No Income Sponsor & Open Work Permit Extension

[RedSquirrel91]

Hi everybody, I've been reading this messageboard for a while now and wanted to thank the community and administration team for creating such an an amazing source of information for Visa seekers

Here is our current situation:

I am from the US currently in Canada on a post graduation work permit that expires mid 2017 (in about 8.5 months).

My spouse is a Canadian citizen and we've been common law spouses since 2013 (living together in Canada that whole time).

Right now our plan is for her to sponsor me for permanent residency although we were recently told by a paralegal that because she is currently in grad school and has no income, she would not be able to do that. This really worried us! :-[ However, I've read on this messageboard that there is no income requirement for sponsorship of a spouse -although I have read there IS a requirement to show some sort of plan so that I am not a strain on Canadian social services. I am currently employed where we want to live in Canada (same town where she is going to school); can my job serve as proof of that "plan", or could her family give us some sort of letter stating that we could live with them should things came to that? Can money in savings count towards this "plan"?

The second part of my question is that I am worried about losing my job should my visa expire. I would prefer to not involve my current employer in any Visa application process (through a labor market assessment or anything like that).

As far as I am aware, there is an ongoing pilot program for open work permits for sponsored spouses. If this program closes Dec22 of 2016 would it be possible to apply for that at the same time we send in the PR application and sponsorship application? If not, is there another option to extend my work permit without involving my employer?

I apologize if these questions have been answered before, I've been lurking to try and find the answers but that meeting with the paralegal really made me question a lot of what I've already read

Thanks very much for your advice, please let me know if I can provide any more information.

-RS

 

[profiler]

Hi everybody, I've been reading this messageboard for a while now and wanted to thank the community and administration team for creating such an an amazing source of information for Visa seekers

Here is our current situation:

I am from the US currently in Canada on a post graduation work permit that expires mid 2017 (in about 8.5 months).

My spouse is a Canadian citizen and we've been common law spouses since 2013 (living together in Canada that whole time).

Right now our plan is for her to sponsor me for permanent residency although we were recently told by a paralegal that because she is currently in grad school and has no income, she would not be able to do that. This really worried us! :-[ However, I've read on this messageboard that there is no income requirement for sponsorship of a spouse -although I have read there IS a requirement to show some sort of plan so that I am not a strain on Canadian social services. I am currently employed where we want to live in Canada (same town where she is going to school); can my job serve as proof of that "plan", or could her family give us some sort of letter stating that we could live with them should things came to that? Can money in savings count towards this "plan"?

The second part of my question is that I am worried about losing my job should my visa expire. I would prefer to not involve my current employer in any Visa application process (through a labor market assessment or anything like that).

As far as I am aware, there is an ongoing pilot program for open work permits for sponsored spouses. If this program closes Dec22 of 2016 would it be possible to apply for that at the same time we send in the PR application and sponsorship application? If not, is there another option to extend my work permit without involving my employer?

I apologize if these questions have been answered before, I've been lurking to try and find the answers but that meeting with the paralegal really made me question a lot of what I've already read

Thanks very much for your advice, please let me know if I can provide any more information.

-RS

The paralegal is wrong. The spousal sponsorship class is exempt from low income assessment, except for dependants of dependants (making you a grandparent). There is a requirement to not be in receipt of social assistance.

The OWP is only available to inland applicants. This process could take 2 years, but you get the OWP within 4 mos of applying.

Usually US citizens have a faster time doing the outland process, but you'd need to have a work/study/visitor permit to remain in Canada. Could take as little as 6 mos.

 

[canuck_in_uk]

Hi

Do not apply inland. Outland is by far the better choice for an American, especially since you already have a work permit. Outland averages 6 months or less.

For finances, you can show your income, her income potential, savings/investments, family assistance etc.

 

[RedSquirrel91]

You guys are so fast! That's a big relief to hear that the paralegal was wrong regarding spousal sponsorship. I wonder why she told us that? She must have misunderstood something.

Thank you for the quick advice, I will discuss with my spouse and read before asking any other questions.

Once again, great resource. I will attempt to share my results and assist others in the future! Kind regards,

 

[profiler]

You guys are so fast! That's a big relief to hear that the paralegal was wrong regarding spousal sponsorship. I wonder why she told us that? She must have misunderstood something.

Thank you for the quick advice, I will discuss with my spouse and read before asking any other questions.

Once again, great resource. I will attempt to share my results and assist others in the future! Kind regards,

Here is the IRPA page that talks about the Sponsor:
http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-28.html#docCont

"
Requirements for sponsor

133 (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor

...
(j) if the sponsor resides

(i) in a province other than a province referred to in paragraph 131(b),

(A) has a total income that is at least equal to the minimum necessary income, if the sponsorship application was filed in respect of a foreign national other than a foreign national referred to in clause (B), or

(B) has a total income that is at least equal to the minimum necessary income, plus 30%, for each of the three consecutive taxation years immediately preceding the date of filing of the sponsorship application, if the sponsorship application was filed in respect of a foreign national who is

(I) the sponsor’s mother or father,

(II) the mother or father of the sponsor’s mother or father, or

(III) an accompanying family member of the foreign national described in subclause (I) or (II), and

(ii) in a province referred to in paragraph 131(b), is able, within the meaning of the laws of that province and as determined by the competent authority of that province, to fulfil the undertaking referred to in that paragraph;

...

Exception to minimum necessary income

(4) Paragraph (1)(j) does not apply if the sponsored person is

(a) the sponsor's spouse, common-law partner or conjugal partner and has no dependent children;

(b) the sponsor's spouse, common-law partner or conjugal partner and has a dependent child who has no dependent children; or

(c) a dependent child of the sponsor who has no dependent children or a person referred to in paragraph 117(1)(g).
"

Hope that puts you at ease .

 

[canuck_in_uk]

You guys are so fast! That's a big relief to hear that the paralegal was wrong regarding spousal sponsorship. I wonder why she told us that? She must have misunderstood something.

It's not surprising that you received incorrect advice. As ridiculous as it sounds, many immigration consultants/lawyers/paralegals, along with the IRCC Call Centre, really don't know the basics of this process. There are so many people on here who received bad advice.

 

[Ares91]

I will confirm what everyone else is saying here too. I went to a lawyer because my wife currently has no income and is dependent on me as I currently work full time in Canada on a PGWP. The lawyer proceeded to inform me that our PR application would be denied and proceeded to tell me he can get it approved if I do it through him for 2000 dollars. I did my own investigations and found that to be untrue and probably the lawyer and many like him are just looking to rip people off. In the end I applied on my own and attached a letter stating our financial situation and how we are financially independent.

I had a question, after an initial paper application how long does it take to get a reply back confirming the application?