NEED HELP PLEASE, sponsoring if on Solidarité Sociale

[izalixe]

Hi,
I'm a Quebec born & raised permanent resident,
I'm on disability but not because I'm in a wheelchair or blind,
I receive Solidarité Sociale, that is the upper tier of Income Assistance in Québec, 947$ + 77$ a month
I met an american and we are in love and he wants to come live with me
Can they refuse me because of that?
Is that considered a valid disabled state in the view of immigration Canada ?
I am considered unable to work "Contraintes sévères à l'emploi", I dont have to look for work or justify anything once I got accepted 5 years ago and it took me a long time and many procedures to finally get it, because of mental illness/major depression and childhood issues

Can someone PLEASE give me a CLEAR ANSWER yes or no,
I've been reading pages and pages of websites I cannot figure it out,
dont give me a link to another page just answer me please,

My boyfriend is 20 years old with just a high school diploma but willing to work
We dont want to get married per se (I dont want to lose my benefits which are my only income) but live together,
I pay a low rent so I could support us even if he cannot/ isnt authorized to work,
we dont need much just wanna be together

HELP I'm kinda discouraged this seems impossible right now....

 

[surleplateau]

We dont want to get married per se (I dont want to lose my benefits which are my only income) but live together,

To sponsor him in the Family Class, you guys need to be either married OR common-law partners (conjoint de fait au Quebec). If being married affects your Solidarité Sociale, are you positive that being common-law will not?

Isn't it the case that married and common-law are almost considered the same for many federal and provincial situations? You should check with Quebec and the SS you receive about common-law.

You would not qualify for conjugal class because your bf is 99.999% able to visit you in Canada and get married. Therefore there is no true/serious barrier to marriage. Therefore, he must be either your spouse or your conjoint de fait for you to sponsor him.

Or, he will have to come to Quebec by his own abilities through a different (not Family Class sponsorship) immigration stream. And if he does that somehow (work permit to PR application, for example), once you guys are living together for 1+ years, I'm pretty sure Quebec will consider you guys conjoint de fait if you guys present yourselves as more than just boyfriend/girlfriend for the rest of your relationship together.

I cannot answer your actual question about Solidarité Sociale affecting your sponsorship approval. That will have to come from someone else. I can only question your distinction between married vs conjoint de fait in the eyes of Quebec/CIC.

 

[izalixe]

I have no idea, that is why I'm asking, thank you for answering me on what you can

At one place they say you cannot sponsor if you are receiving financial assistance unless you are DISABLED but is Solidarité Sociale (inapte au travail) considered disabled ?

I'm so lost & discouraged
It's like you have no right to be with someone from another country if you dont work
How unfair is that?

 

[izalixe]

And of course I'm scared of calling Solidarité Sociale directly because it took me 15 years to get m status finally recognized and now that they finally left me alone and I have a decent income I'm scared to rock the boat and get in any trouble and get cut off

 

[izalixe]

If he is coming on a visitor visa, for how long/ how many times could we extend it ?

Like, indefinitely?

Could he apply for a work permit while here as a visitor and get a job ?

Then they wouldnt need to know anything about my situation or income?
As far as they know we could be roommates ? (like, he would support himself so I wouldnt need to sponsor him)

I'm so confused
I truly am unable to work, it's not lazyness or a scam, several mental issues, depression, trauma
thanks for any help
the gov't websites are so confusing to me

 

[izalixe]

Also can you work any job like, in a bar, a supermarket ?

Or does it have to be in specific fields with specific skills, diplomas etc

WHY dont they give us this simple, crucial information on the official websites ?

This is what most people probably need to know and it's impossible to figure out, it's forms to fill and links and jargon....
why make it so hard ?

 

[mikeymyke]

It's like you have no right to be with someone from another country if you dont work
How unfair is that?

That's not true, there's no requirement for a sponsor to be employed. You seem to be overreacting too much.

First of all, he's an American, that makes not only sponsorship way easier, his ability to cross the border to just visit is fairly easy also. Since you dont want to marry, the best thing is to do a common law sponsorship, which requires you guys to live together for a year. My suggestion is to have him come to Canada, stay for 6 months, then apply for a visitor visa extension, for a total of 12 months stay, then you will be common law and can apply as such.

