Separated, do not have custody of kids, do i count them to calculate income?

[hyperloop]

Hello,

I am a canadian citizen looking to sponsor my parents, and need help in calculating family size to calculate minimum income for sponsorship.

Currently, I am separated, do not have custody of my children(both under 12 yrs) and live in a different city than my kids and husband. I am not financially responsible for my children.
Do I still count them as dependent?

There is a big difference in income in counting my two kids as dependent, so need to understand whether to include them in the calculation or not. Appreciate any help on this.

Here's the text from CIC website -

Count: dependent children, if applicable. See the “Definition of dependent child (types 1 and 2)”
Note: Children who meet the definition of a dependent child must be included in the calculation, even if you as a sponsor do not have custody nor provide child support.
-----------------
Definitions of Dependent children (Types 1 and 2)
Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements of type 1 or 2 below:
TYPE 1: The child is under the age of 19 and is single (not married and not in a common-law relationship).
TYPE 2: The child is 19 years of age or older and has been financially dependent on a parent since before the age of 19 due to a physical or mental condition.
-----------------


Thank you!!!

 

[scylla]

Yes - you must include these children when calculating family size for LICO.

 

[Rob_TO]

Just to add, the reasoning from CIC is that is something were to happen to your ex-husband, you would then get custody of the kids so they need to be counted in your family size.

 

[zardoz]

Also, this is not an ex-husband as they are not divorced, but only separated. There is no information on whether this is a full legal separation or just an informal arrangement with no legal foundation. In which case, should the family size also include the "husband"?

 

[screech339]

I have to go with zardoz. The OP will have to include the husband in the family size as well since they are not officially divorced.

 

[mikeymyke]

Also cannot sponsor just one parent to reduce family size, if ur contemplating that. Must sponsor and include both parents in family size.

Might have to work a second job to boost your income

 

[hyperloop]

Thanks all. Officially separated so won't count husband. Is Cic very strict about last 3 yrs income or last 2 good enough? I don't meet min income for 2012 so may have to wait another year before applying.

 

[scylla]

Thanks all. Officially separated so won't count husband. Is Cic very strict about last 3 yrs income or last 2 good enough? I don't meet min income for 2012 so may have to wait another year before applying.

CIC is extremely strict about the income requirement. You either meet this requirement or you can't sponsor your parents. Meeting the requirement for only two years means you cannot sponsor your parents. You will have to wait another full year before you can apply.

 

[screech339]

Thanks all. Officially separated so won't count husband. Is Cic very strict about last 3 yrs income or last 2 good enough? I don't meet min income for 2012 so may have to wait another year before applying.

When you say officially separated, you mean you are officially divorced. Officially separated is not the same as officially divorced.

You can be legally separated and still be legally married to your spouse.

 

[hyperloop]

Legally separated, just need to file for divorce, but good to know. As I need to wait another year, I'll take care of divorce paperwork.

Thank you all. Appreciate your help.

 

[screech339]

Legally separated, just need to file for divorce, but good to know. As I need to wait another year, I'll take care of divorce paperwork.

Thank you all. Appreciate your help.

As long as you become officially divorced by jan 1, 2017, you can exclude your ex-husband from family size. The sooner you get divorced, the sooner you will have official papers to prove your family size excludes your ex-husband. Without copy of official divorce papers in the application CIC may reject your application on account that you didnt include your husband in family size count. I suspect that you will have to provide copy of divorce papers with your parents PR application papers.

 

[allcr]

Can ex-husband with whom the sponsor is legally separated be a co-signer for parents sponsorship application? Thank you for answer.

 

[scylla]

Can ex-husband with whom the sponsor is legally separated be a co-signer for parents sponsorship application? Thank you for answer.

No

 

[allcr]

No

He is countable for family size for Income requirement for
Parent and Grandparent Sponsorship and can't be co-signer at the same time. Is it correct?

 

[scylla]

He is countable for family size for Income requirement for
Parent and Grandparent Sponsorship and can't be co-signer at the same time. Is it correct?

No - that's not correct.

If you are legally separated, then you do not include him in LICO. However he also cannot be a co-signer. He's excluded completely from the process.