Hi, I could really use some help and would be so grateful for any guidance or advice.
Simply put after waiting 2 years we found out my Canadian wife is not eligible to be my sponsor since she (and her 7 yr old son) are on Alberta Health Benefits for health insurance. They have also been getting this social assistance from day 1 of us submitting our/my PR spousal sponsorship application, which we didn't realize is considered "Social Assistance". Now immigration is asking for proof that she is eligible and I have about 2 more weeks to send them whatever that proof is.
My questions are:
A little about me and my wife:
Here is the PDF they sent me telling me my wife is not eligible to sponsor me:
This letter refers to your application for permanent residence under the Spouse or Common-law
Partner in Canada class.
Having reviewed your application, I have concerns that you may not meet the requirements for
immigration to Canada.
Subsection 13(1) of the Immigration and Refugee Protection Act states that a Canadian citizen or
permanent resident may, subject to the regulations, sponsor a foreign national who is a member of
the family class.
Subsection 124(c) of the Immigration and Refugee Protection Regulations states that a foreign
national is a member of the spouse or common-law partner in Canada class if they are the subject of
a sponsorship application.
Section 127 of the Regulations states that a foreign national who makes an application as a member
of the spouse or common-law partner in Canada class and their accompanying family members shall
not become a permanent resident unless a sponsorship undertaking in respect of the foreign national
and those family members is in effect and the sponsor who gave that undertaking still meets the
requirements of section 133 and, if applicable, section 137.
Subsection 133(1) of the Regulations states that 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
(k) is not in receipt of social assistance for a reason other than disability.
We received confirmation from the Alberta Ministry of Human Services that your sponsor has been in
receipt of social assistance for a reason other than disability since the filing of your application. As
such, I am not satisfied that you have a valid sponsor and are therefore not the subject of a
sponsorship in effect. Your sponsor is therefore ineligible to sponsor your application for permanent
residence. Accordingly, you may not meet the requirements of the Regulations.
Subsection 16(1) of the Act states that a person who makes an application must answer truthfully all
questions put to them for the purpose of the examination and must produce a visa and all relevant
evidence and documents that the officer reasonably requires.
Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they are a member of that class and they meet the selection criteria and other requirements applicable to that class.
The onus is on you to satisfy me that you have an eligible sponsor and meet the requirements of the spouse or common-law partner in Canada class. I would therefore request that you send any information and/or documents which you consider might respond to this concern within thirty (30) days from the date of this letter. I must also advise you that failure to disabuse me of my concern may result in the refusal of your application.
Here is our written letter asking for them to approve and we made a mistake
Hello,
When I first did my application we waited until my wife had graduated from school, was off from social assistance, and had a full time job before filing my application. After she/we accomplished all those goals as a family we then applied for my permanent resident. We were unaware at the time of filing and have been unaware that she was technically still on social assistance as it seems Alberta Health Benefits for help with health insurance is considered a form of social assistance. It wasn’t until the day you emailed me about her not being eligible that we realized our mistake. Between my wife’s medication and sons health we are unable to stop Alberta Health Benefits at the moment, however my wife’s new job will be providing employer health coverage for her on January 1st 2018. Which then she would cancel Alberta Health Benefits and be fully and solely on her employer benefits. I provided documentation from her employer stating that my wife will receive benefits on January 1st 2018.
Please do not break up our family, her son looks up to me as his father and would be devastated if our family were to be broken up. Please if its possible, allow us tp be approved for my permanent resident after my wife is on her employer health insurance and no longer on Alberta Health Benefits in January.
Sincerely,
THANK YOU FOR ANY HELP OR SUGGESTIONS!!!!!
Simply put after waiting 2 years we found out my Canadian wife is not eligible to be my sponsor since she (and her 7 yr old son) are on Alberta Health Benefits for health insurance. They have also been getting this social assistance from day 1 of us submitting our/my PR spousal sponsorship application, which we didn't realize is considered "Social Assistance". Now immigration is asking for proof that she is eligible and I have about 2 more weeks to send them whatever that proof is.
My questions are:
- Since my wife will be getting health insurance from work on January 1st 2018 (its not possible to get it sooner) can we ask/tell immigration to approve my PR application when my wife is off Alberta Health and on her work insurance in 2 months roughly or will they outright deny my application because as of today, when they make their decision, she will technically not be eligible as a sponsor. We are hoping they will take into consideration her getting insurance through work soon and give us some leeway.
