Sponsorship and disability

[Yelsew]

I am aware that a Canadian citizen/permanent resident who is receiving a disability benefit can sponsor his/her partner, but what if that partner is ALSO disabled and whose only source of income is also a modest disability benefit (outside Canada)? I'm sure this situation has arisen, but I can't seem to find any reference to it on the forum or elsewhere. The big concern is that the application could be rejected for financial reasons (section 39 of the Act). The disabled partner is not necessarily 'unemployable' but there are obvious obstacles and work history is quite limited. The families of both may be able to offer some limited help, but will that be enough to satisfy CIC? What are the chances of the application succeeding? Can the legitimate H&C concerns (they have a young child) be raised in the original application to overcome the financial issues, or can that only be done in the case of an appeal? I will appreciate any guidance on this rather unfortunate situation.

 

[Alurra71]

I am assuming that the partner is either common law or spouse, in which case the amount of money either makes is not a consideration. The sponsor can not be receiving any kind of welfare, and I don't think disability is in that class. The only thing CIC will ask, if anything, is what is the plan to support yourselves when your spouse arrives. They just want to be sure you don't go onto welfare.

 

[scylla]

I am assuming that the partner is either common law or spouse, in which case the amount of money either makes is not a consideration. The sponsor can not be receiving any kind of welfare, and I don't think disability is in that class. The only thing CIC will ask, if anything, is what is the plan to support yourselves when your spouse arrives. They just want to be sure you don't go onto welfare.

Actually - that's not quite true. While there is no minimum income requirement for sponsoring a spouse, CIC does review financials to ensure the sponsor has the means to support their partner/spouse. We have seen a handful of spousal application refusals here due to income (where the sponsor was not on welfare and not bankrupt). So the concerns the OP has expressed in his/her post are real.

 

[Abe1004]

Though I am not a disabled person myself or dont know much about this I can only share my experience. Number 1 I think scylla makes sound point, that it doesnt matter what or how much partner can make because its sponsor's responsibility to provide for sponsored one (in any case that is done so, that if sponsored person cant find a job, he/she is not left claiming walfare, or even worse in dire economical position (which we all know))

However, my spouse was on long-term disability receiving only 70% of her pay and we submitted paperwork which included her limited income to CIC. We passed the sponsorship approval with flying colors.

 

[Alurra71]

Actually - that's not quite true. While there is no minimum income requirement for sponsoring a spouse, CIC does review financials to ensure the sponsor has the means to support their partner/spouse. We have seen a handful of spousal application refusals here due to income (where the sponsor was not on welfare and not bankrupt). So the concerns the OP has expressed in his/her post are real.

While I myself have never seen such an issue arise, I can only assume you know what you are talking about.

I can however state that I have checked in numerous places and all of them state the same fact, that so long as you are not receiving welfare (disability is not welfare) then sponsoring a spouse or common law partner there is no minimum income required. The sponsor or spouse may be inadmissible for other reasons, but I have not personally read about, nor heard about a sponsor being denied approval based on income alone when it comes to spousal sponsorship. There could be extenuating circumstances if your spouse has like 10 kids or something to bring with him/her but I would think that would also be a rare thing.

 

[Yelsew]

Thank you all for your responses, although it appears that nobody really focused on the part about the applicant's circumstances (ie, the person being sponsored, not the sponsor). Based on a reading of this excerpt from OP 2, especially the part I have highlighted, it certainly appears that the sponsored person's financial situation DOES matter and could impact the decision, especially if there are concerns that the sponsor may have difficulty supporting his/her partner and (in this case) their child.

Sponsors of dependent children and of spouses, common-law partners or conjugal partners (unless they have dependent children who have dependent children of their own) do not have to meet financial requirements, but they do undertake to provide for the basic necessities of the sponsored applicants so that the applicants do not need social assistance. Applicants may be refused for financial reasons under A39 if they are unable or unwilling to support themselves and their dependent children and there are not adequate arrangements for their care and support. Officers should take into consideration the sponsor’s financial situation and willingness to assist, as well as the financial situation or employment prospects of the applicant, if applicable.

 

[canuck_in_uk]

Thank you all for your responses, although it appears that nobody really focused on the part about the applicant's circumstances (ie, the person being sponsored, not the sponsor). Based on a reading of this excerpt from OP 2, especially the part I have highlighted, it certainly appears that the sponsored person's financial situation DOES matter and could impact the decision, especially if there are concerns that the sponsor may have difficulty supporting his/her partner and (in this case) their child.

If the sponsor is low income or has no income (ie., stay-at-home parent), then the VO reviews the finances of the family as a whole.

