Can I sponsor my husband who is on Study Permit while I hold PR

[kaur1172]

Hi Peeps,

I am looking for a little help from canada visa forum community on my case. Right now I am applying for my husband's application in Sposoring spouse within Canada.

He holds an international student visa. and got a study permit renewed twice. The most recent study permit was renewed in Dec 2020.
But did not attend school this time. Then we got married in May 2021. I am working on his Open work Permit application. On the Document CheckList imm 5556, Am I supposed to check box saying
"If You a Student" Provide proof of your academic standing: letter from institutional registrar and/or photocopies of transcipts from your last two periods of study.
OR
could I provide. "Letter of completion" of his previous program which completed in Jun 2020.

 

[bluffmaster88]

Hi Peeps,

I am looking for a little help from canada visa forum community on my case. Right now I am applying for my husband's application in Sposoring spouse within Canada.

He holds an international student visa. and got a study permit renewed twice. The most recent study permit was renewed in Dec 2020.
But did not attend school this time. Then we got married in May 2021. I am working on his Open work Permit application. On the Document CheckList imm 5556, Am I supposed to check box saying
"If You a Student" Provide proof of your academic standing: letter from institutional registrar and/or photocopies of transcipts from your last two periods of study.
OR
could I provide. "Letter of completion" of his previous program which completed in Jun 2020.

If he completed his studies in Jun 2020, how did he renew his study permit in Dec 2020?

 

[scylla]

Hi Peeps,

I am looking for a little help from canada visa forum community on my case. Right now I am applying for my husband's application in Sposoring spouse within Canada.

He holds an international student visa. and got a study permit renewed twice. The most recent study permit was renewed in Dec 2020.
But did not attend school this time. Then we got married in May 2021. I am working on his Open work Permit application. On the Document CheckList imm 5556, Am I supposed to check box saying
"If You a Student" Provide proof of your academic standing: letter from institutional registrar and/or photocopies of transcipts from your last two periods of study.
OR
could I provide. "Letter of completion" of his previous program which completed in Jun 2020.

You can sponsor him, however he may no longer have a valid study permit. He may actually be out of status now in Canada since he has failed to attend school.

You're in a messy situation. He's technically no longer a student and study permits are typically canceled by IRCC when someone on a study permit stops attending school. He last studied over a year ago so chances are quite high his study permit has been canceled and he's now out of status in Canada (hopefully he's not working).

You can't provide proof of academic standing. He's not attending school and hasn't attended school in a long time. You can try providing the letter of completion. But again, that's problematic since it's dated over a year ago.

It's hard to say what to do in this situation. The best option may be to say that he is out of status (since he likely is out of status) and then submit an application to restore his status in Canada.

 

[YVR123]

Tricky part is he's been out of status for so long. I am not sure if he can still apply to restore his status. May be there are some special exemption during COVID.

 

[kaur1172]

If he completed his studies in Jun 2020, how did he renew his study permit in Dec 2020?

@bluffmaster88
In Dec he enrolled in another program but chose not to attend school later on for some reasons

 

[kaur1172]

You can sponsor him, however he may no longer have a valid study permit. He may actually be out of status now in Canada since he has failed to attend school.

You're in a messy situation. He's technically no longer a student and study permits are typically canceled by IRCC when someone on a study permit stops attending school. He last studied over a year ago so chances are quite high his study permit has been canceled and he's now out of status in Canada (hopefully he's not working).

You can't provide proof of academic standing. He's not attending school and hasn't attended school in a long time. You can try providing the letter of completion. But again, that's problematic since it's dated over a year ago.

It's hard to say what to do in this situation. The best option may be to say that he is out of status (since he likely is out of status) and then submit an application to restore his status in Canada.

Hi @scylla,

Thank you so much to advice on my situation. I really appreciate it.

If he is out of status from his study permit (issued in Dec 2020-2022) cuz he did not attend school after getting enrolled. Would I be still able to sponsor him rather than sending him back to home country. I really want to apply from inland rather than outland application and live apart

I am thinking to attach the marriage certificate along with the "Spousal Work Permit Application".

