canucker

Okay, I searched the forum but found only similar posts to my specific question:

I realize that in the case of a spouse/ common-law partner, the income requirements are waived (I am applying from within Canada for my common-law partner). But there must be a minimum amount that is necessary. Also, what if a child is involved (not for sponsoring, already a citizen), does that require more? and if so, how much?

CIC call centre wasn't helpful to me. Sometimes I think it depends on who you get...

Thanks for the help.

Biiiiink

No amount is required. We also have a citizen-child, it doesn't change anything, you don't need to be earning a penny to sponsor a spouse/partner.

John Thom Don

Hi,

So just to check. If I am perm res and want to sponsor my girlfriend of 2 years is it right that I don't have to be working or put up any funds for my sponsorship to be acceptable?

Can she live in Canada while we're waiting for a decision?

If the above is yes can she work in Canada while we are waiting?

What are the sorts of things we need to be able to demonstrate to ensure her application for perm res is accepted?

What's the timescale for these apps?

Thanks

John

canucker

Does seem strange doesn't it? Obviously you aren't allowed to go on social assistance so you must have some kind of money.

As far as I know, she can live with you while you are waiting on a decision. My guy is, on a visitor visa (that we just sent in for an extension). Because he is here, we are applying from within Canada now, but apparently it takes a little longer (5 months??) than if you apply from outside. I'm not sure if she could get a work visa or not. Check the CIC site http://www.cic.gc.ca/ . If you check out the info on work visas and guides, they should explain what you need for proof that your relationship is genuine and ongoing.

jorja

In Quebec you are means tested in order to be able to sponsor a spouse, but I think as long as you're earning more than BS you're an admissable sponsor. Don't know if this applies in your case but I thought it was worth a mention.

(http://www.cic.gc.ca/english/applica...html#wp1019258)

webgirl

to continue this discussion, is it right that you can only sponsor gf/bf if you two been living together? You can't sponsor them otherwise, right? I am also in a similar situation, i am a perm rest and would like to sponor my boyfriend.

wizzard

There are three types of relationship that exist under the umbrella of spousal sponsorship, they are: Legally married, Commonlaw Marriage and Conjugal Partner.

Legally married is fairly self explanitory, if you are legally married you can sponsor your spouse and all you have to do is prove the relationship is bona fide and pass medical and security checks.

commonlaw is intended for those who satisfy CIC's definition for a commonlaw marriage. You have to have co-habited for at least 12 months in a serious relationship that is presented as such to the world. So you can't claim your room mate is your commonlaw partner just because they share a house with you etc. They want to see evidence from friends and family saying they see you as a couple and evidence of a joint life such as shared finances etc. Basically you need to show a marriage just without the legal piece of paper. This is paticularly aimed at same sex couples who can't get legally married in most circumstances and people who live as a marriage but choose not to go the legal marriage route. So in this case there is that extra burden of proof.

Conjugal is the greyest area. It is intended for a couple who have a serious relationship but a)cannot legally marry and b)cannot cohabit. The tricky bit is proving you can't marry. In some cases it appears simply stating that you don't want to get married isn't enough for some CIC officials and also if you are engaged to be married then there are some who will tell you to wait until you get married and then apply because conjugal isn't a replacement for the fiancee class. The idea is that say you meet someone who lives in a country that requires a visa to even enter Canada and you form a serious relationship for at least a year but your partner can't get a visitors visa or any other visa and so can't come and cohabit and you aren't in a position to relocate there etc. and so you need a different method to reunite the family group. Also there are people in same sex relationships who cannot marry or move to cohabit. The problem is again where to draw the line because it isn't intended for someone who just has a casual partner or new relationship that isn't very developed to get PR. the idea is for family reunification and so they need to see evidence of a reasonably long and serious relationship. This route has the most burder of proof. Also your partner has to be in a different country because if they are in the same country as you then you can cohabit and therefore you can qualify for commonlaw (eventually). So if there is any evidence your partner can live in Canada then they aren't going to go for conjugal.

On the financial side there isn't much financial qualification placed on the sponsor. All you have to do is prove you aren't on any kind of welfare program. Even if you are unemployed you should be ok as long as you can show some evidence of previous working and so forth. You just can't be on any kind of state welfare assitance. This is because as the sponsor you are financially responsible for the family member. They cannot go on any kind of welfare so you can't be in welfare as you have to pay to support them. ( if needs be). It's no big deal really for a spousal application as why would you be bringing your spouse to Canada if you didn't want to take any financial responsibilty and would throw them out on welfare if they had no money etc.
It's only spouses (and dependant children) who get the income requirement waived. If you sponsor say your parents then you have to meet a set income level based on family unit size called the Low Income Cut Off (LICO).

The family class applicant doesn't have to show any funds because they are being sponsored so their sponsor is in effect their proof of funds, unlike a skilled worker who has to be self dependant.

Drew

canucker

Okay.

But you are still asked to provide your most recent tax assessment, and income for the past 12 months. As well as, a letter from your employer stating your length of employment, salary, and how many hours per week you work.

So if financial qualification is not placed on the sponsor, then why are you required to provide all these details? There is no problem for me to provide any of these items, I was just wondering if I could be refused as a sponsor if they don't think I make enough to provide for my daughter and a common-law partner, even though he's been living with me for almost a year now (haven't sent in the application yet, obviously. I have to wait a couple more months yet).

PMM

HI

To demonstrate that you are not on public assistance.

PMM

John Thom Don

All this info has been very helpful, thanks.

Just a couple of other things. Can my partner live with me in Canada while we wait for an outcome?

Can she work in Canada while she waits?

John

jorja

If she's british she will be able to visit you for 6 months at a time after which she will have to either leave the country or apply to CIC to extend her stay as a visitor. Different rules apply for different countries as some foreign nationals have to apply for visitor's visa before flying to Canada.

http://www.cic.gc.ca/english/applications/visitor.html

She won't be able to work while in Canada waiting unless she's eligible for another type of work permit, such as BUNAC/SWAP or has a legitimate job offer form a Canadian employer... There may be other ways, I'm no expert.

(This is all provding you are not applying for inland sponsorship. Inland sponsorship requires the individual to be in the country and not working while waiting.)