Spouse Sponsorship

[Markos]

Hi, I just have a question, I'm going to get married soon with a Canadian woman and she wants to sponsor me so I can live with her in Canada.

Is it really not needed for her to prove that she has "financial ability" to sustain me? Cause she has 3 kids and earns around 1800 cad a month, which isn't much according to the amounts immigration asks for sponsorship. We asked an immigration lawyer and they told us that even though it says that financial ability is not required to sponsor your spouse, they still care about that and would deny her to sponsor me because of that. Is that true? or can she still sponsor me even if she doesn't meet the financial requirement?

Thanks.

 

[matthewc]

The lawyer gave you completely wrong information. There is no minimum-income requirement for sponsoring a spouse, unless that spouse has a dependent child who has a dependent child of their own (i.e. a grandchild).

Just occasionally, an issue comes up where an IO invokes A39. This is a second financial requirement that doesn't come up often. It is not based on the sponsor's income directly, but rather a requirement that either the PR is able and willing to work, or there be sufficient adequate arrangements for their support.

"Financial reasons

39. A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made."

See also OP2 section 10.3:

"Sponsors of dependent children and of spouses, common-law partners or conjugal partners
(unless they have dependent children who have dependent children of their own) do not have to
meet financial requirements, but they do undertake to provide for the basic necessities of the
sponsored applicants so that the applicants do not need social assistance. Applicants may be
refused for financial reasons under A39 if they are unable or unwilling to support themselves and
their dependent children and there are not adequate arrangements for their care and support.
Officers should take into consideration the sponsor’s financial situation and willingness to assist,
as well as the financial situation or employment prospects of the applicant, if applicable."

So, in theory, if the sponsor was on a very low income, and the applicant was unable to work, you could be refused. However, as long as you are able and willing to work (at all, in any job), that would not apply, so there is really nothing to worry about.

Matthew

 

[Markos]

Thank you for the reply!

One last question, What are the chances of the sponsorship being accepted, considering we met online, and have been dating online since 2 years ago, but we will meet in real life and get married a few days after we meet. Would that cause it to be denied? And if so, then we should wait a few months keep visiting each other for a while and take pictures of it? or is it ok if we just meet and get married and then apply? We love each other for real, and we don't have much money to keep traveling back and forth, but if it's necessary, we would do it.

 

[RobsLuv]

You're going to need to demonstrate that your relationship is "genuine" - which means that it is not a relationship entered into just to get you status in Canada. Having met online, deciding to marry before even meeting in person, and then marrying within a few days of meeting for the first time will be a huge "red flag" to the assessing IO of a marriage of convenience. You and your sponsor should be able to show that you have spent a significant amount of time together PRIOR TO the marriage - visiting, meeting family and friends, keeping in contact via email/chat/phone, etc.

 

[Markos]

You're going to need to demonstrate that your relationship is "genuine" - which means that it is not a relationship entered into just to get you status in Canada. Having met online, deciding to marry before even meeting in person, and then marrying within a few days of meeting for the first time will be a huge "red flag" to the assessing IO of a marriage of convenience. You and your sponsor should be able to show that you have spent a significant amount of time together PRIOR TO the marriage - visiting, meeting family and friends, keeping in contact via email/chat/phone, etc.

Ok, how many visits and how much time should we wait before actually marrying? In order to be accepted and not look suspicious anymore. We just want to be together as soon as possible but I understand that it could look bad so we can wait and do it the right way, I just want to know how much should we wait and how many visits should we do before applying because each visit will cost us around 1500cad. Thanks.