Questions about Spousal Sponsorship - student with no income

[candymanny]

I want to sponsor my husband to come to Canada but I am currently a student and I am not working right now. I have worked for a few months full time and a few months part time in 2013, right now I have around CDN$9,000 in my bank account. I am going to look for a job after this semester ends. When my husband comes, we are planning to move out and live together, is this going to work? Will our application got refused because I am not working and I don't have enough money in my bank? I know that there is no minimum income amount for spousal application, I called an agency and he told me that I will have to have around CDN$50,000 in my bank account and the officer will have to check all my family member's(my parents and my siblings) financial state and background to see if I am qualified to support my husband, is that true?

 

[zardoz]

No. It's not true.

 

[Becki567]

I want to sponsor my husband to come to Canada but I am currently a student and I am not working right now. I have worked for a few months full time and a few months part time in 2013, right now I have around CDN$9,000 in my bank account. I am going to look for a job after this semester ends. When my husband comes, we are planning to move out and live together, is this going to work? Will our application got refused because I am not working and I don't have enough money in my bank? I know that there is no minimum income amount for spousal application, I called an agency and he told me that I will have to have around CDN$50,000 in my bank account and the officer will have to check all my family member's(my parents and my siblings) financial state and background to see if I am qualified to support my husband, is that true?

I am a full time student with no job. I also have two children from a previous relationship. I was approved to sponsor my husband

 

[jenny12345]

The agency you asked is hilarious. There is nowhere in the CIC website you can find that you need to have 50 grand to be able to sponsor. There is no income requirement to sponsor. They will not check your family's financial background either. Go ahead with the sponsorship and do the forms from the website. You can save 3000 on lawyers fees if you will do it yourself. Use this forum and the instruction guide on the website. Good luck!

 

[Siva]

Hi

I sponsored my husband and I was refused on financial reasons because I did not meet LICO cut off or the minimum income and this was written by the VO. I am on ODSP as well and had a couple of jobs but could not hold on to them long enough. I thought there were no minimum requirement. They accepted me as a sponsor but refused my husband for permanent resident. I was wondering if there is anyone out there with similar experiences.

 

[Graihn]

Hi

I sponsored my husband and I was refused on financial reasons because I did not meet LICO cut off or the minimum income and this was written by the VO. I am on ODSP as well and had a couple of jobs but could not hold on to them long enough. I thought there were no minimum requirement. They accepted me as a sponsor but refused my husband for permanent resident. I was wondering if there is anyone out there with similar experiences.

If they approved you as a sponsor, I find it hard to believe that they refused him due to financial reasons. After the sponsorship has been approved the VO can only refuse you if he has a criminal background, or he failed the medical exam, or they find your relationship to not be genuine.

There is no minimum income requirement, but you need to show proof of being able to support him, and social assistance is not accepted. Are you sure you were approved to sponsor him?

 

[SenoritaBella]

Actually, the spouse being sponsored can be rejected on the basis of financial inadmissibility even if the sponsor gets sponsorship approval. The visa officer still has to be satisfied that there are plans in place to ensure they won't go on social assistance. Sometimes, they will even ask the sponsored spouse to demonstrate financial ability. This happened to one member here, her username is 'gango girl'. Her husband was approved to sponsor her but later fell behind on family maintainance payments. They asked his wife(gango girl) to demostrate she could take care of all of them. Unfortunately for her, the officer was not satisfied and rejected the application.

Siva talks of not meeting LICO which can only mean her spouse has dependent children who have dependent children of their own. That is, his children and grandchildren depend on him. So she would have had to complete the Financial Evaluation form (IMM 1283).

If they approved you as a sponsor, I find it hard to believe that they refused him due to financial reasons. After the sponsorship has been approved the VO can only refuse you if he has a criminal background, or he failed the medical exam, or they find your relationship to not be genuine.

There is no minimum income requirement, but you need to show proof of being able to support him, and social assistance is not accepted. Are you sure you were approved to sponsor him?

 

[MofC2014]

If they approved you as a sponsor, I find it hard to believe that they refused him due to financial reasons. After the sponsorship has been approved the VO can only refuse you if he has a criminal background, or he failed the medical exam, or they find your relationship to not be genuine.

There is no minimum income requirement, but you need to show proof of being able to support him, and social assistance is not accepted. Are you sure you were approved to sponsor him?

You are incorrect. The VO can refuse on financial grounds.

