Sponsorship without money and Medical Forms

[misterkel]

My common-law wife is sponsoring me. She is freaking out because she makes no money. I understand they cannot deny a family class application for sponsorship based on income. Is that correct?
What can we do to increase our chances?

Second - do we need to include a medical exam with the application or is that done after the first round?
Applying from outside the country.

 

[CharlieD10]

Medical exams for spousal sponsorships are done before application, as there is a requirement to include proof of the medical with the application. It should be one of the last things done before the application is ready, as it is valid for a year from the date it is done.

While there is no minimum income requirement for spousal sponsorships, family class applications can be denied for reasons of income under Section A39 of the Act. This section provides that if CIC is not convinced that adequate arrangements not including reliance on social welfare have been made for the needs of the applicant, and he/she is unwilling or unable to provide for their own needs, the application can be denied.

Therefore, if your wife is not making any money at this time, it is important for you to document in your application how your basic needs will be cared for. Is she job-hunting? Show proof. Will you live with family? Show proof. Does she already own a home? Show proof. Will you be living off savings? Show proof. Are you qualified to work in a trade or profession? Show proof. Stress the fact that you speak one or both (if true) of English and French. Show whatever you have that proves that you will have a roof over your head and you can provide for other basic needs. Doing these things can head off any Section A39 concerns that may arise due to her current income situation.

 

[vivi2]

My income when starting to sponsor my husband was 0 too. It doesn't matter at all. However I explained in a letter that at the moment I don't have a job because I have just moved to canada as a pr, I am looking for a job and I will rely on my savings from my home country till then. I also sent them a copy of my bank statements and also a copy of my admission letter to university with full fund starting from september 2011. I was approved as a sponsor without a problem. She just has to prove that she will be able to support herself and you when you go there. Its ok that she doesn't make money right now but she has to show that she has plans for finding a job and stuff. And as you said a spouse sponsorship case can not be denied because of no income.
Medical exams should be done before the first stage and before sending the application to Mississauga.
Best wishes!

 

[RobsLuv]

Spousal sponsorships absolutely can be denied due to income concerns under A39 - CharlieD10 documented this very well. I know of a case where the Canadian sponsor had been living with his wife for six years in a country where neither of them had citizenship. She had a work permit in this country, but he didn't, and she'd been working and supporting the both of them the entire time. But her work permit in that country was due to expire. CIC denied their PR application under A39 because he didn't have a job lined up in Canada and they weren't "convinced" she'd be willing to work when they arrived in Canada. It was a terrible blow to them, and really set them up for hardship because they could not go to her country, and she was no longer legally able to work where they were. I don't know whatever happened to them, but their case proves that A39 does factor into spousal sponsorships and, if the sponsor has no income, it's best to be proactive and prove that there are other means of support than social assistance available.

 

[sidkrose]

Hi, I'm the sponsor and I don't have income right now either. I'm a student in Canada, but have been living in Germany with my partner for the last year and not working. We are including a very short letter explaining our financial situation and future plans. I have included a job application I already submitted to my university, a bank statement of mine and of my partner's, a letter from my parents stating we can live with them for as long as we need and a pay stub of my partner showing he is being paid for a trainneeship/apprenticeship every month.

I think it should be enough to convince them we won't be resorting to social assistance!