Family Sponsorship!

[iHumiliate]

Hello all, here is a short summary of what a family member is dealing with or has gone through. Thought maybe I could get some answers here, see if he is wasting his time or not. Thanks for any help!

I have a family member who is 38 years old male and a Canadian Citizen. A few years back he married a girl from Mexico and they lived there while he worked, for a total of 3 years. Once he was done working they moved to Canada together and he sponsored her successfully as his spouse. The women became a PR in 2015. Roughly 5 months after she became a PR she had a family emergency and had to move back to Mexico and surprisingly broke off the marriage to my family member before leaving. To this day they are not officially divorced.

Roughly a year later my family member met a girl in Ottawa, where he lives. She is from Utah and is an American Citizen. A few months after they met she started living with him. This lady has 2 children, one 25-year-old son and a 7-year-old daughter. The 25-year-old has some mental health problems. When he was a teenager he was charged with something and spent a year in some sort of detention centre. He currently lives in Utah. The daughter lives with the ladies ex husband, who actually is a Canadian but moved to America at a young age. They share custody.

(Here is the stuff I think makes it impossible to get around, but who knows)
So my family member just found out that this girl he has been seeing currently has no status in Canada as she overstayed a study or work visa, I cannot remember which. Another thing is that my family member spent 8 years in prison on an assault charge, and has been out for 6 years. My family member does not have a job but does have some savings that no one knows about. He also is currently in bankruptcy and is on Social Assistance.

I know this looks pretty bad. And before talking to a lawyer, I just wanted to know...

1) Can he sponsor this lady in any way currently, common-law or spouse?
2) If he does want to sponsor this lady and her children, does he need to have a certain amount of income or no?
3) If he waits until he is discharged from bankruptcy, and sends in a complete application (Spouse or Common-Law Partner) and undertaking for this lady and her children, would she be eligible and does she meet any of the requirements and is there any chance of approval? What would stop her from being eligible?
4) What would make it so my family member would not be allowed to even sponsor?
5) Can both of these ladies children be on the application even?
6) I thought she was inadmissible if she overstayed, is this true? Where does it say in the Canada Regulations about this?

I know this may seem like a lot, but I would like some advice on those questions so I can just tell my family member yes or no on some questions he wants to be answered. I feel it may be a big waste of time to even do this. But I guess the heart wants what it wants. Thanks in advance!

 

[Rob_TO]

1) Can he sponsor this lady in any way currently, common-law or spouse?

No. Both the bankruptcy and being on social assistance (welfare) bar him from being a sponsor.

It must be common-law. He can't get married to her unless he gets a legal divorce from first wife.

2) If he does want to sponsor this lady and her children, does he need to have a certain amount of income or no?

The 25 year old can't be sponsored, since he's over the age of dependent (21 and under). There is no way around this.

For the daughter, the father must give his permission to allow the daughter to move to Canada. If he doesn't want to give permission and the mom doesn't have sole custody, the daughter can't be sponsored.

There is no minimum income required. However he must be completely off social assistance, and must be able to show he will not go back on welfare after they become PRs.

3) If he waits until he is discharged from bankruptcy, and sends in a complete application (Spouse or Common-Law Partner) and undertaking for this lady and her children, would she be eligible and does she meet any of the requirements and is there any chance of approval? What would stop her from being eligible?

If she has a criminal record that may be a block.

Else they would just need to prove the relationship is genuine, and they've cohabited for 12 consecutive months to be common-law.

4) What would make it so my family member would not be allowed to even sponsor?

Violent crime against a family member may make him ineligible to be a sponsor.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#violent

Of course he must also be completely off social assistance, and must be totally discharged from the bankruptcy.

5) Can both of these ladies children be on the application even?

The son, no , as explained.

The daughter depends on father's permission, but even if he doesn't give permission the daughter must still do a medical exam so she may be able to be sponsored in the future.

6) I thought she was inadmissible if she overstayed, is this true? Where does it say in the Canada Regulations about this?

If they submit an INLAND PR app, CBSA "may" take this into account and choose to delay any removal proceedings until after a decision is made. This varies case by case, but in general many people currently in Canada illegally have successfully been sponsored for PR.

