Criteria for spousal sponsorship approval

[Bangkokcanuck]

Hey all,

I have been reading a ton of stuff on the forum and it appears to me when reading that a Canadian citizen does NOT need to prove financial ability to sponsor their spouse.

So I am curious what criteria do they use to determine if you are considered a fit sponsor?

I know that might seem like an obvious question but people have told me that the sponsorship approval is pretty much a rubber stamp for a Citizen in most cases. I am curious if that is the case why the roughly 30 day delay, simply the sheer volume of applications?

If people have been denied sponsorship approval in the past what are the common reasons given?

Again I am talking only about Canadian citizens attempting to sponsor a spouse no other scenario.

Thanks

 

[waitingintz]

Spouses are exempt from the minimum income requirements but they do still need to submit financial information to show that they are not receiving welfare and that they can reasonably be expected to support the applicant.

The sponsor also has to prove they intend to live in Canada when the the applicant moves there (this is only an issue for sponsors not currently living primarily in canada).

Immigration will also consider past sponsorship by the sponsor (in case there may have been fraud in a past application)

So yes, in most cases, the sponsor is approved - and if they aren't, it's for something that you should be able to know is an issue before you apply.

250,000 people apply for immigration to canada. If I remember the numbers correctly, 50,000 of them are spousal applications plus all the other family sponsorship classes... that's a lot of applications to get through every day. That's why it takes 30 days.

 

[rjessome]

Hey all,

I have been reading a ton of stuff on the forum and it appears to me when reading that a Canadian citizen does NOT need to prove financial ability to sponsor their spouse.

So I am curious what criteria do they use to determine if you are considered a fit sponsor?

I know that might seem like an obvious question but people have told me that the sponsorship approval is pretty much a rubber stamp for a Citizen in most cases. I am curious if that is the case why the roughly 30 day delay, simply the sheer volume of applications?

If people have been denied sponsorship approval in the past what are the common reasons given?

Again I am talking only about Canadian citizens attempting to sponsor a spouse no other scenario.

Thanks

Sponsorship eligibility involves more than just financial considerations. It's covered in the Regulations, specifically R133. Read here:
http://laws.justice.gc.ca/eng/SOR-2002-227/page-4.html#anchorbo-ga:l_7-gb:l_3

250,000 people apply for immigration to canada. If I remember the numbers correctly, 50,000 of them are spousal applications plus all the other family sponsorship classes... that's a lot of applications to get through every day. That's why it takes 30 days.

The number of applicants is actually significantly higher than that. CIC issues approximately 265,000 PR visa's per year. This doesn't include the numbers that have been refused. Their targets can change every year. To read the latest report on immigration to parliament and the section regarding permanent residents, see here:
http://www.cic.gc.ca/english/resources/publications/annual-report2010/section2.asp#part2_1

 

[Bangkokcanuck]

The sponsor also has to prove they intend to live in Canada when the the applicant moves there (this is only an issue for sponsors not currently living primarily in canada).

I wonder how they determine this one? I mean it seems to be a really hard thing to actually prove by the sponsor. We sent in an invitation letter from my parents to stay with them. Plus proof our businesses that we can and plan to operate from Canada, plus the application we put in to a school we want our son to attend. But I mean to prove beyond a shadow of a doubt seems like it is pretty hard. Even a job offer could be fudged etc... must be a lot of personal judgment by the VO on that one.

250,000 people apply for immigration to canada. If I remember the numbers correctly, 50,000 of them are spousal applications plus all the other family sponsorship classes... that's a lot of applications to get through every day. That's why it takes 30 days.

Yuppers that would do it.

Thanks.

 

[Bangkokcanuck]

Sponsorship eligibility involves more than just financial considerations. It's covered in the Regulations, specifically R133. Read here:
http://laws.justice.gc.ca/eng/SOR-2002-227/page-4.html#anchorbo-ga:l_7-gb:l_3

Just so you know that link is not leading to anything for me, just a list of more documents to wade through. I assume it is in the link titled "Immigration and Refugee Protection Act" but I don't really have the time do wade through the 117 pages right now...

Thanks for the link though

 

[waitingintz]

Rjessome- thanks for the correction... I always remember numbers... just don't always remember what the numbers are

Bangkokcanuck - I applied as a canadian living exclusively outside of canada - I just included proof that I had maintained ties to Canada (always had the intention to return) by showing I still filed taxes, had stuff in storage, my initial short-term work contract abroad, etc. You can also look at it from the reverse and show proof you will be leaving your current residence (show resignation from a job or end of lease agreement or work permit). Yes, I suppose it is possible to fudge any of these things but I imagine sometimes they will actually check if this is true and if you did somehow get caught lying your application would definitely be rejected... not really worth the risk.

 

[rjessome]

Just so you know that link is not leading to anything for me, just a list of more documents to wade through. I assume it is in the link titled "Immigration and Refugee Protection Act" but I don't really have the time do wade through the 117 pages right now...

Thanks for the link though

It's the Immigration and Refugee Protection Regulations.

Try this link. http://laws.justice.gc.ca/eng/SOR-2002-227/index.html
It's the table of contents of the Regs. Scroll down to Part 7 - Family Class and then click on Division 3 - Sponsors. Each section of the Regs is numbered. Sections 130 & 133 provide very specific information about eligibility.

 

[Bangkokcanuck]

Bangkokcanuck - I applied as a canadian living exclusively outside of canada - I just included proof that I had maintained ties to Canada (always had the intention to return) by showing I still filed taxes, had stuff in storage, my initial short-term work contract abroad, etc.

