Outland sponsorship

[Iqbalkhan7]

My wife is a Canadian citizen, and we are currently living outside Canada. We had a baby a few months ago, and he is already eligible for citizenship. I am applying for permanent residency under the family class.

One of the forms asks for a statement from my wife regarding how she will support me. We have written a letter explaining our plans, including that her family owns a home in Canada, which she intends to return to. During her time in Canada, she was a dependent on her father and did not have employment. We also mentioned my plans to look for a job once we arrive.

Our lawyer advised that my wife needs to return to Canada and file her taxes, but it isn’t possible for all of us to travel together at the moment. Is it possible for me to be awarded a visa without her returning first, or does she need to return, find a job, and then sponsor me?

 

[scylla]

My wife is a Canadian citizen, and we are currently living outside Canada. We had a baby a few months ago, and he is already eligible for citizenship. I am applying for permanent residency under the family class.

One of the forms asks for a statement from my wife regarding how she will support me. We have written a letter explaining our plans, including that her family owns a home in Canada, which she intends to return to. During her time in Canada, she was a dependent on her father and did not have employment. We also mentioned my plans to look for a job once we arrive.

Our lawyer advised that my wife needs to return to Canada and file her taxes, but it isn’t possible for all of us to travel together at the moment. Is it possible for me to be awarded a visa without her returning first, or does she need to return, find a job, and then sponsor me?

It's possible for you to be granted a visa without her needing to return first but depends somewhat on the circumstances.

How long has she been living outside of Canada now?

What evidence exactly are you planning to submit to show that you plan to relocate and live in Canada once your PR visa is approved?

 

[Iqbalkhan7]

Its been 1.3 years now, secondly we have written a settling plan, where i have added recent job searches in the city we plan to settle,and how i have networked with professionals from my working field in canada along with a letter of support from my inlaws, and how we plan to live there untill things are settled.If you have any advice on what further content should we add please do mention.

 

[Iqbalkhan7]

waiting for your response

 

[canuck78]

My wife is a Canadian citizen, and we are currently living outside Canada. We had a baby a few months ago, and he is already eligible for citizenship. I am applying for permanent residency under the family class.

One of the forms asks for a statement from my wife regarding how she will support me. We have written a letter explaining our plans, including that her family owns a home in Canada, which she intends to return to. During her time in Canada, she was a dependent on her father and did not have employment. We also mentioned my plans to look for a job once we arrive.

Our lawyer advised that my wife needs to return to Canada and file her taxes, but it isn’t possible for all of us to travel together at the moment. Is it possible for me to be awarded a visa without her returning first, or does she need to return, find a job, and then sponsor me?

Assume she has notified CRA she was a non-resident when she left Canada. Not sure why she would need to return to Canada to file her taxes or how that would help sounds like she has been a non-resident for at least the past tax year.

 

[canuck78]

waiting for your response

This is a volunteer forum. If you want a quick response pay an expert. How much personal savings does your wife have and do you have? Do you have profession where you could easily transition to Canadian employment? Finding employment given the Canadian economy may be difficult and the cost of living is high so you or your spouse may both need to consider employment or depend on the one who can secure employment first. Does your spouse have post grad/skills training? There is no point in you trying to secure a TRV or visiting Canada. If you returned with your spouse and child or your wife returned that would make a difference. If possible that would also allow you to secure a OWP and hopefully secure employment to show that your family will not be dependent on the government for financial support.

 

[Iqbalkhan7]

by taxes he means to go get a job, once she starts earning and maintains her tax documentation, only then can sponsor me.

 

[armoured]

by taxes he means to go get a job, once she starts earning and maintains her tax documentation, only then can sponsor me.

Okay, I think I understand.

-Did your lawyer tell you that you need this? Is this a Canadian lawyer? I'm going to strongly recommend against using a non-Canadian lawyer for this, and that you and your spouse do this yourselves.
-Because it's not technically correct. It is NOT a requirement in advance for your spouse to return and work and submit tax returns in order to sponsor you.

-That said, your spouse will need to show that somehow she (and you) can support yourselves and the child. That MIGHT mean your spouse returning and working. But savings, your work history / earning capacity, etc., can be enough - it depends.

-While it's nice that her parents will provide a place to live (at least temporarily) that is NOT going to be enough on its own. They're going to want to see that you two have the capacity to work and provide for your family (ideally eventually without housing provided by parents).

-It is true that the weakest part of potential app so far is the fact that the sponsor has no work history at all. If she has an education that strongly supports employment, that would help. But you two have to figure out how to show you will support yourselves.

Now note, there is no specific income level that they require. That said, one person working at minimum wage is going to be very difficult to provide for three including a newborn. I say this as much for you as parents to consider in advance.

 

[YVR123]

by taxes he means to go get a job, once she starts earning and maintains her tax documentation, only then can sponsor me.

Sponsors DO NOT need to have a job in Canada and file tax before they can sponsor their spouses. Specially for outland applications.

It would be "easier" to file the application if everything is perfect.
If you are using a lawyer not in Canada, you should look into changing to a Canadian immigration lawyer practicing in Canada.

If yours is already one, you can consider reporting him/her.

For outland, you can show savings, support from families inside Canada for housing once you moved back (if applies) and job searching and ability to work. (either/both sponsor and PA)

 

[Abhdi]

Sponsors DO NOT need to have a job in Canada and file tax before they can sponsor their spouses. Specially for outland applications.

It would be "easier" to file the application if everything is perfect.
If you are using a lawyer not in Canada, you should look into changing to a Canadian immigration lawyer practicing in Canada.

If yours is already one, you can consider reporting him/her.

For outland, you can show savings, support from families inside Canada for housing once you moved back (if applies) and job searching and ability to work. (either/both sponsor and PA)

you need to file taxes in order to sponsor.

 

[canuck78]

you need to file taxes in order to sponsor.

You don’t get a new lawyer. Your spouse would have reported to CRA that she is not a current resident in Canada when she left Canada and CRA could have determined whether she was a tax resident (doesn’t sound like it). If she did not do this she needs to do so. She is not required to file taxes as a non-tax resident.

 

[YVR123]

you need to file taxes in order to sponsor.

incorrect for spousal/common law sponsorship.
There is a requirement for parents and grandparents and other family member sponsorship that has a requirement to meet LICO.
And in those cases, they do need to show previous year(s) NOA (file tax) to meet the requirement.

Again, IRCC is much more flexible for spousal/common law sponsorship.