Spouse Sponsorship Question !!

[ap_123]

Hello there,

I am preparing for the application for my spouse and needed some info.....

I am in India currently and my wife is holding Indian Passport.

I got married on 12th December 2011, and gathering required info about my spouse's PR application.

I am landed immigrant (PR) since June 2011, and currently in India.

1) Is there a requirement for me to be physically in Canada to be able to sponsor my wife ?

2) Aslo if yes, Do I have to have a job or some sort of income ?

3) If I am not working in Canada at the time of this application, what should I do ? Do I have to wait until I find a job or Can I successfully apply without being employed person in Canada ?

If someone can answer my above queries, that would be really helpful.

Thnaks in advance.

AP.

 

[bilbol11]

i think you better get a job before you apply us they will ask you for income so if you dont have any income or you have a bitt it will be a prob maby it will be a reason to denied your application i am not sure about that but i think so

 

[scarycemetery]

1. Yes, since you are a PR yourself it is required that you be in Canada during the sponsorship.
2. I don't believe a job is required, but it's probably a good idea to keep you occupied and to show them that you do in fact want to stay in Canada. However you cannot be refused due to income.

 

[CharlieD10]

However you cannot be refused due to income.

Just to be clear...a SPONSOR may not be deemed ineligible to sponsor due to a lack of income or income below a certain level when applying to sponsor a spouse and/or dependent child. There is nothing that says the APPLICANT cannot be denied because of it, and in fact, Section A39 clearly states that an APPLICANT is ineligible for financial reasons if Immigration is not convinced that they are willing or able to become self-sufficient and that arrangements NOT INCLUDING relying on social assistance have been made for their care and support.

This means that if you are not working, and cannot show a minimum income you will still be able to sponsor your spouse. However, if your spouse has no working experience, no qualifications and neither of you is independently wealthy and cannot show how you are going to support yourselves in Canada, the chances of your spouse being denied under Section A39 are significant. This should always be kept in mind when advising that someone "cannot be refused due to income".

 

[newdelhi2011]

Hello there,

I am preparing for the application for my spouse and needed some info.....

I am in India currently and my wife is holding Indian Passport.

I got married on 12th December 2011, and gathering required info about my spouse's PR application.

I am landed immigrant (PR) since June 2011, and currently in India.

1) Is there a requirement for me to be physically in Canada to be able to sponsor my wife ?

2) Aslo if yes, Do I have to have a job or some sort of income ?

3) If I am not working in Canada at the time of this application, what should I do ? Do I have to wait until I find a job or Can I successfully apply without being employed person in Canada ?

If someone can answer my above queries, that would be really helpful.

Thnaks in advance.

AP.

First of all, Congratulation on your marriage and I hope you are enjoying your stay in india with your wife. Enjoy every minute while you are there.
Now to answer your questions.
1) Since you are PR and not citizen, you must be in Canada while you sponsor your wife.
2) You don't necessary have to show income if you are not working. But you will need to explain them how are you supporting yourself financially. and how are you planning to support your wife once she is here?
If you are living with your parents, you can have them write a letter showing that they are supporting you. If you have a good amount of saving in bank, show that and write a letter how you are living off your saving while you are searching for a work.
Once you find a job, you can always send them your updated financial information.
I would suggest you not to wait till you get a job and have the PR process start.

Good luck

http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-applicants-of-new-delhi-2010-t45583.16125.html

 

[Leon]

Just to be clear...a SPONSOR may not be deemed ineligible to sponsor due to a lack of income or income below a certain level when applying to sponsor a spouse and/or dependent child. There is nothing that says the APPLICANT cannot be denied because of it, and in fact, Section A39 clearly states that an APPLICANT is ineligible for financial reasons if Immigration is not convinced that they are willing or able to become self-sufficient and that arrangements NOT INCLUDING relying on social assistance have been made for their care and support.

That is right.

OP2 says:

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.

I have heard of one case of a sponsor being refused as he was working part time and making very little money (unless he was working under the table which of course immigration would not know about) and his claim that his wife would work in Canada was not considered by immigration because his wife spoke very little English.

 

[newdelhi2011]

Just to be clear, no where in any official documents including A39 talks about minimum income for sponsoring of your spouse only.

Let's not confuse dependent children rules with spouse rules. I know few guys who had $0.0 income because of their full time studies and they got their approved for sponsorship for no issues.

"Prove that you have sufficient income to provide basic requirements for your spouse or common‑law partner’s dependent children. To do this, you must provide documents showing your financial resources for the past 12 months. This requirement applies only when dependent children who have dependent children of their own are included on the application."

http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp

 

[scylla]

Just to be clear, no where in any official documents including A39 talks about minimum income for sponsoring of your spouse only.

That may be true - however we have seen a handful of cases here where spousal sponsorship applications have been refused due to insufficient income. (No kids involved. Sponsor was not on social assistance and not bankrupt.) So unfortunately it does happen...

 

[newdelhi2011]

That may be true - however we have seen a handful of cases here where spousal sponsorship applications have been refused due to insufficient income. (No kids involved. Sponsor was not on social assistance and not bankrupt.) So unfortunately it does happen...

scylla,

I agree that could happen if sponsor and application both don't have enough credentials (diploma/ degree) and if sponsor is not working and other language issues.
What I am trying to explain is that show your financial situation of how you are supporting yourself and be clear. I have seen many cases where they get letter from parents saying they are supporting if they are full time student. If he had a job before, he could put his copy of paycheques and bank statement. If his spouse is educated and can speak english, I would suggest him to go ahead and apply rather then wait till get a job.

 

[scylla]

I have seen many cases where they get letter from parents saying they are supporting if they are full time student. If he had a job before, he could put his copy of paycheques and bank statement. If his spouse is educated and can speak english, I would suggest him to go ahead and apply rather then wait till get a job.

Absolutely agree with you there. I wouldn't wait either.

 

[apatel]

Many thanks everyone for your precious time given in answering my querie. (bibol11, scarycemetery, charlieD10, newdelhi2011, Leon, Scylla)

As I am currently in India, I will have to wait until I get there (Canada).

As per newdelhi2011’s wise suggestion. I think I will not wait until I find a job for my spouse sponsorship application, as….

1) I do have sufficient amount of savings in TD Canada trust account.
2) My wife is M.Com (English medium) and is confident English speaker.
3) As soon as I find a job, I can always update my financial information with my first pay slip and updated bank statement showing I got paid for the month for instance. I can also enclose a copy of my employment contarct then.

So overall, I think I can safely apply once I get there in Canada without waiting to be employed and get my spouse’s PR application started ASAP.

Thanks again everyone, if I will have more queries I will ask here again.

AP.

 

[apatel]

+1 FOR NEWDELHI2011.


CHEERS !!!

 

[jattu1980]

That is almost the exact question I had in mind for my situation. Once again, the people on this forum are really helpful. Thank you guys.

One quick question concerning spousal sponsorship. While her outland processing is going on, can she apply for a tourist visa and visit me in the meanwhile?

Thanks again!

 

[CharlieD10]

That is almost the exact question I had in mind for my situation. Once again, the people on this forum are really helpful. Thank you guys.

One quick question concerning spousal sponsorship. While her outland processing is going on, can she apply for a tourist visa and visit me in the meanwhile?

Thanks again!

Yes. Chances are slimmer than normal, successfully proving dual intent is a lot harder than CIC makes it seem, but it has been done by non-visa-exempt spouses.