That stuff will not work for me as I had to give up my residency in order to NOT pay taxes on my worldwide income which would have been very painful. I maintained no ties as I had no plans of ever returning, amazing what kids will do to your life plans

You can also look at it from the reverse and show proof you will be leaving your current residence (show resignation from a job or end of lease agreement or work permit).

That is the tact we are taking showing the pulling up of roots here. Like I did NOT renew my work permit or long term Visa here gone back to 90 day visitor visas etc..etc..

Yes, I suppose it is possible to fudge any of these things but I imagine sometimes they will actually check if this is true and if you did somehow get caught lying your application would definitely be rejected... not really worth the risk.

I agree was not suggesting it, merely pointing out how subjective that part of the process appears..

 

[Bangkokcanuck]

It's the Immigration and Refugee Protection Regulations.

Try this link. http://laws.justice.gc.ca/eng/SOR-2002-227/index.html
It's the table of contents of the Regs. Scroll down to Part 7 - Family Class and then click on Division 3 - Sponsors. Each section of the Regs is numbered. Sections 130 & 133 provide very specific information about eligibility.

That hit the spot thanks.. from what I can see there I should be a shoe in haha, famous last words right? But in all seriousness it does seem pretty straight forward. For anyone else that might be looking in the future.. the referenced sections 130 and 133 thanks very much for the link, very helpful indeed and I did download a copy of the actual Act for future reading I have a flight coming up soon should help pass the time

130. (1) Subject to subsection (2), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

Sponsor not residing in Canada
(2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor an application referred to in subsection (1) by their spouse, common-law partner, conjugal partner or dependent child who has no dependent children if the sponsor will reside in Canada when the applicant becomes a permanent resident.


133. (1) A sponsorship application shall only be approved by an officer if, on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor
(a) is a sponsor as described in section 130;
(b) intends to fulfil the obligations in the sponsorship undertaking;
(c) is not subject to a removal order;
(d) is not detained in any penitentiary, jail, reformatory or prison;
(e) has not been convicted under the Criminal Code of
(i) an offence of a sexual nature, or an attempt or a threat to commit such an offence, against any person, or
(ii) an offence that results in bodily harm, as defined in section 2 of the Criminal Code, to any of the following persons or an attempt or a threat to commit such an offence against any of the following persons, namely,
(A) a relative of the sponsor, including a dependent child or other family member of the sponsor,
(B) a relative of the sponsor's spouse or of the sponsor's common-law partner, including a dependent child or other family member of the sponsor's spouse or of the sponsor's common-law partner, or
(C) the conjugal partner of the sponsor or a relative of that conjugal partner, including a dependent child or other family member of that conjugal partner;
(f) has not been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence referred to in paragraph (e);
(g) subject to paragraph 137(c), is not in default of
(i) any undertaking, or
(ii) any support payment obligations ordered by a court;
(h) is not in default in respect of the repayment of any debt referred to in subsection 145(1) of the Act payable to Her Majesty in right of Canada;
(i) subject to paragraph 137(c), is not an undischarged bankrupt under the Bankruptcy and Insolvency Act;
(j) if the sponsor resides
(i) in a province other than a province referred to in paragraph 131(b), has a total income that is at least equal to the minimum necessary income, and
(ii) in a province referred to in paragraph 131(b), is able, within the meaning of the laws of that province and as determined by the competent authority of that province, to fulfil the undertaking referred to in that paragraph; and
(k) is not in receipt of social assistance for a reason other than disability.

Exception — conviction in Canada
(2) Despite paragraph (1)(e), a sponsorship application may not be refused
(a) on the basis of a conviction in Canada in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal; or
(b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence in Canada referred to in paragraph (1)(e).

Exception — conviction outside Canada
(3) Despite paragraph (1)(f), a sponsorship application may not be refused
(a) on the basis of a conviction outside Canada in respect of which there has been a final determination of an acquittal; or
(b) if a period of five years or more has elapsed since the completion of the sentence imposed for an offence outside Canada referred to in that paragraph and the sponsor has demonstrated that they have been rehabilitated.

Exception to minimum necessary income
(4) Paragraph (1)(j) does not apply if the sponsored person is
(a) the sponsor's spouse, common-law partner or conjugal partner and has no dependent children;
(b) the sponsor's spouse, common-law partner or conjugal partner and has a dependent child who has no dependent children; or
(c) a dependent child of the sponsor who has no dependent children or a person referred to in paragraph 117(1)(g).

Adopted sponsor
(5) A person who is adopted outside Canada and whose adoption is subsequently revoked by a foreign authority or by a court in Canada of competent jurisdiction may sponsor an application for a permanent resident visa that is made by a member of the family class only if the revocation of the adoption was not obtained for the purpose of sponsoring that application.

 

[rjessome]

The Act and the Regs are dry. :

You are probably better off downloading a copy of OP Manual 2 as it pertains to assessment of FC applicants.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

 

[Bangkokcanuck]

The Act and the Regs are dry. :

You are probably better off downloading a copy of OP Manual 2 as it pertains to asssement of FC applicants.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

Might as well read them all a day without learning something new is a day wasted as I always tell my boys.

Thanks again for that link as well.

 

[TracyS]

That's a really good link. I've just had a preliminary read through and already have found some interesting things. I've amended some of my application already. Thanks.