Spousal sponsorship

[frege]

Last question...

I go see my boyfriend in August.
(California to ON)

I plan on staying for 6 months (my full extent as a visitor) to do a 6 month program at Algonquin college. (Not sure just yet if i'll be applying for a study permit)
Is it possible for me and my boyfriend to legally get married, say...a month or two into my visit...knowing that I'll be starting a program there in winter/spring?

Can he still sponsor me as his spouse if I'll be a student in Canada?
Will this cause any problems at all? delays?

There's also no reason you couldn't get married. In that case, he could sponsor you immediately, either inland or outland, and the fact you were a student wouldn't cause any problems.

Be aware that they're sometimes suspicious of very short courtships, in the sense that they take that as a sign of a possible sham marriage. This happens sometimes with people who have mostly been in contact over the internet. The fact you're a U.S. citizen helps a lot in this respect, and if you're "compatible" according to their criteria (age, education, etc.), that will help too, so don't be too alarmed. There's a list of supporting evidence which I found helpful - I can't post the link here, but to see it, type "spousor your spouse for Canadian permanent residence" (sic) into Google.

If he sponsors you inland, you'll be in a better position if you have a study permit, because you won't need to leave the country if you want to do another program after the first six-month one. (If you have an inland sponsorship application going and you leave the country but can't get back in, then the sponsorship application is gone.)

 

[KKRSTNA]

Thank you so much for the information!
That site was very informative and has given me a much better understanding of things.


I have another question...

Is it best to actually get a courthouse Affidavit form? or is having friends write one up stating things about our relationship just as good as long as its notarized?

 

[irallyn]

@computergeek thank you!

 

[blondie1216]

Good Morning,

Congrats to everyone who have finished. I am a Canadian citizen who has never lived in Canada. I am sponsoring my spouse. I will be moving up before him, actually in a few weeks and would like to know if I need to land like PRs. Do I have to go through the immigration section that PRs do when they first land?

Do I have to fill out the forms for declaring my stuff?

Or can I just go to a welcome centre when I arrive?

Any help would be greatly appreciated. SO new to this!

 

[vincystress]

hi every one just a lil update for
so as you all know i saw dm on my ecas on dec 13
my passport was sent from cbsa to cic on dec 11
i spoke to a really nice agent today that seen to good at her job
she told me that on dec 18 my case was finalized and she dose not think i will get a letter from cic veg sine my file is at etobicoke since june
so i will most likly only get my landing interview date.

how long do you guys think they will take etobicoke i mean to send a letter with landing interview?

 

[Paulo T]

Hello all

Im Paulo, im from Portugal, and my wife is from Canada, we been married for 7 month, married in Canada, and starting the papers work to move to canada, have a few questions since all is a big mess of papers

To Start:
Certified true copies

To have a photocopy of a document certified, an authorized person must compare the original document to the photocopy and must print the following on the photocopy:

“I certify that this is a true copy of the original document”,
the name of the original document,
the date of the certification,
his or her name,
his or her official position or title, and
his or her signature.

This means all my documents photocopys have to be certified? The notary public here don't write the certification paper in english...so how i even do that?

About the forms and medical examination....so i send all papers to my wife in canada she puts her stuff together and sends everything to missasauga right? since now i saw this (Note: You may be eligible to come to Canada through Family Sponsorship.
First, your family member who is a citizen or permanent resident of Canada must apply to be a sponsor and then be approved. When your sponsor receives positive results from her/his sponsorship assessment, you have one year to complete the forms and gather all the required documents. You should send them as soon as possible to the appropriate visa office....now does she have to send first her papers? or goes all together to missasauga and they send mines to Paris?)
And about the Medical exams: then i wait for them to ask for the medical exams? I called the place here where they do the exams and i need a process number...how i get that number? After i print all papers and pay? Or after i send all to missasauga and wait for answer or smtg??

the translation of documents and certification....can be a friend do the translation and be certified? Or need to be a translation company doing that?

About the forms:

So my wife is the sponsor she fills this ones right?

Document Checklist [IMM 5491] (PDF, 159 KB)
Application to Sponsor, Sponsorship Agreement and Undertaking [IMM 1344] (PDF, 356 KB)
Sponsorship Evaluation [IMM 5481] (PDF, 110 KB)
Sponsor Questionnaire [IMM 5540] (PDF, 160 KB)

Use of a Representative [IMM 5476] (PDF, 55 KB) and Statutory Declaration of Common-Law Union [IMM 5409] (PDF, 97 KB) think i don't need since we married and we don't have a representative.

And i should fill this ones right?

Generic Application Form for Canada [IMM 0008] (PDF, 536 KB)
Schedule A – Background/Declaration [IMM 5669] (PDF, 170 KB)
Additional Family Information [IMM 5406] (PDF, 88 KB)
Sponsored Spouse/Partner Questionnaire [IMM 5490] (PDF, 142 KB)

I have the Medical one IMM1017, but has ask before...dunno then how it's done this one, since someone said would be better send right away with all forms...but with a process number dunno how...

For now think is all...been printing photos and our convos to send also, and get everything basically ready to send soon i hope...the photos need be printed as original? I was going to print 4 photos in a A4 paper with subtitles on it explaining each photo, can it be this way?

Thanks to all for all help you can give, and if anyone from Portugal mail me pls or if anyone else wnat to mail feel free ofc to do so.

 

[computergeek]

Good Morning,

Congrats to everyone who have finished. I am a Canadian citizen who has never lived in Canada. I am sponsoring my spouse. I will be moving up before him, actually in a few weeks and would like to know if I need to land like PRs. Do I have to go through the immigration section that PRs do when they first land?

I assume you have a Canadian passport. If not, you will need to obtain a Certificate of Canadian Citizenship and then obtain one.

