Spousal sponshorship - cosigner

[TammyW]

Hello: I posted this in the wrong forum got 1 reply but wanted to check further on this. I am a Canadian citizen, married to a Mexican citizen, yes legally married. I moved to Mexico (Cabo San Lucas) on Sept 8, 2013. Things did not go well for us there financially and once Hurricane Odile showed up on Sept 14, 2014 ruined out home, my business that I was trying to get going and my husband's work place (call centre) was literally blown away we made the decision to move to Mexico City to stay with his mom rent free and work on getting him a PR residency with me his wife as his sponsor.

I have no job of course in Canada. We can stay with my friend rent free when we get their. I can get a letter stating this from my friend.

I hired a Canadian immigration lawyer in Regina, my home town which I lived in Sask all my life. They informed me I should get a cosigner for our application since I am unemployed. I emailed him that I do not need a cosigner for a spousal sponsored visa as it is the only sponsored visa application that does not have a financial requirement. I just cannot be bankrupt or on welfare or in default of another sponsorship, which I am none of these. I told him that from what I know from researching you cannot have a cosigner on a spousal sponsored visa because the only person that can cosign is a spouse and that would be for sponsoring visas for other family members not a spouse. He just replied back to me that he has always included a cosigner of a family member or friend on applications where the sponsor is unemployed and done this without problem. I paid this lawyer a $1000 Canadian dollar retainer!

I called another lawyers office in Regina to get another opinion and was told a consultation would be for 1 hour and cost me $275 Canadian for that, just to get another opinion on the cosigner issue for a spouse sponsorship PR visa. We just can't afford to go pay $275 to get another opinion.

I do not have a cosigner as my mom is my family in Regina and she is on a fixed Canada Pension and OAS payment income and is disabled. I cannot ask a friend to cosign this visa to take responsibility for my husband legally because that is what it means.

I got one reply on my post on the wrong forum that said I was right on the cosigner issue for the spouse visa and should fire my lawyer right away as he does not understand the financial requirements for spousal sponsored visas.

I will note I am 100% employable in Canada, worked for the prov govn't of Sask for several years as a Business and System analyst, so getting a job would not be a problem for me.

Want another opinion on this lawyer's request for a cosigner? If I can't get one, I am done because I have no job and leaving my husband here in Mexico and going to Canada to get a job and work is not an option for us, as we would be separated physically for a long time.

Thanks in advance for reading this and any thoughts or advice is appreciated.

Tammy

 

[JAMO1973]

You don't need to hire a lawyer as long as you read all the info on the CIC website and follow the instructions. To show intent to return to Canada you will need to show how you are going to re-establish. Write a letter with your plan. How you plan to get started, where you are going to look for work etc. You should include a few letters from friends and family stating that they know of your plan and offering to have you stay with them while you get re-established. You could include job websites you have been checking. Apply for a few jobs online to show CIC that you are serious. If you can get a job offer that would also help. Like I said as long as you follow the guide lines and can prove your intent to return, that is what they are looking for.
Good luck

 

[truesmile]

You are correct. You do not have and do not need a co-signer for your spousal application.

 

[scylla]

I'll say it again: Fire your lawyer before you are given any more horribly wrong advice that could impact your application.

 

[TammyW]

I am calling the firm office manager today and asking for a refund on my retainer and firing him. We cannot afford these types of mistakes. I hired a so called expert to help us with the process and this is not helping us.

Thank you everyone!

 

[scylla]

I am calling the firm office manager today and asking for a refund on my retainer and firing him. We cannot afford these types of mistakes. I hired a so called expert to help us with the process and this is not helping us.

Thank you everyone!

Good for you. A refund is definitely in order.

 

[rhcohen2014]

is it even possible to have a co-signer for spousal sponsorship? if not, then i would not only fire that so called attorney/consultant, i would also report them to the appropriate canadian authority that regulates their sort of business. they should not be giving out advice for spousal sponsorship if they don't know how to properly advise on such matters.

 

[scylla]

is it even possible to have a co-signer for spousal sponsorship? if not, then i would not only fire that so called attorney/consultant, i would also report them to the appropriate canadian authority that regulates their sort of business. they should not be giving out advice for spousal sponsorship if they don't know how to properly advise on such matters.

