updated* I'm really frustrated with many questions. I really need help!!

[oneworded]

I am a Canadian Citizen and My wife and I just got married in June 2010 in Ontario. Her student permit visa expires at the end of September of 2010. Will she need to extend her visa while waiting for our results for the PR application? If yes, how long can she extend it for? and what if the results are still not out after her new visa extension expires?

Also, I am currently unemployed with only a grade 11 highschool education (I am currently 25 years old) will that be a factor for them to reject me as a sponsor? I am not on any social services such as welfare. As for the income I've been doing some private tutoring and supported by my parents. My most recent OPTION C shows that I've had a net income of $4000, but I've actually made more from the private tutoring. So how could I answer this without them thinking I'll soon be on social service or my wife would be on social service after the PR is approved?

So my questions are:

1) does my wife need to extend her visa which expires in the end of September 2010? If yes how long can she extend it for?

2)Does my current unemployed and income situation a factor for them to decide whether I'll be an eligible sponsor for my wife?

All answers/advice/help would be very much appreciated by me and my wife

Thank you in advance! :-[

Please note* I haven't submitted the PR application yet but I will once I have other supporting documents such as her medical, police check...

 

[britincanada]

First of all YES extend her status...her PR can be denied if she does not at least have a Visitors Record/Visa to remain in Canada and CAN be deported!! Deportation and Removal orders are to be avoided at ALL costs as it stays on your file for life! When applying for an extension your wife can ask for a maximum of 1 year..Which I recommend asking for..if they want to give her less they will but CIC never gives you more time that what you have asked for! One problem may be that you are Unemployed, she needs to show proof of funds..around $10,000 for a 6 month stay..or proof her spouse/partner can provide for her!

Secondly..your lack of income may pose as a problem for your sponsorship..you need to be able to demonstrate that you can provide for your wife for 3 years following the issue of her PR..including if your relationship breaks down in this time period of 3 years and your wife has to draw on public funds..you then have to repay those funds to the government!

I suggest you may want to find a job before you apply to sponsor your spouse..even if its just a means to an end for now..although there is not income requirement for sponsored spouses there is a requirement to provide basic needs like clothing, food, medical and a home..

 

[suenim]

Even if you were doing private tutoring, weren't you supposed to declare all that you earned on your income tax return? If you put any of that on your application as proof of income, CIC is the government and they work with revenue Canada.

 

[britincanada]

I agree its Fraud not to report ALL of your income on your tax return

 

[oneworded]

Thank you for the response. As for the not reporting my income, I honestly didn't know I had to I was doing martial arts tutoring/personal training one on one at my student's home or parks so I didn't work for any company. But that's another issue. So on paper I made a net income of $4000 and I think its for my best interest to leave out my private tutoring income since I didn't report it to Canada Revenue? so for the "other source of income" section I shouldn't mention this correct?

 

[britincanada]

Did you receive a lot of income from the tutoring? If the answer is yes..I would re-file your 2009 tax return and tell them you were also "self-employed" if I were you to avoid it coming to bite you in the butt later on! If not..don't mention it at all in your application..

 

[fallenstar831]

Secondly..your lack of income may pose as a problem for your sponsorship..you need to be able to demonstrate that you can provide for your wife for 3 years following the issue of her PR..including if your relationship breaks down in this time period of 3 years and your wife has to draw on public funds..you then have to repay those funds to the government!

There is no income requirement for spousal sponsorships, as the CIC assumes the spouse will work and support themselves. While it is true that you are responsible should they draw on social assistance, you don't have to prove income. Only that you are not in reciept of social assistance.

 

[iarblue]

Are you doing an inland app?If so send in a work permit app with your sponsorship app,she will be given a work permit with first stage approval and be able to work.As for your income do a soyu think you need to do leave it as it is,or change your 2009 taxes,its totally up to you.But if for any reason the parents of the students you tought claimed the amount on their taxes for their children,then you better do the same.
And are you recieving UI or just unemployed?I know it does say you are not required to have an income or a job but it always looks better if you do,but again its up to you.You could get a letter signed by your parents saying they will help you both out with a place to stay and financial help until you both get on your own feet.

 

[oneworded]

Did you receive a lot of income from the tutoring? If the answer is yes..I would re-file your 2009 tax return and tell them you were also "self-employed" if I were you to avoid it coming to bite you in the butt later on! If not..don't mention it at all in your application..

Yes, I'm not going to mention it at all. I mean I'm not a registered martial arts school or anything. It's just basically friend's or friends or family friend's kids that wants to learn some martial arts a few hours a week and they pay me cash each time, I don't offer any reciepts...they don't have my SIN card number....or anything that could get me into trouble...

And even if I wanted to demonstrate as being "self employed" what would I need? They pay me cash, it's not like they gave me cheques or auto payments each month and certainly I didn't receieve credit cards...I don't think I would be in a lot of trouble.

