Spousal sponsorship

[dalida]

For Family Sponsorship purposes, a dependent child means a child who is:

Under 19 and unmarried on the date the application for sponsorship is submitted (and still unmarried on the date the child lands in Canada);

or

Of any age or marital status and is a continuously enrolled full-time student, who is financially dependent on his or her parents since before the age of 19 (or since becoming a spouse or common-law partner, if this happened before 19);

or
Thank you very much for answer.Another way to cane sponsor him.if i have business i can sponsor him? He does not have relative in europe.only me.

 

[CrazyCanada]

You can do a little bit more research, just so you are aware what you are up against. based on the info we have here your wife would be excluded under Section 117(9)(d) of the Immigration and Refugee Protection Regulations (the “Regulations” or “IRPR“).

http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf

Section 12.7 states something else, can this be considered in my case ?

 

[canuck_in_uk]

Based on your own answer I'm not sure how my answer is "incorrect"

what I wrote was taken from the CIC website last night.

You stated that there is no income requirement and a person doesn't need to submit proof of finances and just needs to not be on welfare. This is incorrect, as CIC needs to see that a couple has the finances to support themselves without welfare.

You are looking in the wrong place. http://www.cic.gc.ca/english/department/media/notices/2014-06-23.asp

http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf

Section 12.7 states something else, can this be considered in my case ?

No, that does not apply to your case. Your spouse is excluded from the Family Class; there is no loophole to that.

 

[canuck_in_uk]

I never said they dont need to be able to support themselves, OP already has a job, I was merely stating that he doesnt need to meet a minimum income requirement. Im replying to OPs specific case and not in general.

Your posts:

There are no income requirements for sponsoring your spouse. All the sponsor needs to show is that they're not on any sort of social assistance or other financial trouble (ie owe money for child support or are bankrupt).

1) does not need to show income or employment, only requirement is he not be on welfare or have received welfare.

 

[MicheleG]

In light of these income related comments, I am reposting a question I had originally posted on its own and only got a single answer that states "there is no minimum income requirement".

Hello all,

I am a Canadian citizen living in Canada, married to an American citizen (who is currently visiting in Canada, and eager to permanently relocate and work). We have two young sons, ages 5 years and 8 mos, both Canadian citizens born and living with us in Canada.

We are submitting an outland PR application with me as his sponsor. My question is, do I have to meet a certain income requirement to sponsor him? I have never collected social assistance and have consistently earned enough income as a self-employed consultant for the past 12 years, and continually employed my entire adult life prior to that. Is my income level a criteria in deciding if I can sponsor my husband? If so, how much would I need to earn given we have two dependent children? My husband also obtained a letter of intent from an employer in Canada offering him a job if his PR application is approved. This job will pay him enough for our family to be quite comfortable. Will this be considered if my income is not high enough?

People on this forum have said there is no minimum income requirement for spousal sponsorship, but if this were true then why does the Sponsor Evaluation form ask for my income for the preceding 12 months, I have to send in my CRA Option C printout for most recent tax year, and I have to prove my income by providing my Statement of Business Activities for self-employment income (according to Document Checklist IMM5491E). Why is all this necessary if there is no minimum income requirement?

Does anyone know on what financial basis a spouse may be rejected as a sponsor, in particular given I have 2 dependent children living at home.

Thank you so much for comments...

 

[Ponga]

In light of these income related comments, I am reposting a question I had originally posted on its own and only got a single answer that states "there is no minimum income requirement".

Hello all,

I am a Canadian citizen living in Canada, married to an American citizen (who is currently visiting in Canada, and eager to permanently relocate and work). We have two young sons, ages 5 years and 8 mos, both Canadian citizens born and living with us in Canada.
...

People on this forum have said there is no minimum income requirement for spousal sponsorship, but if this were true then why does the Sponsor Evaluation form ask for my income for the preceding 12 months, I have to send in my CRA Option C printout for most recent tax year, and I have to prove my income by providing my Statement of Business Activities for self-employment income (according to Document Checklist IMM5491E). Why is all this necessary if there is no minimum income requirement?

Does anyone know on what financial basis a spouse may be rejected as a sponsor, in particular given I have 2 dependent children living at home.

Thank you so much for comments...

The Option C is required because it proves that you have NOT collected Social Assistance.

CIC simply wants to see how you have been supporting yourself and how you will look after your husband, if you are approved as his sponsor. A sponsor is financially responsible for the applicant for 3 years beyond the day that they land as a PR of Canada.