 

[canuck_in_uk]

Hello all, here is a short summary of what a family member is dealing with or has gone through. Thought maybe I could get some answers here, see if he is wasting his time or not. Thanks for any help!

I have a family member who is 38 years old male and a Canadian Citizen. A few years back he married a girl from Mexico and they lived there while he worked, for a total of 3 years. Once he was done working they moved to Canada together and he sponsored her successfully as his spouse. The women became a PR in 2015. Roughly 5 months after she became a PR she had a family emergency and had to move back to Mexico and surprisingly broke off the marriage to my family member before leaving. To this day they are not officially divorced.

Roughly a year later my family member met a girl in Ottawa, where he lives. She is from Utah and is an American Citizen. A few months after they met she started living with him. This lady has 2 children, one 25-year-old son and a 7-year-old daughter. The 25-year-old has some mental health problems. When he was a teenager he was charged with something and spent a year in some sort of detention centre. He currently lives in Utah. The daughter lives with the ladies ex husband, who actually is a Canadian but moved to America at a young age. They share custody.

(Here is the stuff I think makes it impossible to get around, but who knows)
So my family member just found out that this girl he has been seeing currently has no status in Canada as she overstayed a study or work visa, I cannot remember which. Another thing is that my family member spent 8 years in prison on an assault charge, and has been out for 6 years. My family member does not have a job but does have some savings that no one knows about. He also is currently in bankruptcy and is on Social Assistance.

I know this looks pretty bad. And before talking to a lawyer, I just wanted to know...

1) Can he sponsor this lady in any way currently, common-law or spouse?
2) If he does want to sponsor this lady and her children, does he need to have a certain amount of income or no?
3) If he waits until he is discharged from bankruptcy, and sends in a complete application (Spouse or Common-Law Partner) and undertaking for this lady and her children, would she be eligible and does she meet any of the requirements and is there any chance of approval? What would stop her from being eligible?
4) What would make it so my family member would not be allowed to even sponsor?
5) Can both of these ladies children be on the application even?
6) I thought she was inadmissible if she overstayed, is this true? Where does it say in the Canada Regulations about this?

I know this may seem like a lot, but I would like some advice on those questions so I can just tell my family member yes or no on some questions he wants to be answered. I feel it may be a big waste of time to even do this. But I guess the heart wants what it wants. Thanks in advance!

Who did he assault?

The older child is not a dependent and cannot be included. The daughter should already be a Canadian citizen if her father is.

 

[iHumiliate]

Who did he assault?

The older child is not a dependent and cannot be included. The daughter should already be a Canadian citizen if her father is.

The assault was related to a fight outside of a club. It was a random person, not a family member he assaulted.

And yes, the child is a Canadian citizen I guess if the father was born in Canada.

 

[Rob_TO]

Who did he assault?

The older child is not a dependent and cannot be included. The daughter should already be a Canadian citizen if her father is.

Missed the part about the father being Canadian. As long as he was born/naturalized in Canada, that would make both kids (assuming he's also the son's father) Canadian citizens already.

 

[iHumiliate]

No. Both the bankruptcy and being on social assistance (welfare) bar him from being a sponsor.

It must be common-law. He can't get married to her unless he gets a legal divorce from first wife.



The 25 year old can't be sponsored, since he's over the age of dependent (21 and under). There is no way around this.

For the daughter, the father must give his permission to allow the daughter to move to Canada. If he doesn't want to give permission and the mom doesn't have sole custody, the daughter can't be sponsored.

There is no minimum income required. However he must be completely off social assistance, and must be able to show he will not go back on welfare after they become PRs.



If she has a criminal record that may be a block.

Else they would just need to prove the relationship is genuine, and they've cohabited for 12 consecutive months to be common-law.



Violent crime against a family member may make him ineligible to be a sponsor.
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html#violent

Of course he must also be completely off social assistance, and must be totally discharged from the bankruptcy.



The son, no , as explained.

The daughter depends on father's permission, but even if he doesn't give permission the daughter must still do a medical exam so she may be able to be sponsored in the future.




If they submit an INLAND PR app, CBSA "may" take this into account and choose to delay any removal proceedings until after a decision is made. This varies case by case, but in general many people currently in Canada illegally have successfully been sponsored for PR.

