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Author Topic: spousal sponsorship while unemployed  (Read 1422 times)
ahm2299
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« on: June 06, 2011, 09:10:16 am »

Dear All,

I am unemployed medical doctor who is in the process of getting his license to practice in Canada. I landed in July 2010. I got married before 3 months and now I have to sponsor my wife from the UK. I have 2 questions please:

1. She has  good amount of money which is enough  to support herself while I get a job, can I submit this evidence?

2. Can I obtain an option C print out if I have not worked in Canada before?
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cdngrl
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Posts: 260
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Category........: FAM
Visa Office......: New Delhi
App. Filed.......: 10-02-2011
AOR Received.: 16-03-2011
File Transfer...: 16-03-2011 File Received 28-03-2011
Med's Done....: 06-02-2011
Passport Req..: 07-04-2011 Recd on 02-05-2011
VISA ISSUED...: 19-05-2011 Recd on 03-06-2011
LANDED..........: 24-06-2011

« Reply #1 on: June 06, 2011, 09:59:59 am »

Dear All,

I am unemployed medical doctor who is in the process of getting his license to practice in Canada. I landed in July 2010. I got married before 3 months and now I have to sponsor my wife from the UK. I have 2 questions please:

1. She has  good amount of money which is enough  to support herself while I get a job, can I submit this evidence?

2. Can I obtain an option C print out if I have not worked in Canada before?

You can submit a spousal application even if you have zero income - this will NOT be a cause for rejection of the application. You can always include the information about you're wife's money in the provided space in the relevant section...

If you have not filed your taxes in Canada I don't think you can obtain an Option C print out - I am not 100% sure
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PMM
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« Reply #2 on: June 06, 2011, 02:13:12 pm »

Hi

You can submit a spousal application even if you have zero income - this will NOT be a cause for rejection of the application. You can always include the information about you're wife's money in the provided space in the relevant section...

If you have not filed your taxes in Canada I don't think you can obtain an Option C print out - I am not 100% sure

You should qualify your answer a bit.  There have been refusals where the sponsor is unemployed and the applicant is uneducated, has not work/language abilities.  These refusals are under A39.

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.

Not many, but there have been a few.
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PMM
cdngrl
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Posts: 260
Ratings: +2
Category........: FAM
Visa Office......: New Delhi
App. Filed.......: 10-02-2011
AOR Received.: 16-03-2011
File Transfer...: 16-03-2011 File Received 28-03-2011
Med's Done....: 06-02-2011
Passport Req..: 07-04-2011 Recd on 02-05-2011
VISA ISSUED...: 19-05-2011 Recd on 03-06-2011
LANDED..........: 24-06-2011

« Reply #3 on: June 06, 2011, 04:10:18 pm »

Hi

You should qualify your answer a bit.  There have been refusals where the sponsor is unemployed and the applicant is uneducated, has not work/language abilities.  These refusals are under A39.

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.

Not many, but there have been a few.


Fair enough.. but this is not their case.. so income is not a cause of concern.
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ahm2299
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« Reply #4 on: June 07, 2011, 06:12:33 am »

Thank you very much for your help. My wife is educated with a Masters degree from a well know UK university. So hopefully the IO will not reject me as a sponsor.

Regarding C printout any one can confirm that with zero income I cant request it??

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scylla
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Visa Office......: Buffalo
App. Filed.......: 28-05-2010
AOR Received.: 19-08-2010
File Transfer...: 28-06-2010
Passport Req..: 01-10-2010
VISA ISSUED...: 05-10-2010
LANDED..........: 05-10-2010

« Reply #5 on: June 07, 2011, 06:42:54 am »

You can only request the option C if you have filed taxes. It doesn't matter how much money you made.
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canadianwoman
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« Reply #6 on: June 07, 2011, 09:35:03 am »

You can file an income tax return even if you have no income. If you file a return, then you can get an Option C. Without filing a return, you can't get an Option C. You don't 100% need one, though. You can just write a letter explaining your circumstances and why you didn't file taxes, attaching any proof you have (of your studies).
Since you're a doctor trying to get certified to practice in Canada, and your wife is from the UK and has a master's degree, in all likelihood the visa officer will not be worried about your finances. He/she will probably assume you and your wife will be able to support yourselves. But adding proof of your wife's ability to find a job and support herself is a good idea: so submit a copy of her degree, proof of her income, and proof of her savings and any property she owns.
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ahm2299
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« Reply #7 on: June 07, 2011, 02:08:36 pm »

Thank you very much for your help. I am collecting documents at the moment and hopefully will apply by the end of the month  Smiley
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infinity8
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Visa Office......: Manila
NOC Code......: N/A
App. Filed.......: 03-12-2010
Doc's Request.: 08-02-2011 Divorce Papers
AOR Received.: 23-03-2011 RPRF
File Transfer...: 18-01-2011
Med's Done....: 05-10-2010

« Reply #8 on: June 07, 2011, 02:26:44 pm »

I remember seeing a table somewhere on the CIC website with dollar amounts, but right now I can't find it, and anyways, I'm pretty sure it did not apply to spousal sponsorship (including dependent children). I did find however on the OP2 this:

"10.3. Sponsors who do not meet the income test
Visa offices may receive undertakings from sponsors who are required to meet the income test
but who do not meet it. If the financial test is not met, CPC staff will send a copy of the work in
progress (WIP) transcript and a detailed explanation as to why the application to sponsor is Not
Met. CPC-M will also send the Financial Evaluation (IMM 1283E). It details a sponsor's financial
situation. If a sponsor does not fall under one of the categories described in R133(4), the
application should be refused under A11(2) pursuant to R120(a).and R133(1).
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
OP 2 Processing Members of the Family Class
2006-11-14 43
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."

