Spousal or Skilled Worker?????

[dfb]

I have posted a few times on here with various questions and am still confused about the best way to do this. Here is a summary of all the facts:

1. I am a US citizen
2. My husband and children are Canadian citizens (they are actually dual citizens - Americans as well)
3. I am currently living in Canada on a work permit - I have been here since December 2004. My current work permit expires December 2010.
4. My husband is a stay-at-home parent (since 2002)- I support the family finanically and he cares for the children. Our assets (home, bank accounts) are held jointly.
5. Both my husband and I have professional degrees. He is not working only because we have decided that we would like for one of us to be home with the children while they are young. My salary is more than sufficient to provide for the family.

I understand that my husband is not required to show proof of income to sponsor me (his spouse), but the Call Center told me that he would have to show proof that he could support me financially in the event I lose my job. It is not clear to me how I would do this. A letter describing the situation? A copy of his law school degree? My tax forms showing my income?

In your experience, is it likely that he will be rejected as a sponsor based on these facts? If he is going to be rejected as a sponsor, should I just skip this and apply as a skilled worker? Also, if it is possible that he will be rejected, should I check that box at the beginning saying that I want my money back if he is?? What are the ramifications, if any, for my skilled worker application if he is rejected.

Thanks again.

 

[hwzeee]

Hi. I just saw your post here. One thing needs clarification: if you and your husband share all your family's assets such as bank accounts etc. why can't he show that account statement as a proof of financial stability? Have you checked that possibility?

 

[PommeDeRoute]

Hi dfb

I am an American citizen, too, and my wife is Canadian. We have a similar situation in that I am the one working and she is the one sponsoring. I just landed as a PR at the end of June and am now just waiting for a job offer in Canada before leaving my job in the US.

From the sound of it, our situation was even more precarious than yours because my wife was on social assistance prior to us submitting our application. It may be a bit different for you guys because I immigrated to Quebec, but at no point did my wife ever have to prove that she would be able support me in the event that I lose my job. All she had to prove was that she was no longer receiving social assistance when we applied.

I would really take anything the call centre tells you with a grain of salt. Anytime these bureaucrats get a question that is in the slightest way non-routine, you have about a 50/50 chance of getting the right information. And if you are dealing with Quebec, the chances are even worse.

By stating that you want your money back, what you are telling them is that if he is rejected as a sponsor, you do not wish to proceed with your application for PR. If his sponsorship application is rejected, it is likely that your application for PR will be rejected, too. Why spend the money if the chances of your PR application being rejected are close to 100%?

I would say that there would be no negative ramifications on your skilled worker application if his sponsorship application is rejected, as long as you don't get flagged for anything like misrepresentation etc.

My advice is to go with the spousal sponsorship application.

Good Luck!

 

[dfb]

Thanks. It is very helpful to hear someone's first hand experience. What did your provide in lieu of the her tax form - I assume she had none since she wasn't working? Did you include a letter or anything explaining the situation?

Thanks again.

 

[PommeDeRoute]

Hi dfb

It was a little more complicated than I'm probably making it sound, but there was really no proof that we had to provide. When immigrating to Quebec, you just need to fill out the application for the Certificat de Selection du Quebec. On the application, we just stated that she was not in receipt of social assistance, which she no longer was. The authorities can verify that with the appropriate ministry if they need to. As there is no minimum income requirement to sponsor a spouse, Quebec did not need any proof that she was working. When you go through Quebec, the financial piece of the process is handled at the provincial level and security etc is handled by the feds.