- Would my PR be approved if she cancelled all her Alberta Health Benefits and we sent documentation proving so, or since she has had social assistance this entire time, when she wasnt suppose to, does that make it a cut n dry my app will be denied and there is nothing we can do about it?
- How soon do I have to leave Canada if my PR is denied?
- What happens if I stay a week or two later then the date they say I have to leave, will they arrest me at the airport or something as I try to fly back to the USA?
- I have a work permit that is valid for another year, if my PR application is denied can I still live in Canada for the year on my work permit then my wife and I submit a second PR spousal sponsorship application in the mean time?
- If I am forced to leave Canada and return to the US, once back in the US can I submit a 2nd PR spousal sponsorship application from outside Canada
A little about me and my wife:
- I am American she is Canadian
- I came to visit her in Canada and never left and we got married 6 ish months after I got here
- We submitted all our spousal sponsorship and my PR applications from within Canada
- I have a Canadian social security number, but have not filed Canadian taxes
- I have a valid work permit for about 7-9 more months
- It is my self, her, and her 7 year old son in our small family
Here is the PDF they sent me telling me my wife is not eligible to sponsor me:
This letter refers to your application for permanent residence under the Spouse or Common-law
Partner in Canada class.
Having reviewed your application, I have concerns that you may not meet the requirements for
immigration to Canada.
Subsection 13(1) of the Immigration and Refugee Protection Act states that a Canadian citizen or
permanent resident may, subject to the regulations, sponsor a foreign national who is a member of
the family class.
Subsection 124(c) of the Immigration and Refugee Protection Regulations states that a foreign
national is a member of the spouse or common-law partner in Canada class if they are the subject of
a sponsorship application.
Section 127 of the Regulations states that a foreign national who makes an application as a member
of the spouse or common-law partner in Canada class and their accompanying family members shall
not become a permanent resident unless a sponsorship undertaking in respect of the foreign national
and those family members is in effect and the sponsor who gave that undertaking still meets the
requirements of section 133 and, if applicable, section 137.
Subsection 133(1) of the Regulations states that 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
(k) is not in receipt of social assistance for a reason other than disability.
We received confirmation from the Alberta Ministry of Human Services that your sponsor has been in
receipt of social assistance for a reason other than disability since the filing of your application. As
such, I am not satisfied that you have a valid sponsor and are therefore not the subject of a
sponsorship in effect. Your sponsor is therefore ineligible to sponsor your application for permanent
residence. Accordingly, you may not meet the requirements of the Regulations.
Subsection 16(1) of the Act states that a person who makes an application must answer truthfully all
questions put to them for the purpose of the examination and must produce a visa and all relevant
evidence and documents that the officer reasonably requires.
Subsections 72(1)(c) and 72(1)(d) of the Regulations indicates that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they are a member of that class and they meet the selection criteria and other requirements applicable to that class.
The onus is on you to satisfy me that you have an eligible sponsor and meet the requirements of the spouse or common-law partner in Canada class. I would therefore request that you send any information and/or documents which you consider might respond to this concern within thirty (30) days from the date of this letter. I must also advise you that failure to disabuse me of my concern may result in the refusal of your application.
Here is our written letter asking for them to approve and we made a mistake
Hello,
When I first did my application we waited until my wife had graduated from school, was off from social assistance, and had a full time job before filing my application. After she/we accomplished all those goals as a family we then applied for my permanent resident. We were unaware at the time of filing and have been unaware that she was technically still on social assistance as it seems Alberta Health Benefits for help with health insurance is considered a form of social assistance. It wasn’t until the day you emailed me about her not being eligible that we realized our mistake. Between my wife’s medication and sons health we are unable to stop Alberta Health Benefits at the moment, however my wife’s new job will be providing employer health coverage for her on January 1st 2018. Which then she would cancel Alberta Health Benefits and be fully and solely on her employer benefits. I provided documentation from her employer stating that my wife will receive benefits on January 1st 2018.
Please do not break up our family, her son looks up to me as his father and would be devastated if our family were to be broken up. Please if its possible, allow us tp be approved for my permanent resident after my wife is on her employer health insurance and no longer on Alberta Health Benefits in January.
Sincerely,
THANK YOU FOR ANY HELP OR SUGGESTIONS!!!!!