 

[iarblue]

Well like i said your the only one that knows then.But do send in the work permit app along with the sponsorship app.But you need to have the app in before her current status expires.so she is under implied status.You could send in the work permit or visit visa app end of august and then she will be under implied status until she gets an answer.On the app mention that you are currently doing the sponsorship app and will be submitting it soon.
She will need her medical done that can be done in Canada.She needs a police report from back home and a RCMP from here.

 

[oneworded]

There is no income requirement for spousal sponsorships, as the CIC assumes the spouse will work and support themselves. While it is true that you are responsible should they draw on social assistance, you don't have to prove income. Only that you are not in reciept of social assistance.

I am not on any social assistance or welfare of any sort nor do I plan to recieve any ever. I kind of understand that I don't need to prove my income since I'm sponsoring a spouse. But my main concern is that when requested to go in for an interview what would I say if the officer ask me "What if we approve your wife for PR and you go on social assistance?" How should I answer such a question?

 

[iarblue]

You dont go to an interview only the sponsored.They will not ask you.

 

[RobsLuv]

I am a Canadian Citizen and My wife and I just got married in June 2010 in Ontario. Her student permit visa expires at the end of September of 2010. Will she need to extend her visa while waiting for our results for the PR application? If yes, how long can she extend it for? and what if the results are still not out after her new visa extension expires?

Yes, you need to apply to extend her status. While I don't agree with britincanada that not having status in Canada can result in refusal of her PR application (if that were the case, there wouldn't be an inland PR process that allows spouses in Canada to apply and be approved for PR even when they're out of status), it's still very important (and very easy) to maintain her temporary status while waiting for her PR to be approved. How long you ask for isn't really that important, usually the "rule of thumb" is to ask for the same amount of time she was originally given on entry. Whether you have to apply to extend again depends on a couple of things. If you're applying to sponsor her via the outland PR process (which you can do even if she's visiting you in Canada), you'll need to keep applying to extend separately from the PR ap every time her status is due to expire if PR hasn't been issued yet. Be sure you get the extension application in to CIC before her status expires and track delivery so that you have proof of her "implied status". That allows her to continue studying, if she wants to, until they make a decision. Proof of your relationship and the PR ap in process is usually enough to get her extended. If you're applying via the inland route (be careful that it's in your best interest to do this), you include the extension application WITH the inland PR ap. Nothing will happen for the first 7-8 months - but as long as you have proof that the application was received by CPC-V prior to expiration of her temporary status, she's still under "implied status" until they assess her PR ap for first stage approval. If she's approved they'll issue a new status document (usually people opt for an open work permit) and that should hold her until finalization of the PR. Remember - as long as her status extension is received before her current status expires, whether you apply with an inland PR ap or you apply separately because you're doing an outland PR ap, she can continue under the terms of her original status (meaning she can continue studying) until a decision is made on the new extension.

Also, I am currently unemployed with only a grade 11 highschool education (I am currently 25 years old) will that be a factor for them to reject me as a sponsor? I am not on any social services such as welfare. As for the income I've been doing some private tutoring and supported by my parents. My most recent OPTION C shows that I've had a net income of $4000, but I've actually made more from the private tutoring. So how could I answer this without them thinking I'll soon be on social service or my wife would be on social service after the PR is approved?

There are no minimum income requirements for a spousal sponsorship, so they shouldn't be refusing your eligibility to sponsor just because you aren't making a lot of money. Where this might be an issue, though, is in extending her temporary status because they normally want proof that the person applying to extend is being supported so that they don't have concerns that they will work illegally. This isn't as important when you apply inland and the extension ap goes with the PR ap - it's a bit more of a concern if you're applying separately from the PR ap. It might be helpful, then, as iarblue mentioned earlier, to include a letter of support from family - even though spousal sponsorships are not eligible for co-signers.

 

[oneworded]

Well like i said your the only one that knows then.But do send in the work permit app along with the sponsorship app.But you need to have the app in before her current status expires.so she is under implied status.You could send in the work permit or visit visa app end of august and then she will be under implied status until she gets an answer.On the app mention that you are currently doing the sponsorship app and will be submitting it soon.
She will need her medical done that can be done in Canada.She needs a police report from back home and a RCMP from here.

Thank you for the advice. In response to your previous reply, Yes we are doing inland she's planning to stay in Ontario with me while we wait for the PR results. We've asked around and most people say she cannot apply for a work permit unless she has a job offer and unfortunately she doesn't have a job offer. However, I've spoke to one of the CIC agents and they've told me something similiar stating that she would not to extend for a "visitor's visa" since she's planning to leave Canada during this time. He said we only need a visitor's visa if she plans to go in and out of Canada. He mentioned something about an implied status and work permits, but he also failed to mention that in order to be eligible for a work permit one must need a job offer/ job letter first. Could you or someone here clarify this? ???

 

[iarblue]

Not on an inland,they give the work permit to the sponsored so they can work and help out.So it all depends on when you are applying too.If the work permit is sent with the app she will get it once you reach first stage.If you send it before your app i would assume you will need proof that you are applying for sponsorship.But i would send in an app for a visit visa in the end of august so she is under implied status,then once you get the app ready to send in ,then send in the work permit with it,she does not need a job offer to do this.