Also, Quebec rules state that:

You must not receive financial assistance of last resort (social assistance) except allowances related to your age or a disability that poses obstacles to employment that are serious, permanent or of indefinite duration.

Since you're getting assistance due to a disability, you should be fine to sponsor.

 

[Aquakitty]

I'm also on disability and sponsored my spouse. There is no financial requirement aside from showing how you will support yourselves. But, like surleplateau said you have to either live together for a year or get married.

Here in BC you actually get MORE money if you have a spouse that isn't making any. You don't lose money for getting married or being common-law, so I would look into that.

The only way he can work is if he goes through a student exchange program. If he's been in school in the past year he can get a one year open work permit. He has to have been at least registered for full time courses within the last 12 months.

 

[surleplateau]

A visitor status (like he would get from being a US passport holder) does NOT entitle him to work.

He can apply to extend as many times as he wants (each time is $100), but he has to justify each extension with good reasons and proof of funds. Lots of us on this board have had 2-3 extensions for the purpose of establishing common-law/conjoint de fait, or for the purpose of waiting for the submitted PR application to be processed. But again, he would have to give good proof and explanation.

If he wants to work, he needs either a work permit (he has to get an LMIA-approved job that many companies are unwilling to do for foreigners unless it's a difficult position to fill in Canada, thus the need for an LMIA). A study permit would permit him to work part-time (20-hours during his enrollment), but that would mean he would be paying international student fees.

If you don't sponsor him and he finds a way to live with you as "just roommates" --- how long do you think it's going to take before CRA and Revenu-Quebec figure out that you guys are essentially living as conjoint de fait? Even if it takes years... I don't think you'll be able to get away with it forever. I know that CRA has come down on couples who tried to both claim the GST ("If you have a spouse or common-law partner, only one of you can receive the credit") and they didn't get away with it either.

Taxes *will* catch up to you.

The system is "fair" in that your boyfriend is free to apply to move to Canada on his own skills and abilities. The system into Canada is more than fair compared to many other countries. Immigrating from one First World to another is more than fair that we jump through a few hoops.

You might be able to sponsor him with your Solidarité Sociale -- but if being conjoint de fait means the same to Quebec as being married...

Responsabilités des conjoints (Solidarité de la réclamation)

I will post the English version, but keep in mind that the French is the official in the sense that their useage of "living as husband and wife" is, as far as I know, meaning "conjoint de fait" meaning "common-law partners." (The term "common-law" isn't used in Quebec because the QC legal system uses the civil code, not the common-law code... but I digress).

Responsibility of spouses

Barring certain exceptions, under last-resort financial assistance programs, spouses ["les conjoints" in French] are jointly and severally liable for claim repayment. The total amount is claimed from both spouses, whether the recipient was receiving benefits as an independent adult or a family. Both people, whether they continue to live together as a couple or not, are liable for the claim until it has been repaid in full.

When a claim is issued on the grounds that a couple failed to declare they were cohabiting as spouses, the spouse ["la conjointe ou le conjoint" in French] who was not receiving benefits is also liable.

However, individuals who can prove that they were unaware of their spouse’s ["sa conjointe ou de son conjoint" in French] actions that led the Department to issue a claim are not liable.

Similarly, individuals who can prove that it was impossible for them to declare their true circumstances because they feared violent retribution from their spouse ["son conjoint" in French] for themselves or their dependent child(ren) are not liable. Applications for exemption must be filed with the individual’s CLE officerNew window.. These applications are treated confidentially and exclude the violent spouse ["conjoint"].

Under the Employment-Assistance Program, the term spouse ["conjoints"] means:

people who are joined in marriage or civil union and who cohabit
people who cohabit and are the parents of the same child
adults of the same or opposite sex who live together as husband and wife ["maritalement"] and who, in the past, have cohabited for at least one year

 

[surleplateau]

WHY dont they give us this simple, crucial information on the official websites ?

This is what most people probably need to know and it's impossible to figure out, it's forms to fill and links and jargon....
why make it so hard ?

izalixe,

I mean this with all the kindness in my heart, with all sincerity: take a deep breath and step away from this subject until you can clear your mind. You are getting caught up in a trap of despair.

There is hope. It is not a hopeless case. There are ways to make this work.

But if you get caught in feeling hopeless, it will hinder you from reading and seeing clearly.