The question to answer for the application is: Are you guys going to be able to support yourselves and your child without welfare?

If the answer is yes, then you need to prove that to the VO. If the VO thinks you will need welfare, there is a good chance of refusal.

 

[Alurra71]

Thank you all for your responses, although it appears that nobody really focused on the part about the applicant's circumstances (ie, the person being sponsored, not the sponsor). Based on a reading of this excerpt from OP 2, especially the part I have highlighted, it certainly appears that the sponsored person's financial situation DOES matter and could impact the decision, especially if there are concerns that the sponsor may have difficulty supporting his/her partner and (in this case) their child.

Sponsors of dependent children and of spouses, common-law partners or conjugal partners (unless they have dependent children who have dependent children of their own) do not have to meet financial requirements, but they do undertake to provide for the basic necessities of the sponsored applicants so that the applicants do not need social assistance. Applicants may be refused for financial reasons under A39 if they are unable or unwilling to support themselves and their dependent children and there are not adequate arrangements for their care and support. Officers should take into consideration the sponsor's financial situation and willingness to assist, as well as the financial situation or employment prospects of the applicant, if applicable.

The reason nobody is really focusing on the 'applicants' income, is because in order to sponsor someone to move to Canada, that 'burden' becomes that of the sponsor, not the applicant. All that would need be proved, is that the family would be able to sustain themselves once the PR is granted. I am willing to be you are not the first person to have this same situation. Canada welcomed over 250,000 new immigrants in 2012. How is your spouse/common law partner currently surviving? Modest disability income or not, they are currently managing I assume. As long as that disability will continue once they reach Canada or you can show that you as the sponsor are able to continue to provide for your spouse that shouldn't be an issue. If you are thinking that your spouse will come here to Canada and then get disability from Canada, then you are going to play hell to get that paperwork approved. Otherwise, you won't know what the outcome will be until you file and see what they say.

 

[scylla]

The reason nobody is really focusing on the 'applicants' income, is because in order to sponsor someone to move to Canada, that 'burden' becomes that of the sponsor, not the applicant.

While CIC looks primarily at the financial profile of the sponsor - the applicant's is also sometimes considered. Specifically, in cases where the sponsor is on disability or has very low / no income, CIC will sometimes make an assessment of the applicant's capability to be employed and earn an income once in Canada. While these cases do appear to be rare, we have seen a handful of cases here on this forum were an application has been refused not only because CIC was concerned that the sponsor could not support the applicant (due to being on disability or having no income), but also because the applicant was unlikely to be able to earn an income once in Canada. This is why the OP's concerns are justified. Having both individuals on disability increases the chances of refusal. If only the sponsor was on disability and the applicant was ready/able to work once in Canada - I would say there's nothing to worry about.

Yelsew - They should include evidence to show how they will make things work financially. If the parents are going to assist (it would be good if they can), they should provide evidence of that (bank account statements, affidavits, etc.). Any chance they are going to live with the parents? If so, include a letter from the parents that mentions this as well.

 

[Catou]

Thank you all for your responses, although it appears that nobody really focused on the part about the applicant's circumstances (ie, the person being sponsored, not the sponsor). Based on a reading of this excerpt from OP 2, especially the part I have highlighted, it certainly appears that the sponsored person's financial situation DOES matter and could impact the decision, especially if there are concerns that the sponsor may have difficulty supporting his/her partner and (in this case) their child. [/i]

Sadly, you are right. Canada is risk-averse where it comes to immigration and disability. In assessing such a situation they will look at various factors, including if the disabled person is part of a family with the ability and willingness to provide satisfactory and permanent financial security. They don't tend to take family to mean an adult person's parents. It's safest to assume that they want the family unit of sponsor, applicant, and child to be able to prove self-sufficiency.

Most countries don't allow disability benefits to be portable. If the applicant's country does allow this then it could help. However, CIC will need strong evidence that the applicant won't need to claim on Canada's social and/or health services.

It's a long process to go through with immigrating to Canada and very stressful waiting to find out if your loved one is admissible. In this case, I strongly suggest you seek the advice of an immigration lawyer.

 

[Yelsew]

Thank you Scylla and Catou, you both confirmed what I was trying to get at. I too was concerned about the risk of refusal if both partners are on disability, not only the sponsor. Thus, CIC regulations seem to be stacked against two people in a sponsorship application who are disabled, obviously through no fault of their own. Hence the need to demonstrate other avenues of support, such as from the families, as mentioned.

By the way (Scylla) what does 'OP' mean? I've seen this abbreviation in other threads as well in reference to someone who asks a question, so I'm guessing the P means post or poster...

 

[scylla]

OP = original poster (in this case you)