No - it's not possible to have a cosigner.

 

[scylla]

Yes - but the above only applies if the spouse is not the applicant.

So this doesn't apply in the OP's case and my previous statements still stand.

 

[rhcohen2014]

According to this...it is:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob324.asp

[from link above]

Reinterpretation of the Regulations

With respect to the co-signing of a sponsorship undertaking, subsection 132(5) of the Regulations states the following:

“(5) Subject to paragraph 137(c), the sponsor's undertaking may be co-signed by the spouse or common-law partner of the sponsor if the spouse or common-law partner meets the requirements set out in subsection 130(1), except paragraph 130(1)(c), and those set out in subsection 133(1), except paragraph 133(1)(a), and, in that case,

(a) the sponsor's income shall be calculated in accordance with paragraph 134(1)(b) or (c); and

(b) the co-signing spouse or common-law partner is jointly and severally or solidarily bound with the sponsor to perform the obligations in the undertaking and is jointly and severally or solidarily liable with the sponsor for any breach of those obligations.”

how does that relate to SPOUSAL sponsorship? an applicant can't co-sponsor their own application, who is the sponsor's commonlaw partner or spouse. if the sponsor has a commonlaw partner or spouse that is not the principle applicant for spousal sponsorship, then i doubt an application to sponsor that applicant as a spouse would be approved.

 

[Rob_TO]

According to this...it is:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob324.asp

[from link above]

Reinterpretation of the Regulations

With respect to the co-signing of a sponsorship undertaking, subsection 132(5) of the Regulations states the following:

“(5) Subject to paragraph 137(c), the sponsor's undertaking may be co-signed by the spouse or common-law partner of the sponsor if the spouse or common-law partner meets the requirements set out in subsection 130(1), except paragraph 130(1)(c), and those set out in subsection 133(1), except paragraph 133(1)(a), and, in that case,

(a) the sponsor's income shall be calculated in accordance with paragraph 134(1)(b) or (c); and

(b) the co-signing spouse or common-law partner is jointly and severally or solidarily bound with the sponsor to perform the obligations in the undertaking and is jointly and severally or solidarily liable with the sponsor for any breach of those obligations.”

That only applies when sponsoring someone under family class who is NOT a spouse i.e. child, parents, or someone else. In that case a spouse/common-law partner of the sponsor can be co-signer. Seen all the time in parents applications.

 

[TammyW]

Hi everyone. Yes an applicant cannot cosign their own application. I found some forms and info on the CIC website and sent it off to the 'so called expert'. In IMM 5482 guide it clearly says ' If you are sponsoring a spouse, common-law or conjugal partner, you cannot have a co-signer.' under the info on cosigners. Also under the sponsorship agreement and undertaking IMM1344E form when asked if application has a cosigner it says right below it 'cosigner must be the spouse or the common law partner of the cosigner.

Called the firm today, said I wanted to fire the attorney and why.

This so called expert's assistant got back to me saying they have reviewed the links and rules change without notice to they will be calling CIC to confirm my info.

Geesshhh

 

[scylla]

This so called expert's assistant got back to me saying they have reviewed the links and rules change without notice to they will be calling CIC to confirm my info.

Geesshhh

They are lying. I sponsored my husband in 2009 and can guarantee the rules were the same back then.

I would play the "I know you're lying" card and say that your next step is to report them to the regulatory body they are licensed under. Then ask for your refund again.

***Clarifying that I started reading up on the rules in 2009. Didn't actually submit the application until 2010.***

 

[canuck_in_uk]

This so called expert's assistant got back to me saying they have reviewed the links and rules change without notice to they will be calling CIC to confirm my info.

Complete BS. As scylla said, the rules have been the same for many years and they are just lying to you.

 

[TammyW]

I haven't been doing this for very long, but before I hired this lawyer, I talked to two other geru's and they told me that you do not have a financial requirement and cannot have a cosigner on a spousal sponsored visa that was a few months ago.

Good to know this has been the rule for several years, so obviously they are either lying or do not have a sniff what they are doing and no 'I didn't know' does not cut it.