Spousal sponsorship

[neepk]

Call 1888 242 2100. and in Language selection dial 2 for French.

 

[ad rasheed]

Hi,

i have problem if anybody can answer it will be a great help.
i am naturalized Canadian citizen and working in US for almost 8 years,as i am living in US so i pay all my taxes here not in Canada. actually i never went back to Canada after my citizenship. now i am sponsoring my wife only thing i am confuse is that,there is a form for tax that we have to attach with all documents "print out Option C" i have attached a explanation letter that why i am not paying any taxes,and my pay stubs for last 12 months and my job letter. is it all OK? or they can ask me to pay all the due taxes? please help me with this.

 

[DanSlh]

Call 1888 242 2100. and in Language selection dial 2 for French.

Thank you very much!!!
Really appreciated!

 

[tink23]

Hi,

i have problem if anybody can answer it will be a great help.
i am naturalized Canadian citizen and working in US for almost 8 years,as i am living in US so i pay all my taxes here not in Canada. actually i never went back to Canada after my citizenship. now i am sponsoring my wife only thing i am confuse is that,there is a form for tax that we have to attach with all documents "print out Option C" i have attached a explanation letter that why i am not paying any taxes,and my pay stubs for last 12 months and my job letter. is it all OK? or they can ask me to pay all the due taxes? please help me with this.

Since you're working and a resident f the U.S., you won't have to pay taxes in Canada. You can show your US tax assessment in place of the Candian one. Showing your pay stubs for the past 12 months was also good. No need to worry. You won't have to pay taxes in Canada for what u already paid in the US.

 

[ad rasheed]

Since you're working and a resident f the U.S., you won't have to pay taxes in Canada. You can show your US tax assessment in place of the Candian one. Showing your pay stubs for the past 12 months was also good. No need to worry. You won't have to pay taxes in Canada for what u already paid in the US.

thank you so much

 

[ad rasheed]

As in your case you will not be able to Provide Option C from CRA but you already pay taxes in US so you can show your Tax assessment of US.Or you can attach you pay stubs for last 12 months to show proof of income.Explain on separate sheet the reason for not submitting Option c to make it easy to immigration Officer.

thank you so much i reallu appreciate it

 

[stuarts91]

Hi all,

Hoping I came to the right place to get some help and questions answered! I'm trying to gather some information for the following situation I am currently in with my girlfriend of 4 years:

I am a Canadian Citizen residing and working in Ontario. My girlfriend is an American citizen residing and working in New York just across the border from Ontario. We have been together for almost 4 years now and will eventually get married when financially we are stable. We are trying to determine if we can live together in Canada and have my girlfriend commute over the border to her job in NY.

I know you can sponsor a spouse based on common-law marriage, which means you have to live together for 12 months. My question is, can my American girlfriend live in Canada and commute over the border for work? How can I ever hope to sponsor her to bring her over to Canada permanently if she is not allowed to live in Canada and work in NY?

Any help is appreciated. Thank you!

 

[rhcohen2014]

Hi all,

Hoping I came to the right place to get some help and questions answered! I'm trying to gather some information for the following situation I am currently in with my girlfriend of 4 years:

I am a Canadian Citizen residing and working in Ontario. My girlfriend is an American citizen residing and working in New York just across the border from Ontario. We have been together for almost 4 years now and will eventually get married when financially we are stable. We are trying to determine if we can live together in Canada and have my girlfriend commute over the border to her job in NY.

I know you can sponsor a spouse based on common-law marriage, which means you have to live together for 12 months. My question is, can my American girlfriend live in Canada and commute over the border for work? How can I ever hope to sponsor her to bring her over to Canada permanently if she is not allowed to live in Canada and work in NY?

