Thoughts about my situation--help!

[Nessa]

Hi all,

I am a Canadian Citizen, born and raised in Canada.  I came to Mexico in 2009 to do a Master´s degree and will be finishing around  November of this year.  I have to go back to Canada at the end of my studies due to scholarship conditions.

I have a boyfriend here, been together for a bit more than 2 years and we are planning on getting married and going to live in Canada together.  The thing is how can I sponsor him if I don´t have a job yet. I haven´t had a job in the last year, due to studying in Mexico and living off of my scholarship money.  It looks like they ask for your income in the last 12 months in order to sponsor someone.  So how could I do this?  So would I have to go back to Canada, find  a job, and work for a year before applying?

Also during the application for the permanent residence visa, would he be allowed to stay with me in Canada or does he have to stay in Mexico until everything is accepted?



Would it be easier to get married in Canada or Mexico?

Thanks for your help in advance.

[cdngrl]

for your question regarding income there is NO minimum income requirement for a spousal application. Your application will not be rejected for lack of income.

as for the other questions.. anyone else?

[CrazyLucy]

Would it be easier to get married in Canada or Mexico?

Either one would be equal. As long as you have the marriage certificate and translated to French or English.

[CharlieD10]

1) You may sponsor him living in Mexico, however it will be necessary to establish to the satisfaction of CIC that you intend to return to Canada to resettle once he has PR.

2) There is no minimum income requirement for sponsoring a spouse. CIC looks at your past earnings in order to verify that you are not in receipt of social assistance for reasons other than for disability, and that you are capable of holding up your end of the sponsorship agreement to care for your spouse's basic needs.

3) If he is visa-exempt, he can come visit with you while the processing takes place.  If he is not, you will have to apply for a TRV.

[Huron]

The short answers to your questions are:

 1 that you do not have to be working to Sponsor to sponsor your spouse or partner (common law or conjugal), but you do need to prove that you would be able to support yourself and your spouse / partner upon returning to Canada.

2 You did not mention if your finance has a TRV for Canada.  If he does not have and is not given a TRV then he cannot go to Canada to marry or wait for PR.  (You would have to marry in Mexico.)  (If you are a same sex couple you would have to marry in Mexico City.)  You will have to get permission from INM (Instituto Nacional de Migración) Mexican Immigration to marry a Mexican citizen as well as some other Tramites depending on the state if you are married in Mexico.  

You should join the Mexico thread for more information about sponsoring and processing at the Mexico VO 

[Nessa]

Oh Thank you for the very helpful replies!  I feel much more relaxed now.

Another question that maybe someone can help me out with:

Can I start applying for the PR while I am still in Mexico, even if I plan on going back to Canada in the middle of the process?

What is happeneing is I am still in Mexico finishing my program.  I will probably finish in November, and at that time I have no choice but to go back to Canada.  So can I apply now while I am still here, and then go back to Canada? Or do I have to wait until I go to Canada?

Thanks! 

[Huron]

Yes you can apply when you are both living in Mexico.  You will have to provide proof of your intent to reestablish yourself in Canada at some point in the process. 

[Nessa]

So that way I cannot apply outland, it would have to be inland?

[Huron]

Inland = applicant foreigner applying while IN Canada
Outland applicant foreigner applying while OUT of Canada

Since your finance will be with you in Mexico (out of Canada) during the application process you would be applying outland

[canadianwoman]

So that way I cannot apply outland, it would have to be inland?

Applying outland or inland: it makes no difference where you, the sponsor, are. If the applicant is living outside of Canada, he/she must be sponsored outland. If the applicant is in Canada, he/she can be sponsored inland or outland.

You can apply while you are still in Mexico, but will have to provide proof you will be returning to Canada to live. Since you are going back, such proof should be easy to get: show that your course will be over, that you will lose your Mexican visa when it is over, and then show your plans to reestablish yourself in Canada. Because you will be going back before the processing of the visa is over, you don't need as much proof as you would if you were planning to stay with your spouse in Mexico until the PR was received. Because once you have reestablished yourself in Canada, you can send additional proof of this to be added to the file.

[Nessa]

okay thank you, I think I understand now!

I could probably just submit the letter from my scholarship where it states that I am required to go back to Canada once I finish my degree, right?

Thank you for all of the help! 

[Boracay]

You do have to have a minimal income proven in the 12 months proceeding your application if the one you are sponsoring has a dependent child AND the dependent child has a dependent child of his or her own. That would make at least one of you a grandparent.

So as long as that's not the case, no worries. However the VO may ask how you intend to support yourselves upon your return so it's best to have proof of a job offer or how intend to support yourselves in Canada.