Hi guys here is my situation.......My partner has just completed his LLB and is awaiting acceptance to the bar in our home country as such we decided that its best for him to qualify here (locally) as a practicing Attorney (18 months bar program) and then join us in Canada (assuming that I am able to get the PR by June 2018 God's willing). Assuming the transition from one commonwealth to another should be easier and more cost effective.....though we anticipate he may very well have to do the bar in any province we decide to setlle.
The issue is I have is I have not quite reach the settlement fund requirement in my personal account and I now have 1 of two options pending OINP NOI or ITA directly from the pool:
1) My partner could transfer the difference 6,000k CAD from his account to mine, however, I would not satisfy the 6month rule if OINP reopens anytime soon. We decided its best we show enough funds to support the entire family (5 including my partner) even though he joins at a later date.
2) I could wait until the end of October as I am anticipating a lumpsum at the end of October pay cycle that should cover the shortfall. What support should I present to OINP/CIC (If it reopens before I get direct ITA) to confirm that this is legitimately mine?
Which of the two options is the safest?
Regarding option 1, you don't need to hold the funds you're claiming for settlement for 6 months; IRCC just wants a 6-month history so they can check for any suspicious deposits that could be, for example, you trying to pass the proceeds of a loan off as unencumbered funds for settlement (which we're not allowed to do). In other words, as long as you adequately explain and provide proof of where the funds are coming from, you can get the funds the day before you submit your application and be fine - it doesn't have to be in your account for 6 months.
So, if you want to transfer money from your partner's account, just have him sign an affidavit declaring the money to be yours, free and clear to use for settlement purposes (I don't think you have to go as far as getting a Gift Deed since it's your partner/spouse), and show the bank statements and any other documentation that outline the transfer.
If you decide to go with route 2, though, you would need to provide evidence of where the lump sum is coming from...perhaps a pay slip for that month (if it's a bonus or something)...
Whichever option you choose, you're going to have to provide evidence of where the large deposit came from.