Any help is appreciated. Thank you!

no, your gf can't "live" or "move" to canada until she is approved for PR or gets a work or study visa that allows her to live in canada. if she starts commuting back and forth between us and canada, at some point CBSA is going to take note of it, limit her ability to cross, deny entry or issue an exclusion order (which means she can not go to canada for 1 year). CBSA certainly does not like cross border couples trying to skirt the system. you need to follow the rules. the more she crosses, the more interest they will have in her intentions. until she is approved for PR (which means you need to be married or commonlaw), or a work or study visa she is only allowed to "visit" canada. ultimately, even though she is allowed a 6 mo stay, CBSA has the power to decide how long she can visit for, if at all. they may ask her to prove ties to home, so having a job in the us will be helpful, as will a lease agreement. be very careful about trying to "live" in one country while working in another. it's not something they like people doing, and can/will make your life difficult if they want to.

 

[dylanjoel]

Hello all,
My fiance is Canadian and I am American. Quick question--can I attend school/live in Canada on a student visa while my outland application is being processed? Any help is appreciated. Thanks!

 

[Ponga]

Hello all,
My fiance is Canadian and I am American. Quick question--can I attend school/live in Canada on a student visa while my outland application is being processed? Any help is appreciated. Thanks!

Yes, if you receive a Study Permit of course, but...how is your fiance sponsoring you?

Have the two of you lived together (anywhere) for at least 1 full year, to qualify for Common-Law sponsorship, or are you waiting until you are married to apply?

 

[stuarts91]

no, your gf can't "live" or "move" to canada until she is approved for PR or gets a work or study visa that allows her to live in canada. if she starts commuting back and forth between us and canada, at some point CBSA is going to take note of it, limit her ability to cross, deny entry or issue an exclusion order (which means she can not go to canada for 1 year). CBSA certainly does not like cross border couples trying to skirt the system. you need to follow the rules. the more she crosses, the more interest they will have in her intentions. until she is approved for PR (which means you need to be married or commonlaw), or a work or study visa she is only allowed to "visit" canada. ultimately, even though she is allowed a 6 mo stay, CBSA has the power to decide how long she can visit for, if at all. they may ask her to prove ties to home, so having a job in the us will be helpful, as will a lease agreement. be very careful about trying to "live" in one country while working in another. it's not something they like people doing, and can/will make your life difficult if they want to.

Thank you for this advice! We certainly do not want to draw the attention or ire of the CBSA. My goal was to get as much information as possible (before hiring an immigration lawyer) to help us determine our next steps moving forward and things we need to do in preparation.

At this point we are trying to determine how we can become eligible for common-law spouse or conjugal-spouse status. It seems common-law may be out of the question since we literally cannot live together for a year. I have read that conjugal-spouse is a status proving that you are indeed together/have intent to marry/in serious relationship, but cannot live together due to legality reasons.

 

[rhcohen2014]

Thank you for this advice! We certainly do not want to draw the attention or ire of the CBSA. My goal was to get as much information as possible (before hiring an immigration lawyer) to help us determine our next steps moving forward and things we need to do in preparation.

At this point we are trying to determine how we can become eligible for common-law spouse or conjugal-spouse status. It seems common-law may be out of the question since we literally cannot live together for a year. I have read that conjugal-spouse is a status proving that you are indeed together/have intent to marry/in serious relationship, but cannot live together due to legality reasons.

US/Canadian couples don't qualify for conjugal. that's really for people from countries where they can't get married/become commonlaw because of immigration barriers (ie: same sex marriage or divorce is illegal, can't get visitor visa to canada, etc.) technically, there is nothing stopping you from getting married. you both can go to eachother's country (or a third country) and get married anytime you want. not being able to work in each other's home country is NOT an immigration barrier.

As for commonlaw, what people do is they cross as a visitor, and once in, they apply to extend their stay as a visitor and request 12 months so they can meet the cohabitation rule. visitor extensions are rarely denied. the only drawback is, the foreign spouse can NOT work while they are in canada as a visitor. they CAN work remotely for a company from their home country, as long as they don't service canadian clients or attempt to attract canadian clients. If working remotely is an option, that is the best case for a US citizen who wants to be in canada to "visit" long term.

PS... don't waste your money on an attorney. unless you have serious concerns like criminal or dependent issues, it is certainly not necessary. a) most people can fill out the forms and gather evidence themselves, b)the information you find on this forum is going to be more accurate than what a lawyer will provide, and c) there are many reports of immigration attorneys giving bad advice that leads to delayed or even rejected applications. NOT worth it, in my opinion.

