before we were refused, i sent all my proofs when they finally asked the admissibility for financially support myself and my children. and also i told the truth that my husband was living with me for about 8 months in my country and he had never gone for social assistance within the 26 of years. and was living in canada and also he sold his house also and gave all the money to his x wife and the children also. so, he was doing good in canada but in the last moment we did not have any credit in my husband's account as we were building our house in my country and we were paying the family maintenance too. but still we are in default but we were allowed and dont you think that default was not an issue for my case but my husband's earning?
I also believed some of forum members in that time and they also told me that the sponsors income is not an issue for the final decision. but we were failed.
i dont know how much you and me arguing, thats what happened with me and i know that financial is a problem with the spousal visa as i have read 1000s of Canlii cases too.
thanx again

 

[rhcohen2014]

thnk you canuk for your reply
before we were refused, i sent all my proofs when they finally asked the admissibility for financially support myself and my children. and also i told the truth that my husband was living with me for about 8 months in my country and he had never gone for social assistance within the 26 of years. and was living in canada and also he sold his house also and gave all the money to his x wife and the children also. so, he was doing good in canada but in the last moment we did not have any credit in my husband's account as we were building our house in my country and we were paying the family maintenance too. but still we are in default but we were allowed and dont you think that default was not an issue for my case but my husband's earning?
I also believed some of forum members in that time and they also told me that the sponsors income is not an issue for the final decision. but we were failed.
i dont know how much you and me arguing, thats what happened with me and i know that financial is a problem with the spousal visa as i have read 1000s of Canlii cases too.
thanx again

There are many sponsors who are found eligible to sponsor family members and have absolutely NO income. If any one of them had a financial issue that causes a concern to CIC, THEN they probably would not have been found eligible. Your husband was found not eligible for a REASON, not because he didn't work or make an income. stop confusing the two. they are not the same thing. AT ALL.

The point is the no income requirement has nothing to do with why your husband was denied. for whatever reason, you can't seem to understand that and assume your husband was denied because of his financial status, and you are misleading members by suggesting this. CIC's job is to check for spousal/child support defaults, welfare and bankruptcy. if any of them are found, then it is their job to not approve those applications. so even though you won on appeal because of whatever reason, it doesn't change the fact that there is NO INCOME REQUIREMENT TO SPONSOR A SPOUSE.

CIC simply doesn't deny sponsorship because of a financial concern without cause. in your case, there was cause, so that's why it was denied. there are circumstances that make your situation unique. Just because you were denied, doesn't mean everyone else will be and they need to provide evidence to support the reason your application failed. your application has nothing to do with anyone else's application.

please stick to the facts of what is essential in the application, and stop overcomplicatings things for other people. Essentially you are making the process much more difficult for others by telling them certain things need to be submitted, when in fact they dont. the majority of cases don't need to do what you needed to do. the reason your application failed is purely situational, and yes if a couple had a similiar situation than yours, then it would be relevant. For those in similiar situations, if a sponsor was in default of a financial obligation, took welfare or filed for bankruptcy,it is their responsibility to PROVE the circumstance is handled and will not affect future sponsorships.

 

[Gango is waiting]

There are many sponsors who are found eligible to sponsor family members and have absolutely NO income. If any one of them had a financial issue that causes a concern to CIC, THEN they probably would not have been found eligible. Your husband was found not eligible for a REASON, not because he didn't work or make an income. stop confusing the two. they are not the same thing. AT ALL.

The point is the no income requirement has nothing to do with why your husband was denied. for whatever reason, you can't seem to understand that and assume your husband was denied because of his financial status, and you are misleading members by suggesting this. CIC's job is to check for spousal/child support defaults, welfare and bankruptcy. if any of them are found, then it is their job to not approve those applications. so even though you won on appeal because of whatever reason, it doesn't change the fact that there is NO INCOME REQUIREMENT TO SPONSOR A SPOUSE.