Can he still try and sponsor if he is no longer bankrupt or on social assistance but still technically married to someone on paper (divorce is not finalized). Would his jail time affect this?

 

[iHumiliate]

If the lady has not been ordered deported because of her staying past her visa, will it draw red flags if they see they are applying for a visa and she is not supposed to be in Canada?

 

[Rob_TO]

Can he still try and sponsor if he is no longer bankrupt or on social assistance but still technically married to someone on paper (divorce is not finalized). Would his jail time affect this?

Yes, as long as he's common-law it's fine if he's still married on paper to an ex.

Jail time should only matter if it was a violent crime against a family member. See the link I posted to.

 

[Rob_TO]

If the lady has not been ordered deported because of her staying past her visa, will it draw red flags if they see they are applying for a visa and she is not supposed to be in Canada?

Yes. IRCC and CBSA will immediately know she's out of status once the PR app is submitted.

As mentioned, they may or may not act on it, every case seems to be different.

 

[iHumiliate]

So the girl is not inadmissible currently according to the act or regulations?

Assume my family members sponsorship application was approved but her PR application was refused under Common-Law, could they appeal it?

 

[iHumiliate]

After doing some research. The club fight in Regina (Canada) was an indictable offence and could have gotten like 16 years but served half I believe. So would he would not get approved in any way because of section R133 (1) (i.1), correct?

• (i) an offence of a sexual nature, or an attempt or a threat to commit such an offence, against any person,
  
• (i.1) an indictable offence involving the use of violence and punishable by a maximum term of imprisonment of at least 10 years, or an attempt to commit such an offence, against any person, or
  

 

[scylla]

After doing some research. The club fight in Regina (Canada) was an indictable offence and could have gotten like 16 years but served half I believe. So would he would not get approved in any way because of section R133 (1) (i.1), correct?

• (i) an offence of a sexual nature, or an attempt or a threat to commit such an offence, against any person,
• (i.1) an indictable offence involving the use of violence and punishable by a maximum term of imprisonment of at least 10 years, or an attempt to commit such an offence, against any person, or

Based on the timelines you provided, he already had these charges when he sponsored his first wife. So if the charges would have been a problem - then this issue would have come up with that initial sponsorship. If he was able to sponsor his first wife - then clearly the charges aren't a problem for sponsorship.

So he needs to discharge his bankruptcy and also get off welfare/social assistance (and stay off) in order to be able to sponsor his new common law partner.

Note that the application will likely be scrutinized quite closely by CIC to ensure the relationship is genuine based on his common law partner's lack of status in Canada and the fact that he recently sponsored someone else for PR. So I would expect longer than normal processing times.

 

[iHumiliate]

Based on the timelines you provided, he already had these charges when he sponsored his first wife. So if the charges would have been a problem - then this issue would have come up with that initial sponsorship. If he was able to sponsor his first wife - then clearly the charges aren't a problem for sponsorship.

So he needs to discharge his bankruptcy and also get off welfare/social assistance (and stay off) in order to be able to sponsor his new common law partner.

Note that the application will likely be scrutinized quite closely by CIC to ensure the relationship is genuine based on his common law partner's lack of status in Canada and the fact that he recently sponsored someone else for PR. So I would expect longer than normal processing times.

If he sponsored his current spouse who went back home to Mexico and separated from him. Does her PR status automatically get removed and he is no longer on the hook for her any longer? Or does the divorce have to be finalized first? Or a certain amount of years have to pass?

 

[scylla]

If he sponsored his current spouse who went back home to Mexico and separated from him. Does her PR status automatically get removed and he is no longer on the hook for her any longer? Or does the divorce have to be finalized first? Or a certain amount of years have to pass?

He's financially on the hook for her for three years after she lands. Doesn't matter if they are still together or not. If she took any welfare during those three years, he will have to pay this money back before he can sponsor anyone new.

He also cannot sponsor anyone new for three years after her landing.

 

[iHumiliate]

He's financially on the hook for her for three years after she lands. Doesn't matter if they are still together or not. If she took any welfare during those three years, he will have to pay this money back before he can sponsor anyone new.

He also cannot sponsor anyone new for three years after her landing.

three years? I thought he had a 5-year requirement? Maybe I read that wrong