The way to approach this process (sponsorship / immigration) is with a clear head and attention to detail.

So the very first step I always recommend is: Breath. Step away when you feel overwhelmed by the problem. It will become clear when your can clear your head of despair. Only look at the situation when you have a clear head. Never when you are already feeling down.

Please take some good self-care of yourself tonight.

 

[izalixe]

That's not true, there's no requirement for a sponsor to be employed. You seem to be overreacting too much.

First of all, he's an American, that makes not only sponsorship way easier, his ability to cross the border to just visit is fairly easy also. Since you dont want to marry, the best thing is to do a common law sponsorship, which requires you guys to live together for a year. My suggestion is to have him come to Canada, stay for 6 months, then apply for a visitor visa extension, for a total of 12 months stay, then you will be common law and can apply as such.

Also, Quebec rules state that:

You must not receive financial assistance of last resort (social assistance) except allowances related to your age or a disability that poses obstacles to employment that are serious, permanent or of indefinite duration.

Since you're getting assistance due to a disability, you should be fine to sponsor.

Thank you for your reply! Yes I was so confused and scared, I was crying thinking we couldnt be together because of my situation.
It's not clear because they do not call it "Disability" in french they call it "Severe constraints that make you unable to work" / "inept (inapte) for work"

So basically I would support him for 3 years on my income (he couldnt work for 3 years, but it's OK we can manage) and after 3 years would he get his permanent residence? Then what happens, would he be allowed to work, apply at any job ?
and would he be a canadian then or need to apply for citizenship ?

Thanks so much because yes this is very emotional, we are young and we were wondering if being together would be possible......

 

[izalixe]

I'm also on disability and sponsored my spouse. There is no financial requirement aside from showing how you will support yourselves. But, like surleplateau said you have to either live together for a year or get married.

Here in BC you actually get MORE money if you have a spouse that isn't making any. You don't lose money for getting married or being common-law, so I would look into that.

The only way he can work is if he goes through a student exchange program. If he's been in school in the past year he can get a one year open work permit. He has to have been at least registered for full time courses within the last 12 months.

When you say "showing how you will support yourself" do you men like, making a monthly budget saying, I'm paying 400$ rent, this for food, etc?
I had never thought they would actually maybe give more if I had a spouse making no money at all.
I guess I should call the Solidarité Sociale directly, I'm just scared they will start questioning me and want to re-evaluate me and threathen to bring me back to basic welfare, because I dont have an obvious disability like being blind or paraplegic, I just had really severe mental issues, and it took me so long to get that barely decent, stable income I'm really afraid to lose it because of some zealous bureaucrat (they always try to cut off anyone they can)

 

[izalixe]

A visitor status (like he would get from being a US passport holder) does NOT entitle him to work.

He can apply to extend as many times as he wants (each time is $100), but he has to justify each extension with good reasons and proof of funds. Lots of us on this board have had 2-3 extensions for the purpose of establishing common-law/conjoint de fait, or for the purpose of waiting for the submitted PR application to be processed. But again, he would have to give good proof and explanation.

If he wants to work, he needs either a work permit (he has to get an LMIA-approved job that many companies are unwilling to do for foreigners unless it's a difficult position to fill in Canada, thus the need for an LMIA). A study permit would permit him to work part-time (20-hours during his enrollment), but that would mean he would be paying international student fees.

If you don't sponsor him and he finds a way to live with you as "just roommates" --- how long do you think it's going to take before CRA and Revenu-Quebec figure out that you guys are essentially living as conjoint de fait? Even if it takes years... I don't think you'll be able to get away with it forever. I know that CRA has come down on couples who tried to both claim the GST ("If you have a spouse or common-law partner, only one of you can receive the credit") and they didn't get away with it either.

Taxes *will* catch up to you.

The system is "fair" in that your boyfriend is free to apply to move to Canada on his own skills and abilities. The system into Canada is more than fair compared to many other countries. Immigrating from one First World to another is more than fair that we jump through a few hoops.

You might be able to sponsor him with your Solidarité Sociale -- but if being conjoint de fait means the same to Quebec as being married...


I will post the English version, but keep in mind that the French is the official in the sense that their useage of "living as husband and wife" is, as far as I know, meaning "conjoint de fait" meaning "common-law partners." (The term "common-law" isn't used in Quebec because the QC legal system uses the civil code, not the common-law code... but I digress).