CIC simply doesn't deny sponsorship because of a financial concern without cause. in your case, there was cause, so that's why it was denied. there are circumstances that make your situation unique. Just because you were denied, doesn't mean everyone else will be and they need to provide evidence to support the reason your application failed. your application has nothing to do with anyone else's application.

please stick to the facts of what is essential in the application, and stop overcomplicatings things for other people. Essentially you are making the process much more difficult for others by telling them certain things need to be submitted, when in fact they dont. the majority of cases don't need to do what you needed to do. the reason your application failed is purely situational, and yes if a couple had a similiar situation than yours, then it would be relevant. For those in similiar situations, if a sponsor was in default of a financial obligation, took welfare or filed for bankruptcy,it is their responsibility to PROVE the circumstance is handled and will not affect future sponsorships.

yes anybody can argue but i'm talking with my experiences which i did with CIC. thats why i told i listened to some people and thought it was not an issue. how do you say that its not and my husband was in canada for more than 26 years and never gone for social assistance and how come when i showed my financial and was paying the FMEP, they refused us?. then why when my husband showed the income they allowed us? then why they mentioned in my refusal letter that we were inadmissible for financial? and i showed the same proofs of mine in the appeal which i sent to the visa post and sent my husband's income proofs. then they have nothing asked from my husband in the ADR and just have asked some ordinary questions from my husband and has allowed our appeal.
you say that i'm not over complicating. i'm trying to help others but i'm not a genius here but i'm talking with my experiences. may be not everyone needs to do which i had to do but how come you tell everybody to not to do what i did? but when something gone wrong only that person suffers..

 

[rhcohen2014]

yes anybody can argue but i'm talking with my experiences which i did with CIC. thats why i told i listened to some people and thought it was not an issue. how do you say that its not and my husband was in canada for more than 26 years and never gone for social assistance and how come when i showed my financial and was paying the FMEP, they refused us?. then why when my husband showed the income they allowed us?
you say that i'm not over complicating. i'm trying to help others but i'm not a genius here but i'm talking with my experiences. may be not everyone needs to do which i had to do but how come you tell everybody to not to do what i did? but when something gone wrong only that person suffers..

CIC does not care how long your husband has been in canada, or what the applicant's financial status is. the immigration officers reading the files are not paid to make emotional decisions. they are paid to follow the rules and guidelines set forth by the canadian government.

did your husband default on paying something he was suppose to pay? if so, then THAT'S PROBABLY WHY YOUR HUSBAND WAS DENIED. I am going by what has been written on this forum and i don't know what was written in your communication from cic, so who knows what the "real" reason was. if your husband failed to pay some sort of support he was obligated to pay, then that's certainly going to have somthing to do with it because those are the rules.

my point is to please stop confusing the no income requirement with your situation and providing "advice" based on that misunderstanding. the no income requirement to sponsor a spouse and your situation of why you were denied for financial reasons have nothing to do with eachother.

 

[Gango is waiting]

CIC does not care how long your husband has been in canada, or what the applicant's financial status is. the immigration officers reading the files are not paid to make emotional decisions. they are paid to follow the rules and guidelines set forth by the canadian government.

did your husband default on paying something he was suppose to pay? if so, then THAT'S PROBABLY WHY YOUR HUSBAND WAS DENIED. I am going by what has been written on this forum and i don't know what was written in your communication from cic, so who knows what the "real" reason was. if your husband failed to pay some sort of support he was obligated to pay, then that's certainly going to have somthing to do with it because those are the rules.

my point is to please stop confusing the no income requirement with your situation and providing "advice" based on that misunderstanding. the no income requirement to sponsor a spouse and your situation of why you were denied for financial reasons have nothing to do with eachother.

how many times i have mentioned here that we were not refused bcoz of defaults as still we are in defaults but after we showed the financial of my husband they allowed our appeal
thats it
and i believe that the Canlii cases are all fake which are in the internet and there is no refusals shouldnt be under section (39)