IRPA provides that a foreign national may be inadmissible for not complying with certain obligations:

39. Financial reasons - A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.

 

[Graihn]

Actually, the spouse being sponsored can be rejected on the basis of financial inadmissibility even if the sponsor gets sponsorship approval. The visa officer still has to be satisfied that there are plans in place to ensure they won't go on social assistance. Sometimes, they will even ask the sponsored spouse to demonstrate financial ability. This happened to one member here, her username is 'gango girl'. Her husband was approved to sponsor her but later fell behind on family maintainance payments. They asked his wife(gango girl) to demostrate she could take care of all of them. Unfortunately for her, the officer was not satisfied and rejected the application.

Siva talks of not meeting LICO which can only mean her spouse has dependent children who have dependent children of their own. That is, his children and grandchildren depend on him. So she would have had to complete the Financial Evaluation form (IMM 1283).

Ok thanks for clearing that up, you learn new things on a daily basis on this forum !

 

[MofC2014]

Hi

I sponsored my husband and I was refused on financial reasons because I did not meet LICO cut off or the minimum income and this was written by the VO. I am on ODSP as well and had a couple of jobs but could not hold on to them long enough. I thought there were no minimum requirement. They accepted me as a sponsor but refused my husband for permanent resident. I was wondering if there is anyone out there with similar experiences.

Siva, if your husband was denied visa based on section 39 of the IRPA there is a good chance that this can be won on appeal if you and your husband can prove that although you on on ODSP when your husband is here based on his education and qualifications he will be able to be gainfully employed therefore will be able to provide for you and himself and any children you already have or will have.


Here are some appeal cases that you can review.

https://www.canlii.org/en/search/search.do?text=financial+admissibility&type=decision&ccId=cisr

https://www.canlii.org/en/search/search.do?type=decision&ccId=cisr&text=financial%20inadmissibility

 

[MapleLeafBride]

So for personal clarification, if the OP is a student sponsoring her husband and neither have any dependents, providing he is perceived to have the ability to work/support them without going on social assistance (e.g. speaks English, is educated, has some sort of work history, etc...), then there is little reason to suspect her application would be rejected based on her student status, right? Especially as her getting an education should only increase her own ability to find meaningful employment.

 

[Siva]

Hi All,

Thanks for the responses. Yes I was approved as Sponsor and this is both of our first marriage. We don't have any children together yet but we are planning when he arrives to start a family. I was only rejected on financial reasons. I appealed in September 2013 and have not heard back from them yet. I don't know if this going to an ADR or IAD hearing. I was wondering if anyone knows why the long wait and whether my case will go to ADR or IAD. My husband is an Accountant and I am an Economist. We are both educated. And I showed my savings account as well. The VO stated that I missed the minimum income by a long shot. My income was $12500 for 2012.

 

[MofC2014]

Hi All,

Thanks for the responses. Yes I was approved as Sponsor and this is both of our first marriage. We don't have any children together yet but we are planning when he arrives to start a family. I was only rejected on financial reasons. I appealed in September 2013 and have not heard back from them yet. I don't know if this going to an ADR or IAD hearing. I was wondering if anyone knows why the long wait and whether my case will go to ADR or IAD. My husband is an Accountant and I am an Economist. We are both educated. And I showed my savings account as well. The VO stated that I missed the minimum income by a long shot. My income was $12500 for 2012.

Siva, I do not know how long the appeal process takes. There is a forum thread for spousal appeals where you can get a timeline of sorts. Below is the link to the thread.

http://www.canadavisa.com/canada-immigration-discussion-board/all-spouse-appeal-cases-come-here-and-join-us-plz-t87619.2280.html

Based on the information you provided I believe that the visa officer erred in their decision and based on review of many canlii cases there is a high probability of a successful appeal as prospects of gainful employment is quite high in both of your professions. Which visa office processed your application?

 

[SenoritaBella]

One would hope that's the case, but it's not something to leave to chance or count on an officer to "figure out". I would recommend the OP clearly detail plans in place to ensure they won't go on social assistance. Attach proof of any savings they have. Graduation is in the future and statistics show most graduates do not find work immediately after school. If her family will provide housing, financial assistance, etc for them until they get on their feet, this should be mentioned and proof attached.

So for personal clarification, if the OP is a student sponsoring her husband and neither have any dependents, providing he is perceived to have the ability to work/support them without going on social assistance (e.g. speaks English, is educated, has some sort of work history, etc...), then there is little reason to suspect her application would be rejected based on her student status, right? Especially as her getting an education should only increase her own ability to find meaningful employment.

 

[Siva]

Hi MofC2014,

The visa office is Columbo, Sri Lanka . Thanks