Hm.... that seems a little less promising... like, how can he get a job before he even gets to Canada? He's a 20 year old kid, he would be looking at a job like in a grocery store or a bar, not something you can get from a big company that requires diplomas and experience...

I agree that the "pretending to be roommates" idea is really bad. If they discover fraud they will cut off automatically of course. I was just kinda desperate for a solution here. Yes conjoint de fait is exactly the same as being married here (common law).

When you say they will ask "proof of funds" for the extension... well since I am sponsoring him and he cant work, how could he have ANY FUNDS? Do they mean MY funds or HIS?
Would I need to put money into his account and how much for each extension ? (I have a credit card from which I can withdraw cash in case of emergencies...)
That kinda does make sense to ask proof of funds if we're both living on my disabillity check, no?

Also I read on an official website that you could only extend the visitor visa once, and then if the person wanted to stay permanently, they would deny...

I wanted to post the link here but when I hit post it says I cant post links , it's on Immigration lawyers dot ca and says : "There is no statutory limit on the number of times a person can extend visitor status. Instead, the officer will consider the history of the applicant, the purpose of the visit, and whether there is a valid reason to continue visiting. The primary concern of the officer will be that the applicant intends to remain in Canada permanently, in which case the extension would not be granted !!!!??? BUT I sponsor him JUST SO he can stay permanently, so why wouldt they grant the extension ? This does not make sense to me at all. In some circumstances, numerous extensions can be granted as they make sense in the overall context. For example, where a parent seeks extensions while waiting for permanent residence. In other circumstances, there appears to be no valid reason to remain in Canada, and the officer will deny further extensions. It is important to get legal advice based on your specific, individual situation."

By parent here do they mean the spouse, or parent-child ?? SO CONFUSING !!!

I dont mind if he doesnt work for 3 years, because he cooks, bakes, drives, will help me with the chores & errands, and more importantly be there to support each other emotionally & be happy.
Then it takes 3 years for him to get Permanent Residency?
What does that mean exactly like, it will take 3 years until he can have healthcare, apply for a job, etc ? And at the end of those 3 years will he actually have all the same rights as say me, as a canadian?
(Sorry, I just dont know anything about this process and want to have a clear picture of what to expect...)
THANK YOU SO MUCH TO ALL PEOPLE WHO ANSWERED ME I really appreciate it

 

[izalixe]

izalixe,

I mean this with all the kindness in my heart, with all sincerity: take a deep breath and step away from this subject until you can clear your mind. You are getting caught up in a trap of despair.

There is hope. It is not a hopeless case. There are ways to make this work.

But if you get caught in feeling hopeless, it will hinder you from reading and seeing clearly.

The way to approach this process (sponsorship / immigration) is with a clear head and attention to detail.

So the very first step I always recommend is: Breath. Step away when you feel overwhelmed by the problem. It will become clear when your can clear your head of despair. Only look at the situation when you have a clear head. Never when you are already feeling down.

Please take some good self-care of yourself tonight.

THANK YOU !!!!

 

[scylla]

Hm.... that seems a little less promising... like, how can he get a job before he even gets to Canada? He's a 20 year old kid, he would be looking at a job like in a grocery store or a bar, not something you can get from a big company that requires diplomas and experience...

I want to be honest with you. Assume it will be next to impossible for him to obtain a work permit through the LMIA process. In order to get a work permit, the employer must obtain an approved LMIA. This involves first advertising the job for at least a month to prove that no Canadian could be found for the role. Obviously this is going to be next to impossible to prove for a low skilled job in a grocery store or a bar. After the advertising portion has been completed, the employer must submit the LMIA application for processing along with a $1,000 fee. Processing typically takes 2-4 months with no guarantee of approval. Because the LMIA process is so long and expensive - the vast majority of employers aren't going to be willing to go through it - and very very few for low skilled roles.

If you apply inland, then provided he's in status in Canada when you apply, he should qualify for an open work permit four months after you submit the application (an open work permit would allow him to work without getting a job offer and approved LMIA first). So in that case it would only be around 16 months that he would be in Canada without working (the year to become common law and then the extra four months after you submit the application). Yes - if you apply inland the processing time for the inland application will be somewhere between 2-3 years.