Minimum Income, Co-Signer, IMM1344, IMM5540 & Supporting Documents

[kay77]

Hi All,

Hoping someone can shed a bit of light on completing this application for sponsorship of my spouse who lives in the UK. A bit of background, I am currently in the UK with my husband on a visitors visa and plan to go back to Canada when this visa expires. I have a daughter from a previous marriage. My husband has been supporting both of us with his income and I am currently unemmployed (as my visa does not permit me to work here).

#1
I have found information on the minimum necessary income required and would like to know if the following rule would apply to me:

Exception to minimum necessary income
A sponsor is not required to meet the minimum income required if the sponsored person is:
• The sponsor's spouse, common-law partner or conjugal partner and has no dependent children;
• The sponsor's spouse, common-law partner or conjugal partner and has a dependent child who has no dependent children; or
• A dependent child of the sponsor who has no dependent children or a person who meets the definition of a dependent child and in respect of whom the sponsor became the guardian while the person was under the age of 18, or a person under 18 years of age whom the sponsor intends to adopt and meets other specified requirements referred to in s. I 17(1)(g).

#2
As I am unemployed, should I have a co-signer to make my application stronger or if I come under the exception above not worry about a co-signer?
If I should have a co-signer, can the co-signer be overseas or do they have to be in Canada? This may sound silly but my parents are planning to relocate back to Canada in a couple of months so they could co-sign or my uncle who is already residing in Canada can co-sign.

#3
In supporting documents section of the document checklist - 17,18,19 - what are valid documents that can prove that I earned a certain amount of income 12 months preceding my application? The reason why I ask this is because I was working in Dubai before coming to the UK, I had to close my bank accounts there and now trying to pull a statement is difficult, the only best thing I can get is a letter from my previous employer stating the amount I was earning.

#4
Question 9 in IMM1344 and Question 17 in IMM5540, requires details of my previous spouse. Im a bit concerned as to why they need this information, I have no idea where he is, why do they require this information?

Hopefully these questions can be answered in this one topic or maybe I might have to break them down into subtopics. Hoping someone can help. Thanking you in advance.

 

[rjessome]

1. You are exempt from the minimum income requirements
2. You can't have a co-signer (you don't need one) for spousal sponsorship
3. Letter from previous employer, letter from you explaining previous employment and why you are not working now and that your husband is supporting you, proof of your husband's income. Do you and your husband have a joint bank account in the UK? Did you file Canadian tax returns while you were working overseas?
4. I don't know exactly WHY they need it but they do. They probably want to ensure you are not still legally married to someone else. It happens. It doesn't matter that you don't know where he currently is. Put "unknown" in the address section. You will have to include a copy of your divorce certificate as well.

Hope that helps.

 

[kay77]

Thanks Rjessome,

I can get a letter from my previous employer and explain my circumstances, but is this still required if I'm exempt from the minimum income clause?

Also, I have been away from Canada for 17 years and have not filed any tax returns in Canada but have filed tax returns in the countries where I have worked.

I dont have a bank account with my husband here because I am on a visitor visa....

 

[rjessome]

You're welcome. They want to ensure you are not in receipt of social assistance and do not have an undeclared bankruptcy. Either of those situations would make you ineligible to sponsor. If you files a tax return anywhere in the last year, I would include that as well as the letter from your employer.

 

[mirkopal]

do u need a co signer for an exact same situation even if one applies under the common law or conjugal partner category?

it s simple curiosity...when i got my residency my previous partner sponsored me as a conjugal partner and we were both UNIVERSITY STUDENTS (I started a phd (i was the sponsored one) and i received a grant from Canada and he was a bachelor student).

we did not sign as co signers...if i remember well..is it possible?

 

[Karlshammar]

Yes, there is no income requirement in this category. The only requirement is that the sponsor is not on welfare.

do u need a co signer for an exact same situation even if one applies under the common law or conjugal partner category?

it s simple curiosity...when i got my residency my previous partner sponsored me as a conjugal partner and we were both UNIVERSITY STUDENTS (I started a phd (i was the sponsored one) and i received a grant from Canada and he was a bachelor student).

we did not sign as co signers...if i remember well..is it possible?

 

[rjessome]

NO co-signers for Spousal, common-law and conjugal partners.

 

[kay77]

Hi There,

I am now on the last bit of putting all my supporting documents together and have now come back to 17,18 and 19 in !MM 5491.

