Spousal sponsorship

[Caroline T.]

Hello, my boyfriend and I are planning to do the common-law thing.

However, he has student loans from the government. Is he eligible to apply for a common-law sponsorship?

I heard some people were able to petition their spouses/common-law/conjugal partners even while having loans. Is there anyone who can shed more light on this? Is there a workaround?

The last resort actually is that the loan or part of it, will be paid by an external source. But before that, I want to know first if there are any workarounds.

Thank you to whoever will reply, I would really appreciate it.

I'm just a little confused because it says on the CIC website:

You may not be eligible to be a sponsor if you:

did not meet the terms of a sponsorship agreement in the past,
did not pay alimony or child support even though a court ordered it,
get government financial help for reasons other than being disabled

I've read some posts too saying it's not a welfare thing by the government, so student loans are not included.

I think it refers more to being on welfare, if the loans are being paid off and you're commonlaw partner is working or has another source of income, that seems like it would be ok, but maybe some hero members can shed a little more light

 

[tink23]

I think it refers more to being on welfare, if the loans are being paid off and you're commonlaw partner is working or has another source of income, that seems like it would be ok, but maybe some hero members can shed a little more light

Hello, my boyfriend and I are planning to do the common-law thing.

However, he has student loans from the government. Is he eligible to apply for a common-law sponsorship?

I heard some people were able to petition their spouses/common-law/conjugal partners even while having loans. Is there anyone who can shed more light on this? Is there a workaround?

The last resort actually is that the loan or part of it, will be paid by an external source. But before that, I want to know first if there are any workarounds.

Thank you to whoever will reply, I would really appreciate it.

I'm just a little confused because it says on the CIC website:

You may not be eligible to be a sponsor if you:

did not meet the terms of a sponsorship agreement in the past,
did not pay alimony or child support even though a court ordered it,
get government financial help for reasons other than being disabled

I've read some posts too saying it's not a welfare thing by the government, so student loans are not included.

You're right. Students loans don't count. They are talkingn strictly about welfare. A student loan doesn't count because you are paying it back.
I believe even EI doesn't count, so, if within the 3 year undertaking your partner loses his/her job, they can still collect EI and you won't have to pay it back. It is just for welfare.

 

[Zimmi]

Thanks for all the advice! After hearing back from my MP, I can only confirm that you are completely right, the MP can not speed up anything. My MP basically told me that she can only get CIC to do something, if my application is past the posted processing times. Otherwise she can do only as much as I can do.

 

[gimikerangtravelera]

You're right. Students loans don't count. They are talkingn strictly about welfare. A student loan doesn't count because you are paying it back.
I believe even EI doesn't count, so, if within the 3 year undertaking your partner loses his/her job, they can still collect EI and you won't have to pay it back. It is just for welfare.

Hey Tink, thanks for elaborating on this.

Shout out to Caroline T. as well for the insight.

I have another issue, though. Since I will be living with him, the house I'm gonna be staying at is under his Mom's name (he lives with his Mom so he can assist her, as she is already on her 60s), which is subsidized by the government. Will that also be considered or not really since it is not under his name?

 

[tink23]

Hey Tink, thanks for elaborating on this.

Shout out to Caroline T. as well for the insight.

I have another issue, though. Since I will be living with him, the house I'm gonna be staying at is under his Mom's name (he lives with his Mom so he can assist her, as she is already on her 60s), which is subsidized by the government. Will that also be considered or not really since it is not under his name?

If it is his mum's house, I don't think it would matter. I'm not sure, but I don't think it's a big deal.

 

[Azura]

Good Day Everyone!

I hope someone can help me with my queries. My fiance and I are planning to apply for Common Law PR Application, but we have few questions:

1. Is he eligible to sponsor me even he's still married but 10 years separated and the divorce is on processed?

2. Am I going to be entitled to have an Implied Status when my work permit expires on May 2015 automatically, as long as we submitted my PR application together with my OWP Application?

Thank you in advance everyone!

 

[tink23]

Good Day Everyone!

I hope someone can help me with my queries. My fiance and I are planning to apply for Common Law PR Application, but we have few questions:

1. Is he eligible to sponsor me even he's still married but 10 years separated and the divorce is on processed?

2. Am I going to be entitled to have an Implied Status when my work permit expires on May 2015 automatically, as long as we submitted my PR application together with my OWP Application?

Thank you in advance everyone!

Yes to both, however, I do believe that she won't be able to work between her work permit expiring and the sponsor approval/ OWP approval.