You sound like you have a very straightforward case, which should ease your angst...a bit.

Good luck!

 

[ReturningCanuk]

Thank you for posting this!

I am a dual citizen but I haven't lived in Vancouver since I was 4 so I have the added complication of getting my Canadian passport first. We have 2 children born in Australia who should be eligible too and family over there.

We are excited to get the ball rolling but as we want to pay an immigration agent to assist with it all, we want to wait until we have freed up cash to pay for that process.

Reading this kind of thing helps me to keep the agents free on bigger issues.

Ironic - I used to process upwards of 7 working visas and PR apps a week in an old job for people to come here!

 

[scylla]

http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf

Section 12.7 states something else, can this be considered in my case ?

No - it doesn't say something else. It says the same thing we have been telling you.

You can never sponsor your spouse. Your spouse will need to immigrate independently (i.e. she will need to qualify and apply on her own through one of the economic streams like skilled worker).

 

[sheen]

So...you received your CoPR in March...got married in June...and then landed in July, after you were married?

If so, you can never sponsor your wife.

Hey Ponga,

I just read this message of yours. So you are saying if i applied for PR with Single Marital status, i should be doing my landing (crossing border and coming back) with same marital status? Once those formalities are done, then only i can go back to my country and get married?

 

[scylla]

Hey Ponga,

I just read this message of yours. So you are saying if i applied for PR with Single Marital status, i should be doing my landing (crossing border and coming back) with same marital status? Once those formalities are done, then only i can go back to my country and get married?

Correct.

You can get married before you land. However if you get married before you land, then you MUST notify CIC and add your new spouse to your application BEFORE you land in Canada and become a PR. If you do this, then both of you will be issued PR visas and everything will be fine.

If you get married before landing, don't notify CIC and then land as a single person - you are committing misrepresentation and will never be able to sponsor your spouse for PR.

 

[canuck_in_uk]

We are excited to get the ball rolling but as we want to pay an immigration agent to assist with it all, we want to wait until we have freed up cash to pay for that process.

Reading this kind of thing helps me to keep the agents free on bigger issues.

Provided you have no red flags, you have a very straightforward case and will be able to do the app perfectly fine on your own. I would suggest saving your money and skipping the consultant.

 

[sheen]

Correct.

You can get married before you land. However if you get married before you land, then you MUST notify CIC and add your new spouse to your application BEFORE you land in Canada and become a PR. If you do this, then both of you will be issued PR visas and everything will be fine.

If you get married before landing, don't notify CIC and then land as a single person - you are committing misrepresentation and will never be able to sponsor your spouse for PR.

Ahh, good to know!!! I am so glad i came accross this post.
So, i received my CoPR yesterday. i was planning to go home (India) in March for 2 months, get married, then come back and apply for my PR Card as well as sponsor my husband. is it something that's possible?

Also, say if i come back alone but still declare during immigration that i am married, will they still issue PR to my husband or he has to accompany me for that?

 

[MilesAway]

Ahh, good to know!!! I am so glad i came accross this post.
So, i received my CoPR yesterday. i was planning to go home (India) in March for 2 months, get married, then come back and apply for my PR Card as well as sponsor my husband. is it something that's possible?

Also, say if i come back alone but still declare during immigration that i am married, will they still issue PR to my husband or he has to accompany me for that?

No, if you land using your current COPR, you will never be able to sponsor your spouse. You must notify CIC once you are married. You'll have to return your COPR and visa, pay the fees for your spouse, update the forms, and do the medical and police checks for your spouse.

 

[scylla]

Agreed with the above. You have two choices.

Use your COPR to land and become a PR before you go home and get married.

Go home and get married. Return your COPR unused to CIC along with a letter explaining you are now married and need to add your spouse to your application - include all of the paperwork and fees to add your spouse. Wait several months while they process your spouse's paperwork and issue a new COPR for both of you. Then land and become a PR.

 

[sheen]

Agreed with the above. You have two choices.

Use your COPR to land and become a PR before you go home and get married.

Go home and get married. Return your COPR unused to CIC along with a letter explaining you are now married and need to add your spouse to your application - include all of the paperwork and fees to add your spouse. Wait several months while they process your spouse's paperwork and issue a new COPR for both of you. Then land and become a PR.

Thank you so much guys for this important piece of information. So, according to you what is the better option? P.S. we are in no rush to get married
i have to mention 1 more thing, i received my extened work permit last week as well, so i have to option to stay on my work permit and return my CoPR, add my husband and sponsor him. OMG now i am confused :|