Spousal Sponsorship w/ dependents? (HELP!)

[Baywriter]

I am sooooo confused about this whole process. I'm a US Citizen and my husband is a Canadian Citizen by birth. We've been in love for a long time and finally decided we were tired of being without each other, so we got married. I know that my husband does not have to meet income requirement to sponsor just me. However, I have a son from a previous relationship. The father has agreed to give me full custody and we are going through that process, so that's not really an issue. But my husband doesn't meet the income requirements to sponsor my son (he was in the process of starting a business this past year), and I have no idea how to apply for myself and my son. My husband and I are also currently expecting a baby that will be born here in Canada. Really bad time to get pregnant, but we're handling as best we can.

So is there any other way I can apply for my son? I know it's going to be an extremely long process, but we really want to start our lives here and we don't want our family to have to be split up for any reason. All of this immigration stuff is new to me. I was never planning on immigrating anywhere, at least not until I met my husband. Any advice would be very helpful.

 

[computergeek]

There is no income requirement. Your husband must simply be able to convince CIC that he has the financial ability to provide for you and your dependent. Except for Quebec (which has separate rules) there is no numeric limit.

If your status in Canada is a visitor, it is worth noting that some provinces will extend health benefits to spouses awaiting PR - I know that is the case here in BC, but the rules do vary by province.

Good luck!

 

[Baywriter]

Well, he's my son, not my husband's, so he doesn't qualify as HIS dependent child. He's my dependent listed on our application, so my husband has to complete a financial evaluation form that does include a minimum income requirement instead of simply filling out the sponsorship evaluation. At least that's what I understand going through the application package and CIC's website.

 

[fhj1203]

Well, he's my son, not my husband's, so he doesn't qualify as HIS dependent child. He's my dependent listed on our application, so my husband has to complete a financial evaluation form that does include a minimum income requirement instead of simply filling out the sponsorship evaluation. At least that's what I understand going through the application package and CIC's website.

when my husband started the sponsorship for me and my daughter,he didn't complete any financial evaluation eventhough she's my dependant daughter not him but we're married already so by law she's his step daughter..I don't know if yours is different to that case.

 

[computergeek]

Well, he's my son, not my husband's, so he doesn't qualify as HIS dependent child. He's my dependent listed on our application, so my husband has to complete a financial evaluation form that does include a minimum income requirement instead of simply filling out the sponsorship evaluation. At least that's what I understand going through the application package and CIC's website.

This is not my interpretation of what it says:

In order to sponsor, you must…

be 18 years of age or older,
be a Canadian citizen, Registered Indian or permanent resident,
be sponsoring a member of the family Class,
live in Canada or provide evidence , if you are a Canadian citizen living outside of Canada, that you will live exclusively in Canada once the person you are sponsoring becomes a permanent resident.
sign an agreement with your spouse or common-law partner confirming that each of you understands your obligations and responsibilities,
sign an undertaking promising to provide for your spouse or common-law partner’s basic requirements and, if applicable, those of his or her dependent children,
prove that you have sufficient income to provide basic requirements for your spouse or common-law partner’s dependent children. To do this, you must provide documents showing your financial resources for the past 12 months. This requirement applies only when dependent children who have dependent children of their own are included on the application.

Note that the income requirement for partner only applies if the dependent children have dependent children. So, unless your child has children, there is no numeric income requirement.

Source: http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

 

[Baywriter]

Maybe I read something wrong somewhere down the line, but hey, that would excellent!

 

[computergeek]

This issue has been discussed quite a bit on this forum and there's never been a numeric limit (outside Quebec) for spousal sponsorship, including dependent children. That doesn't mean CIC doesn't evaluate the sponsor, because they do. Usually the issue that people have is children not accompanying them and the requirement they still have medical examinations done.

You will need to have a notarized statement from your ex agreeing to allow your child to come to Canada with you (essentially, this prevents kidnapping by immigration, something CIC really does frown on.) And while I'm not sure it applies, note that the US and Canada have strong mutual enforcement agreements with respect to child support.

 

[Azsereth]

My interpretation is the same as computergeek's - you don't need to worry about the financial requirement unless your child has children of their own. I think the sponsor may still be asked for information regarding their income, but it's because they want to make sure that they will not need government assistance. And as government employees, I think they should understand that families can survive off of very little

 

[Baywriter]

Thanks everyone. That really helps a lot. My hubs has been supporting us in Canada for the last six months without government assistance or anything, so I hope that he should be able to sponsor us without any issues (was just granted another six month stay by immigration, so he'll continue to support us in the coming months). My son is the only child I have (he's only two), and his father has been very understanding of our situation and plans on moving to Canada himself eventually. He has agreed to give me full custody of our son for multiple reasons, but for the time being has given me notarized letters for all of my visits here, so I'm sure he will give me another one if needed for the immigration process.