 

[stuarts91]

US/Canadian couples don't qualify for conjugal. that's really for people from countries where they can't get married/become commonlaw because of immigration barriers (ie: same sex marriage or divorce is illegal, can't get visitor visa to canada, etc.) technically, there is nothing stopping you from getting married. you both can go to eachother's country (or a third country) and get married anytime you want. not being able to work in each other's home country is NOT an immigration barrier.

As for commonlaw, what people do is they cross as a visitor, and once in, they apply to extend their stay as a visitor and request 12 months so they can meet the cohabitation rule. visitor extensions are rarely denied. the only drawback is, the foreign spouse can NOT work while they are in canada as a visitor. they CAN work remotely for a company from their home country, as long as they don't service canadian clients or attempt to attract canadian clients. If working remotely is an option, that is the best case for a US citizen who wants to be in canada to "visit" long term.

PS... don't waste your money on an attorney. unless you have serious concerns like criminal or dependent issues, it is certainly not necessary. a) most people can fill out the forms and gather evidence themselves, b)the information you find on this forum is going to be more accurate than what a lawyer will provide, and c) there are many reports of immigration attorneys giving bad advice that leads to delayed or even rejected applications. NOT worth it, in my opinion.

I really appreciate all the advice you have been able to provide to me. This certainly helps clear everything up for me - and I agree, I don't want to waste money on an attorney if I don't have to. You have been able to address most of the questions I was originally planning on bringing to a lawyer consultation.

Cheers!

 

[dylanjoel]

Yes, if you receive a Study Permit of course, but...how is your fiance sponsoring you?

Have the two of you lived together (anywhere) for at least 1 full year, to qualify for Common-Law sponsorship, or are you waiting until you are married to apply?

Thanks for the response.
We have not lived together for a full year. We plan to get married in the next few weeks and apply shortly thereafter.

 

[DNP]

To start with I am a PR from Canada Since 15th February 2012. But immediately after getting my PR I had to get back to India due to family circumstances and have been living in India Since then. Now I am Married and I have a 2 year old son. My PR Expires on 15th February 2017.
Now I am looking forward to get back to Canada for good and take my family along with me. I will list out the complete queries I want to clear before I leave for Canada.

1). Tentative Landing Date – 1st July 2015
2). PR Since - 15th February 2012
3). Expiry Date on PR Card – 15th February 2017
4). First Time Left Canada after receiving PR - 29th February 2012 and returned back to Canada on - 16th April 2012 (I still have the Air Ticket and Boarding Pass as Proof)
5). Finally Left Canada again on – 13th May 2012 and did not return until now. (I still have the Air Ticket and Boarding Pass as Proof)

I need consultation on the following issues;

Firstly;

- The problem with the landing date looks like it will be less than 2 years of the 5 year period that I will not be able to fulfill as mentioned by the immigration authorities. Now, even if I come on the mentioned landing date will I be able to gain entry into Canada without any issue?

- If I gain entry on the mentioned landing date and stay until my PR expires on 15th February 2017 and then can I stay over after the expiry date and fulfill the 2 year period and renew my PR.

Secondly;

- I had a Credit Card until I left Canada which I refused to cancel and pay my last due as I was to get back. And Until now I have not paid back some $ 2000 and when I inquired they said my account is closed and was sent to collections. I presume that my credit score would have been affected badly.

Thirdly;

- I would like to sponsor my wife and son to live with me in Canada. Will the above two issues (PR Expiry Date and Credit Score) hamper my family to be considered for a family sponsorship.
- Will I be able to bring them to Canada through a tourist visa and then apply for PR when they are with me?
- Or Can I apply for the family sponsorship immediately after I land in Canada while they are back in the home country. If I do apply after I land in Canada will my PR status be affected, because I will be 3 months short of the full 2 year term?

These are the queries I have, which are to cleared before I relocate to Canada with my family. I am sorry for such a long list of queries, Kindly do give me a response on these queries. for me to decide on relocating.

Thanks,
DNP