So if the current work permit expire May 2015, and sponsor approval isn't done until October 2015, you won't be able to work between e months of May to Oct.

 

[Rob_TO]

1. Is he eligible to sponsor me even he's still married but 10 years separated and the divorce is on processed?

Yes

2. Am I going to be entitled to have an Implied Status when my work permit expires on May 2015 automatically, as long as we submitted my PR application together with my OWP Application?

That depends. What specific type of work permit do you hold now?

 

[gimikerangtravelera]

If it is his mum's house, I don't think it would matter. I'm not sure, but I don't think it's a big deal.

Alright. His mother actually pays for the rent too every month and gets an income since she still works.

And I'm sorry for the many questions, but will our situation count as common-law if it's something like this:

We met July 2013 but wasn't officially in a relationship until around September 2013. He is renting a loft-type apartment here which has 3 rooms, but he is only renting 1 room for himself. His "landlord", the owner of that apartment, stays in 1 room and he is also renting the 3rd room to another person. I live with my parents but I really only go there for clothes, so I practically stay at my boyfriend's place. We traveled extensively in my country, 3 round trip plane rides to prove it. We have e-mails, chat logs, witnesses who can attest to our relationship, he has met my parents, I've met his. He's going back to Canada November 2014 and we plan to file the application when he gets there.

Any suggestions, next steps I should take?

I feel so shy asking a lot of questions lol. I really appreciate your help.

 

[amjad3126]

I applied to sponsor my spouse with inland application. It will take 13 months to get the application accepted for first stage.
As my spouse living with me and enjoy the implied status until first stage approval , and during that time not covered by Alberta health services.
Because Alberta heath care only covers when you have valid visa and extend up to 90 days.
So what the advice to cover her health care during that lapse time especially if she got pregnant. I have coverage for her that covers her lab exam and medicine.
Any advice highly appreciated

Can she work or study during implied status, Your reply will be appreciated.

 

[Azura]

Yes

That depends. What specific type of work permit do you hold now?

I am working in the food industry and in low skilled. How can it be depends on type of work permit?
TIA

 

[Rob_TO]

I am working in the food industry and in low skilled. How can it be depends on type of work permit?
TIA

You will have implied visitor status regardless.

Whether you can continue to WORK though under implied status, depends on what exact kind of work permit you hold.

Some work permits are extendable so you can continue to work under implied status even after work permit expires, while other work permits are not extendable so you must stop working when it expires, even if you have implied status to stay in Canada. I'm still not clear what kind of work permit you currently hold.

 

[Azura]

You will have implied visitor status regardless.

Whether you can continue to WORK though under implied status, depends on what exact kind of work permit you hold.

Some work permits are extendable so you can continue to work under implied status even after work permit expires, while other work permits are not extendable so you must stop working when it expires, even if you have implied status to stay in Canada. I'm still not clear what kind of work permit you currently hold.

Thank you so much Rob TO for your reply. But, I am wondering what kind of specification you need to know about my work permit. With that I can tell you specifically.

 

[Rob_TO]

We met July 2013 but wasn't officially in a relationship until around September 2013. He is renting a loft-type apartment here which has 3 rooms, but he is only renting 1 room for himself. His "landlord", the owner of that apartment, stays in 1 room and he is also renting the 3rd room to another person. I live with my parents but I really only go there for clothes, so I practically stay at my boyfriend's place. We traveled extensively in my country, 3 round trip plane rides to prove it. We have e-mails, chat logs, witnesses who can attest to our relationship, he has met my parents, I've met his. He's going back to Canada November 2014 and we plan to file the application when he gets there.

As you are officially living with your parents, and he is living in his apartment, I don't think you will qualify for common-law. Just staying there a lot does not constitute cohabitation. To actually cohabit both of you must have actually set up your life under 1 roof. So you will need to show things like:
- shared lease agreement, or declaration from the "landlord" of the apartment that you are living there for at least 1 full year
- mail to you sent to his apartment
- shared purchases of household items or utilities
- any shared finances (bank acct, credit card, life insurance, etc) that shows you both have same address
- changing status with CRA for tax purposes from "single" to "common-law" as of the 12th month you lived together

Your difficulty will not be proving your relationship is genuine, it will be proving you truly cohabited for 12 consecutive months.

 

[Rob_TO]

Thank you so much Rob TO for your reply. But, I am wondering what kind of specification you need to know about my work permit. With that I can tell you specifically.

i.e. is it a closed work permit for just 1 company? Or an open work permit such as IEC or working holiday?