Do I have to fill out the forms for declaring my stuff?

Yes, you complete B4/B4A forms to declare what you are bringing to Canada. This avoids the need to pay tax on them.

 

[computergeek]

hi every one just a lil update for
so as you all know i saw dm on my ecas on dec 13
my passport was sent from cbsa to cic on dec 11
i spoke to a really nice agent today that seen to good at her job
she told me that on dec 18 my case was finalized and she dose not think i will get a letter from cic veg sine my file is at etobicoke since june
so i will most likly only get my landing interview date.

how long do you guys think they will take etobicoke i mean to send a letter with landing interview?

It seems to generally take 2-8 weeks for local offices, with some variation. I'd expect a bit of delay for the holidays, but it's just a matter of time now.

Congratulations!

 

[frege]

Thank you so much for the information!
That site was very informative and has given me a much better understanding of things.


I have another question...

Is it best to actually get a courthouse Affidavit form? or is having friends write one up stating things about our relationship just as good as long as its notarized?

We didn't actually include any affidavits, so I don't know the details about this. Perhaps someone who has done this will know.

I think the process would be to do whatever people do to make sworn statements in their jurisdiction. In Canada, I think the person making the statement would go to a "commissioner of oaths" and have them stamp the statement. This might also depend on the province.

 

[KKRSTNA]

Is this some new sort of information?

"When you sponsor a spouse, common-law or conjugal partner, or dependent children to become permanent residents of Canada, you must promise to support them financially. Therefore, you have to meet certain income requirements.

You HAVE to meet a certain income?

 

[tuyen]

Is this some new sort of information?

"When you sponsor a spouse, common-law or conjugal partner, or dependent children to become permanent residents of Canada, you must promise to support them financially. Therefore, you have to meet certain income requirements.

You HAVE to meet a certain income?

If it's only a spouse, then there are no minimum income requirements. The minimum income applies only if there are two (or more) children that your spouse is bringing, or if you're sponsoring parents and grandparents.

 

[frege]

If it's only a spouse, then there are no minimum income requirements. The minimum income applies only if there are two (or more) children that your spouse is bringing, or if you're sponsoring parents and grandparents.

That's not my understanding. The rule outside Quebec is that there's a minimum income requirement only if the dependent children have dependent children of their own. The following is from the instruction guide:

"In order to sponsor, you must…
[...]
- prove that you have sufficient income to provide basic requirements for your spouse or common-law partner’s dependent children. To do this, you must provide documents showing your financial resources for the past 12 months. This requirement applies only when dependent children who have dependent children of their own are included on the application."

However, and this isn't mentioned in the application forms, they do want to know that the family will be able to support itself in Canada without welfare. But this can be based on the combined income of the two spouses, taking into account the employability of the both spouses, as well as help from relatives or any other source. Generally, if you're in reasonable health, haven't been on welfare much, and you speak English or French, then you're employable, so you don't need to worry about this.

 

[IvanP]

That's not my understanding. The rule outside Quebec is that there's a minimum income requirement only if the dependent children have dependent children of their own. The following is from the instruction guide:

"In order to sponsor, you must...
[...]
- prove that you have sufficient income to provide basic requirements for your spouse or common-law partner's dependent children. To do this, you must provide documents showing your financial resources for the past 12 months. This requirement applies only when dependent children who have dependent children of their own are included on the application."

However, and this isn't mentioned in the application forms, they do want to know that the family will be able to support itself in Canada without welfare. But this can be based on the combined income of the two spouses, taking into account the employability of the both spouses, as well as help from relatives or any other source. Generally, if you're in reasonable health, haven't been on welfare much, and you speak English or French, then you're employable, so you don't need to worry about this.

It sounds like you both might be right. If you are sponsoring someone else's children (meaning either your spouse's children (who are not yours), or your children's children), then you have to prove the income. If you are sponsoring your biological children, there's no income requirement. Does that sound right?

 

[frege]

It sounds like you both might be right. If you are sponsoring someone else's children (meaning either your spouse's children (who are not yours), or your children's children), then you have to prove the income. If you are sponsoring your biological children, there's no income requirement. Does that sound right?

No, your spouse's children are defined as being your dependent children. The instruction guide says:

"Dependent children: Refers to the children of the applicant or those of the spouse or common-law partner."

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

 

[tuyen]

That's not my understanding. The rule outside Quebec is that there's a minimum income requirement only if the dependent children have dependent children of their own. The following is from the instruction guide:

"In order to sponsor, you must...
[...]
- prove that you have sufficient income to provide basic requirements for your spouse or common-law partner's dependent children. To do this, you must provide documents showing your financial resources for the past 12 months. This requirement applies only when dependent children who have dependent children of their own are included on the application."

Yeah...I know, but the Sponsorship Guide doesn't always go into full detail. For that, we have to turn to the actual Immigration and Refugee Protection Regulations (SOR/2002-227), and in Section 133(4), we get the following list for when exceptions are made to the minimum income requirement:

Exception to minimum necessary income

(4) Paragraph (1)(j) does not apply if the sponsored person is

(a) the sponsor's spouse, common-law partner or conjugal partner and has no dependent children;

(b) the sponsor's spouse, common-law partner or conjugal partner and has a dependent child who has no dependent children; or

(c) a dependent child of the sponsor who has no dependent children or a person referred to in paragraph 117(1)(g).

In this case, her situation falls under paragraph 4(a), because she's the sole applicant, with no children, so her sponsor doesn't have to worry about minimum income.

But to further the discussion, paragraph 4(b) says that there's also an exception made if the person being sponsored is the spouse, and that spouse has one dependent child. This means that any MORE than one dependent child, and the minimum income rule will apply.