Sponsoring a spouse inland

[milantst]

My spouse initially arrived here as a live-in caregiver. I am a Canadian citizen. We met, fell in love, started to live together, and got married in October 2009. After getting the marriage certificate, we sent an application for PR - Spouse or common-law partner (inland) in late November 2009. We are now waiting for the AOR, which we expect in late May/June 2010, according to the waiting times page on the CIC site. I have an income that can support both of us. We are fairly confident that everything will go smoothly and hopeful that there will be no obstacles for her to obtain PR status.

My spouse has other work skills she would like to use, it would give her an earlier start to the Canadian work experience in her field of work. Her visa is currently only for the live-in caregiver program.

The question is,

1. Does she have to wait until first stage approval to apply for the open work permit?

2. One question that is not directly related to this topic - should I be filing a tax return together with my spouse? It would be another piece of proof if CIC were to ask. It is the only reason I am considering it. Is it possible to file a joint tax return if her work permit only allows her to have income as a caregiver? I'm leaning towards filing separately this time.

Thanks in advance

 

[RobsLuv]

The question is,

1. Does she have to wait until first stage approval to apply for the open work permit?

Yes

2. One question that is not directly related to this topic - should I be filing a tax return together with my spouse? It would be another piece of proof if CIC were to ask. It is the only reason I am considering it. Is it possible to file a joint tax return if her work permit only allows her to have income as a caregiver? I'm leaning towards filing separately this time.

Consult with a tax person about filing tax returns - CIC won't be looking for that type of information, though, to prove a genuine relationship.

 

[milantst]

RobsLuv, thanks for the info. This forum is of immense help for all of us going through this process.

 

[tofuboi]

Canada does not do "joint" tax return filing. Every person needs to file their own return. What you do need to do is indicate your martial status on the form. Even if your wife not a citizen, or a PR she is still considered a resident as long as you meet the minimum requirements set by the CRA:

They include:

-stay in Canada for 183 days or more (the 183-day rule) in the tax year;
-do not have residential ties with Canada; and
-are not considered a resident of another country under the terms of a tax treaty between Canada and that country.

-a home in Canada;
-a spouse or common-law partner (see the definition in the General Income Tax and Benefit Guide) and dependants in Canada;
-personal property in Canada, such as a car or furniture;
-social ties in Canada.

Other ties that may be relevant include:
a Canadian driver's licence;
Canadian bank accounts or credit cards;
health insurance with a Canadian province or territory.