I have written a letter as to why I will not be submitting a Option C Printout, which so far reads as follows:

Explanation of No “Option C Printout”
With reference to the supporting documents section in the document checklist (IMM 5491), I have not provided an “Option C Printout” as I have been living abroad for approximately 16 years and not a resident for taxation purposes.

Is the above a sufficient explanation as to why I will not be providing an Option C Printout.

Also, I have been trying to get back in touch with my employers in UAE and have not had any luck. I tried also to get statements from my bank (the account was closed) and have not been successful. So I dont have anything to prove the amount of income I earned overseas for the last 12 months.

What I do have though is my spouse's employment contract in Canada which is quite a bit more than the required minimum income for us.

So the next question is, should I also try and see if I can get a Canadian employment offer while I am still overseas or is my husband's contract enough to get us through the minimum income requirement?

Thanks in Advance....

 

[rjessome]

What you wrote should be fine. You can also include tax assessment for previous years in the countries where you lived. Bottom line is if they need more stuff, they will ask for it.

And there are NO minimum income requirements for spousal sponsorship. My recommendation to submit your husband's current income/employment information is just to show CIC that you are not in receipt of social benefits anywhere. You don't want them thinking that if you are getting welfare in one country then you will also get it in Canada.

Your husband's employment contract shows proof of intention to resettle in Canada once PR is granted. That's all. It wouldn't hurt if you could provide an employment contract for Canada as well. But it would just support the resettlement intention. You don't have to meet minimum income requirements.

 

[whoopi83]

Thanks Rjessome,

I can get a letter from my previous employer and explain my circumstances, but is this still required if I'm exempt from the minimum income clause?

Also, I have been away from Canada for 17 years and have not filed any tax returns in Canada but have filed tax returns in the countries where I have worked.

I dont have a bank account with my husband here because I am on a visitor visa....

Hi

The Canadian in our application included a UK P60 = earnings but this was returned as "not needed". We included a letter to say no option C as Canadian had been away from Canada for 10 years and had never worked in Canada.

From what I gather it shows you are employable...and if you have been out of the country for a while and you can show that, it proves you are not on SI etc.

We also don't have joint bank account but we sent joint utilities, cards addressed to both of us etc and stuff addressed to us independently at the same address.

As for previous spouse, they want to ensure you are legally divorced/separated so that you don't attempt to sponsor the previous spouse or that you are not under any current obligations, etc etc etc.

The Canadian in our application is still legally married but we sent copies of divorce filing plus decree nisi and a print out of OP" where it states that one can be approved as sponsor in common law relationship if currently married but stipulates that the previous spouse is not eligible for sponsorship.

Everything rjessome stated is good - you'll be fine. She's a top girl on here. (PMM, ariell, robbiesluv and other seniors are too!) - don't want to single anyone out! ;o)

 

[kay77]

Thanks for that whoopi83.... I feel like I'm being pedantic but I just want to make sure that Im not taking anything for granted in terms of the supporting documents that I am sending with my application.

Thank you rjessome for all your advice, this is a fantastic forum.

Until the next question arises, lol.....

Thank you

 

[kay77]

Hi There,

I would like to thank everyone who has helped me put our Immigration Application together, I have finally sent it off today and now going to be playing the waiting game, I hope I havent missed anything out..... I will keep you all posted on any developments....

 

[whoopi83]

Good luck Kay.

 

[Lanisha]

Hi Kay,

I am in almost the same situtaion as yours, I am a new Permanent resident here in canada and I am planning to sponsor my husband right away since we are having a bby soon. My husband and I have been working in the Philippines and all of our employment records are in the Philippines. We have bank accounts in the Philippines, but here in Canada im still unemployed since I just arrived last week. I will not be able to show income tax and letter from the employer. What will I do? Should I continue applying for a spousal sponsorship, do you think I am eligible for that?

 

[CharlieD10]

Hi Kay,

I am in almost the same situtaion as yours, I am a new Permanent resident here in canada and I am planning to sponsor my husband right away since we are having a bby soon. My husband and I have been working in the Philippines and all of our employment records are in the Philippines. We have bank accounts in the Philippines, but here in Canada im still unemployed since I just arrived last week. I will not be able to show income tax and letter from the employer. What will I do? Should I continue applying for a spousal sponsorship, do you think I am eligible for that?

If you read rjessome's answers, you would see that there is NO MINIMUM INCOME REQUIREMENT FOR SPOUSAL SPONSORSHIP. Simply explain why you will not be able to submit any tax or employment information, and show how you plan to support yourselves without relying on welfare (bank statements, savings statements, if your husband sends you money, send the receipts).