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Unusual circumstance: Disabled Canadian unable to sponsor spouse.

freggit

Newbie
May 16, 2012
5
0
Hi there. Not sure if anyone knows what we can do here but I'll through it out there.

I'm a Canadian living in the US with my American Husband. He is the sole breadwinner due to my physical disabilities. For numerous reasons we desperately want to move back to Ontario. (back for me) I understand he will require a PR but not sure how we can go about it as I am unable to work to provide income enough to sponsor him.

He has been looking for work but gets the standard "Once you move please come see us". He has an IT degree & works in communications and is extremely hirable with outstanding work history so work will not be an issue once he's able to work there. We can't figure out what to do. We have called the consulates as well as gone through the websites. The only phone number that goes to those able to answer the questions can only be called from inside of Canada.

Can a family member living in Canada act as his sponsor in my stead? If I went up and required disability insurance would that disqualify him from PR? Who can I ask these questions of outside of Canada?

While our income is decent here, my medical bills seem to eat up every extra bit so getting paid assistance isn't an option. I would hate to have to leave my beloved husband to go home on my own until we can figure something out. We have been searching for over 2 years with little answers. Any information would be much appreciated.
 

rjessome

VIP Member
Feb 24, 2009
4,354
214
Job Offer........
Pre-Assessed..
freggit said:
Hi there. Not sure if anyone knows what we can do here but I'll through it out there.

I'm a Canadian living in the US with my American Husband. He is the sole breadwinner due to my physical disabilities. For numerous reasons we desperately want to move back to Ontario. (back for me) I understand he will require a PR but not sure how we can go about it as I am unable to work to provide income enough to sponsor him.

He has been looking for work but gets the standard "Once you move please come see us". He has an IT degree & works in communications and is extremely hirable with outstanding work history so work will not be an issue once he's able to work there. We can't figure out what to do. We have called the consulates as well as gone through the websites. The only phone number that goes to those able to answer the questions can only be called from inside of Canada.

Can a family member living in Canada act as his sponsor in my stead? If I went up and required disability insurance would that disqualify him from PR? Who can I ask these questions of outside of Canada?

While our income is decent here, my medical bills seem to eat up every extra bit so getting paid assistance isn't an option. I would hate to have to leave my beloved husband to go home on my own until we can figure something out. We have been searching for over 2 years with little answers. Any information would be much appreciated.
You CAN sponsor him even though you don't have an income and are receiving disability benefits. You just cannot be in receipt of social assistance (welfare) for any reasonn EXCEPT disability. And since you are a citizen, you don't have to move to Canada first. You can stay with him in the US until his permanent residence is approved.
 

parker24

VIP Member
Nov 26, 2011
3,324
72
124
Ontario
Category........
Visa Office......
Buffalo, NY --> Los Angeles, CA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
File Transfer...
05-06-2012
Med's Done....
16-11-2011
Passport Req..
16-11-2012
LANDED..........
04-01-2013
I'm receiving ODSP(Ontario Disability Support Program), and cannot work right now (broken foot). Just call up ODSP in the area you're planning on moving to, they may be able to send you the application to you in the US, or they may require you to go see them in person. I know that once you're approved for ODSP, you DO have to go in and they will go over all your bills and this includes all your medical bills! In order to figure out how much you need a month.

http://www.mcss.gov.on.ca/en/mcss/programs/social/odsp/

Once your husband is PR, he can be added to your ODSP :)
 

freggit

Newbie
May 16, 2012
5
0
Also how does it work if I don't have residence there yet? I mean can I sponsor if I don't live there or should I establish residency first then have him apply from the states? I'm so confused heh.

Scenarios: We both live in the states and apply from here.
I go and establish residency and he enters on a visitors visa and we apply from Canada or I go and establish residency and he stays here and applies from the states? From what I read it's faster from outside of Canada. It's all so confusing.
 

parker24

VIP Member
Nov 26, 2011
3,324
72
124
Ontario
Category........
Visa Office......
Buffalo, NY --> Los Angeles, CA
Job Offer........
Pre-Assessed..
App. Filed.......
06-03-2012
File Transfer...
05-06-2012
Med's Done....
16-11-2011
Passport Req..
16-11-2012
LANDED..........
04-01-2013
freggit said:
Also how does it work if I don't have residence there yet? I mean can I sponsor if I don't live there or should I establish residency first then have him apply from the states? I'm so confused heh.

Scenarios: We both live in the states and apply from here.
I go and establish residency and he enters on a visitors visa and we apply from Canada or I go and establish residency and he stays here and applies from the states? From what I read it's faster from outside of Canada. It's all so confusing.
First of all, it's quicker to apply outland usually. Since your husband is American, it is almost always faster(That's if there's no really major complications).

Second. If you both are in the US, you will have to double your efforts in proving that you WILL move back to Canada. That's from my understanding anyway. HOWEVER, you can both come to Canada (you moving, him visiting) and still apply as outland. My husband (American) is with me right now but we are applying outland, it's fine to do so. Just make sure that the border patrol knows that your husband is just visiting. This means he cannot work or study in Canada. You can apply for an extension online a month before his record expires (usually it's 6 months unless you are told otherwise at the border)

I hope that helped! :)
 

CharlieD10

VIP Member
Sep 5, 2010
5,848
185
124
Northern Ontario
Category........
Visa Office......
KGN
Job Offer........
Pre-Assessed..
App. Filed.......
15-02-2011
File Transfer...
09-05-2011
Med's Done....
17-01-2011, 08-03-2012
Interview........
Waived
Passport Req..
30-3-2012
VISA ISSUED...
13-04-2012
LANDED..........
06-06-2012
As a citizen, you may be residing anywhere in the world and still be eligible to sponsor your spouse. You will need to provide proof of your intentions to re-settle in Canada once your spouse is approved for PR, however. This includes outlining, as best as possible, your plans for the necessities of life, such as work, accommodations, etc. This means you don't have to return and establish residency before he is approved, but you must show clearly that you will do so and have viable plans for it.

The difficulty (for you, that I can see) is that your spouse is the breadwinner and if you left him to establish residency, it might strain your finances unnecessarily. Remaining with your spouse, and completing the process, then moving together may be the better option. If he comes as a visitor, he is looking at at possibly 11 months of not being able to work at all, unless he can find an employer willing to obtain a positive Labour Market Opinion so they can hire him while he is not a PR or citizen.
 

sakamath

Hero Member
Feb 11, 2012
899
16
Category........
Visa Office......
New Delhi, India
Job Offer........
Pre-Assessed..
App. Filed.......
Oct 2008
Doc's Request.
Nov 2011
AOR Received.
17-May-2012
File Transfer...
8 Mar 2012
Med's Request
26-Nov-2012
Med's Done....
24-Dec-2012
Passport Req..
26-Nov-2012
VISA ISSUED...
App abandoned in July '14
Another alternative is for your hubby to apply for a TN Visa (see details below)
http://www.canadavisa.com/nafta-temporary-work-permit-canada.html

Using this method would make it faster for both of you to come to Canada. While applying for jobs, your spouse should strive to secure a 'job offer' from a prospective employer. Once both of you are in Canada, you can start the 'outland' process to sponsor your hubby officially.

Hope things work out for you.