Hope this helps a little!



The above quote came from another thread.
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Yesterday is but a dream, and tomorrow is only a vision;
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every tomorrow a vision of hope....
ahm2299
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« Reply #9 on: June 07, 2011, 02:31:05 pm »

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 it seems that my wife with her good bank statement and her masters degree will have a good chance in the application, is that right?
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canadianwoman
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« Reply #10 on: June 07, 2011, 11:59:13 pm »

Yes, and note the quote also says that sponsors sponsoring a spouse are exempt from the income requirements anyway.
The visa officer is not going to think that a couple where the wife has a Master's degree from the UK (and substantial savings) and the husband is a doctor will be unable to support themselves. Refusals under A39 happen in cases such as: the applicant is from China and cannot speak English, had a white-collar job (so unable to use those skills in Canada without English); the sponsor is a recent immigrant from China who can barely speak English and has a part-time minimum wage job at a restaurant. Neither had any savings or property. This couple was refused under the A39 rule, since the visa officer simply did not believe they would be able to support themselves in Canada. 
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spicymum
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Interview........: 11-10-2011
VISA ISSUED...: 11-10-2011
LANDED..........: 29-10-2011

« Reply #11 on: June 08, 2011, 12:14:21 am »

Actually, I dont think CIC is totally "moved" by how many Masters or Phd degrees the applicants have AND nothing more.

I recently contacted the CIC call centre SEVERAL TIMES about this and they told me each time that CIC needs to see a source of income for the couple. Each time I tried to make the argument that spouses are exempt from income requirements but they informed me that that was not entirely correct. They said that couples do not need to show any "minimum" income but should be able to show "some" income.

I also argued that I had a Masters degree from one of the top institutions in Calgary and my husband had bla bla bla degrees and accomplishments and we could easily get a job soon. That made no difference, I got the exact same response. (I actually had a job but did not want to mention it on our application. Eventually, I had to.  Cry)

I was quite confused cos I had learned somewhere that couples could apply with no income at all.  Undecided Now, my logic now is that in certain circumstances, total lack of income might negatively affect the application. A good question will be: "what circumstances?". I guess that will be up to the VO, I dont know. But this is what I was informed.

I hope this helps.
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Can't wait to dance with my husband again. Smiley
canadianwoman
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Interview........: 05-05-2009

« Reply #12 on: June 08, 2011, 12:51:07 am »

The sponsor does not need a minimum income to sponsor a spouse or partner. But they have to show that they will be able to support themselves once the applicant arrives in Canada. Having marketable skills is one way to show that the applicant will be able to get a job - so degrees are good, business experience is good, some kind of training for a blue-collar job that is in high demand in Canada is very good, the ability to speak English or French is good. And all such things should be mentioned on the application.
For the sponsor, having a job is definitely better than being unemployed, so mention any job you have on the application. But if you are unemployed, provide proof that you are employable and have plans to get a job soon. For example, the original poster should include the proof that he is currently upgrading his education so he can practice as a doctor in Canada.
To help show the couple will be able to support themselves, you show also present any proof you have that either one of you has savings, investments, and property.
In any case, in the application the couple should present their plans for their future together in Canada: where they plan to live, what jobs they will have, etc. And show any proof of this they can.

Being refused under A39 - the VO doesn't believe the couple will be able to support themselves - is very uncommon. Many people have been approved even though the sponsor was a student, or had no job. The VO wants to see evidence that the couple will be able to get jobs, even if the sponsor does not have one now. Younger people with a good employment history, who can speak English (or French) and who are educated will almost always be assumed to be employable.
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raniloc
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Med's Request: Re-med Request :  Jan. 25, 2012
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Passport Req..: April 11, 2011
VISA ISSUED...: Feb. 29. 2012   ECAS DM - MARCH 5, 2012 , VISA RECEIVED: MARCH 3, 2012
LANDED..........: AUGUST 3, 2012

« Reply #13 on: August 19, 2011, 03:12:14 am »

The sponsor does not need a minimum income to sponsor a spouse or partner. But they have to show that they will be able to support themselves once the applicant arrives in Canada. Having marketable skills is one way to show that the applicant will be able to get a job - so degrees are good, business experience is good, some kind of training for a blue-collar job that is in high demand in Canada is very good, the ability to speak English or French is good. And all such things should be mentioned on the application.
For the sponsor, having a job is definitely better than being unemployed, so mention any job you have on the application. But if you are unemployed, provide proof that you are employable and have plans to get a job soon. For example, the original poster should include the proof that he is currently upgrading his education so he can practice as a doctor in Canada.
To help show the couple will be able to support themselves, you show also present any proof you have that either one of you has savings, investments, and property.
In any case, in the application the couple should present their plans for their future together in Canada: where they plan to live, what jobs they will have, etc. And show any proof of this they can.

Being refused under A39 - the VO doesn't believe the couple will be able to support themselves - is very uncommon. Many people have been approved even though the sponsor was a student, or had no job. The VO wants to see evidence that the couple will be able to get jobs, even if the sponsor does not have one now. Younger people with a good employment history, who can speak English (or French) and who are educated will almost always be assumed to be employable.

If the CIC approves the sponsorship and the application is transferred to the visa office. Will the visa office still check the validity of the sponsorship?  Is there a chance a visa officer may reject the sponsorship although its been approve in CIC?
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canadianwoman
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App. Filed.......: 30-01-2008
Interview........: 05-05-2009

« Reply #14 on: August 20, 2011, 04:12:41 pm »

Yes, the visa officer can make the decision to refuse the application because he/she doesn't believe the couple will be able to support themselves.
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