Would IRCC consider his work permit application based on a spouse or as an international student?

Please suggest what could be the best solution for us!

 

[scylla]

Hi @scylla,

Thank you so much to advice on my situation. I really appreciate it.

If he is out of status from his study permit (issued in Dec 2020-2022) cuz he did not attend school after getting enrolled. Would I be still able to sponsor him rather than sending him back to home country. I really want to apply from inland rather than outland application and live apart

I am thinking to attach the marriage certificate along with the "Spousal Work Permit Application".

Would IRCC consider his work permit application based on a spouse or as an international student?

Please suggest what could be the best solution for us!

Yes, you can still sponsor him inland if he is out of status.

He does not qualify for a Spousal Open Work Permit. He would only qualify for a Spousal Open Work Permit if you were on a study permit in Canada or on a work permit in a NOC A, B or 0 role. IRCC will not consider a spousal open work permit.

He can apply for a regular Open Work Permit as part of the inland spousal sponsorship application package. Processing times for OWPs along with inland sponsorship applications are taking around 6-8 months to process these days. It will take longer if he is out of status.

 

[kaur1172]

Yes, you can still sponsor him inland if he is out of status.

He does not qualify for a Spousal Open Work Permit. He would only qualify for a Spousal Open Work Permit if you were on a study permit in Canada or on a work permit in a NOC A, B or 0 role. IRCC will not consider a spousal open work permit.

He can apply for a regular Open Work Permit as part of the inland spousal sponsorship application package. Processing times for OWPs along with inland sponsorship applications are taking around 6-8 months to process these days. It will take longer if he is out of status.

Thank you So much @scylla, it is truly big relief to get assured I could sponser my husband in this situation, without sending him away!

I am actually thinking to use online application portal to submit the file instead of paper.

Any forum member got experience in applying online?

 

[kaur1172]

Since we Do not have any kids or any dependants, so I guess no need to fill imm 1283- Financial evaluation?

 

[canuck78]

Since we Do not have any kids or any dependants, so I guess no need to fill imm 1283- Financial evaluation?

yes you still do. You need to show you can support your family without government help.

 

[kaur1172]

yes you still do. You need to show you can support your family without government help.

Ohh no I wasn't expecting it. But since it is required so will go for it!

I check the Minimum Income Requirements to sponsor is below:

"Size of Family UnitMinimum necessary income
1 person (the sponsor) $26,426
2 persons$32,898
3 persons$40,444
4 persons$49,106
5 persons$55,694
6 persons$62,814
7 persons$69,934
More than 7 persons, for each additional person, add$7,120""

I guess I need to have $32898 as my annual income. But for the last year, due to covid, My income was around $28K,
However, since I had a increment in my wage, my annual income for this year is gonna be around $33K.


Would IRCC consider my income as 28K

 

[armoured]

[="canuck78, post: 9744395, member: 678500"]
yes you still do.
[/QUOTE]

Don't believe that's correct. Form 1283 only if dependents (who have their own dependents).

 

[kaur1172]

[="canuck78, post: 9744395, member: 678500"]
yes you still do.

Don't believe that's correct. Form 1283 only if dependents (who have their own dependents).
[/QUOTE
Sorry I wanted to confirm your point that you are saying we still need imm 1283 to sponsor my husband even if we don't have any dependents individually or as a couple

 

[armoured]

Don't believe that's correct. Form 1283 only if dependents (who have their own dependents).
[/QUOTE
Sorry I wanted to confirm your point that you are saying we still need imm 1283 to sponsor my husband even if we don't have any dependents individually or as a couple

No. I'm saying what I wrote and what the instructions say.

 

[canuck78]

[="canuck78, post: 9744395, member: 678500"]
yes you still do.

Don't believe that's correct. Form 1283 only if dependents (who have their own dependents).
[/QUOTE]

Then there is another form then where you have to show proof of your income, savings, etc. I don’t know the number off the top of my head.