Spousal sponsor problem

[Bill G]

Hi, me and my girlfriend are planning on marriage and she (a Canadian pr) would like to sponsor me to be a Canadian pr.

my girlfriend have broke up with her ex husband few years ago and they had a children which is legally given to my girlfriend, but they just started the legal divorce court case because of me and it had already been some times and we are still waiting for the court to finally order her divorce certificate.

We will wait until her divorce case is closed and start my sponsorship application, but will this make the case hard? She is currently unemployed and I am a student in Canada, we have met for a year or sth and first met online ahead my arrival in Canada and we now live together. We are currently all inland Canada.

what should we do to make this application stronger and convince the IRCC that we are genuine partners?

thanks !

 

[scylla]

Hi, me and my girlfriend are planning on marriage and she (a Canadian pr) would like to sponsor me to be a Canadian pr.

my girlfriend have broke up with her ex husband few years ago and they had a children which is legally given to my girlfriend, but they just started the legal divorce court case because of me and it had already been some times and we are still waiting for the court to finally order her divorce certificate.

We will wait until her divorce case is closed and start my sponsorship application, but will this make the case hard? She is currently unemployed and I am a student in Canada, we have met for a year or sth and first met online ahead my arrival in Canada and we now live together. We are currently all inland Canada.

what should we do to make this application stronger and convince the IRCC that we are genuine partners?

thanks !

You don't have to wait for the divorce to be finalized. She can sponsor you as a common law partner once you have lived together continuously for at least one full year.

It would be better for her to be employed. However she can still apply to sponsor you provided she is not on social assistance. If she is on social assistance, then she does not qualify as a sponsor.

 

[Bill G]

Hi, she is taking canada child benefit , if that count as social assistance? Also we still wanna wait for the divorce to be done so we do spousal sponsorship because I think her divorce can be finish earlier than the date we can legally be common law partner, so I still wonder if there is a wait time before she can sponsor me and her divorce ordered. Thank you, any help would be appreciated

You don't have to wait for the divorce to be finalized. She can sponsor you as a common law partner once you have lived together continuously for at least one full year.

It would be better for her to be employed. However she can still apply to sponsor you provided she is not on social assistance. If she is on social assistance, then she does not qualify as a sponsor.

 

[Buletruck]

Hi, she is taking canada child benefit , if that count as social assistance? Also we still wanna wait for the divorce to be done so we do spousal sponsorship because I think her divorce can be finish earlier than the date we can legally be common law partner, so I still wonder if there is a wait time before she can sponsor me and her divorce ordered. Thank you, any help would be appreciated

You would have to be married to go that route. There is however no wait time between divorce and getting remarried.

 

[Bill G]

You would have to be married to go that route. There is however no wait time between divorce and getting remarried.

Hi so is she taking Canada child benefit count as a social assistance? That’s the only social welfare program we are on. Thanks!

 

[Naturgrl]

Hi so is she taking Canada child benefit count as a social assistance? That’s the only social welfare program we are on. Thanks!

CBB is not social assistance. How is she supporting herself if not working? She has to take on financial responsibility for you for a minimum of 3 years.

 

[Bill G]

Well we have some savings and enough to cover a lot , she haven’t worked for three years though…

 

[Naturgrl]

Well we have some savings and enough to cover a lot , she haven’t worked for three years though…

Okay, but she is the one showing that she can support you, not you supporting her or yourself.

 

[Bill G]

So should she go and get a job just for this?

 

[Naturgrl]

So should she go and get a job just for this?

Her decision but would not be a bad idea. She has not only you but needs to show she can support her children.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#obligations

 

[armoured]

So should she go and get a job just for this?

If you also work and/or have obvious path to employment in Canada (studies in an area with good earnings potential), you both can and should refer to this. Your own savings can be relevant to.

For spousal sponsorship, they do indeed want to see that the sponsor can support, but it's clear they pay some attention to the financial capacity of the spouse-applicant.

 

[Bill G]

I’m currently full time undergraduate student at uoft and I hope this count as “potential path to career in Canada”, and she just take care her kid at home that’s basically our situation rn

 

[canuck78]

I’m currently full time undergraduate student at uoft and I hope this count as “potential path to career in Canada”, and she just take care her kid at home that’s basically our situation rn

Being a undergrad student is not a clear path to a job or income. Certain types of degrees and if you are graduating this year may help prove that you have high chances of getting employed.

 

[Naturgrl]

I’m currently full time undergraduate student at uoft and I hope this count as “potential path to career in Canada”, and she just take care her kid at home that’s basically our situation rn

This is not a clear path or guaranteed income. Your partner also has a child to support as well as take on financial responsibility for you. You are still a student.