British Expats

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-   -   UK debt in Canada (https://britishexpats.com/forum/canada-56/uk-debt-canada-304624/)

Biiiiink May 24th 2005 4:35 am

Re: UK debt in Canada
 

Originally Posted by dbd33
I'm currently sponsoring someone. According to our advisor, my income, $36,000, is sufficient so long as I have the "proof of assessment" letter from RevCan. Since I have two other dependents to declare I thought the low income would be a problem but apparently it's not a major factor.

dbd33, if it's your spouse/common-law partner you're sponsoring, there is no income requirement whatsoever. You just need to not be claiming welfare. I sponsored Mr B and put "nil" on the income form, which was actually as mistake on my part as it's a little more than nil, but there you have it, no income required. Your advisor should have been up to date on these rules, no?

Biiiiink

dbd33 May 24th 2005 4:53 am

Re: UK debt in Canada
 

Originally Posted by Biiiiink
dbd33, if it's your spouse/common-law partner you're sponsoring, there is no income requirement whatsoever. You just need to not be claiming welfare. I sponsored Mr B and put "nil" on the income form, which was actually as mistake on my part as it's a little more than nil, but there you have it, no income required. Your advisor should have been up to date on these rules, no?

Biiiiink

I assume he's up to date, he's a lawyer so I'm disinclined to trust him, but I wouldn't say he was wrong on this point.

We were talking about various methods of regularizing someone's presence, spousal sponsorship, student visa, a bunch of options were tossed around. The conversation shifted toward spousal sponsorship and I asked if the
income would be enough. He said it would be. That's an accurate answer even if zero would also be enough. It was my assumption that one needed an income to sponsor an immigrant, an assumption bolstered by there being a box for income on the form, and it was my concern that my being someone on a low income would be a problem.

Biiiiink May 24th 2005 5:13 am

Re: UK debt in Canada
 
Semantics. Sounds like he's making it out to be tougher than it is to take a fee from you no doubt. Did he suggest how to overcome the hurdle that your gf must leave the country every 6mths so technically you can't ever achieve the 12mth continuous co-habitation rule necessary for common-law sponsorship? His suggestion for that *would* be worth a fee!

dbd33 May 24th 2005 5:25 am

Re: UK debt in Canada
 

Originally Posted by Biiiiink
Semantics. Sounds like he's making it out to be tougher than it is to take a fee from you no doubt. Did he suggest how to overcome the hurdle that your gf must leave the country every 6mths so technically you can't ever achieve the 12mth continuous co-habitation rule necessary for common-law sponsorship? His suggestion for that *would* be worth a fee!

That's why we hired him. The six month thing shouldn't really be a problem, we've left the country and come back just as any other cohabiting couple might go on holiday or to visit relatives. It is unusual though so we thought it best to get someone to handle packaging the application. We'll know in six months or so how well it works out.

Biiiiink May 24th 2005 9:52 am

Re: UK debt in Canada
 

Originally Posted by dbd33
That's why we hired him. The six month thing shouldn't really be a problem, we've left the country and come back just as any other cohabiting couple might go on holiday or to visit relatives. It is unusual though so we thought it best to get someone to handle packaging the application. We'll know in six months or so how well it works out.

But you haven't just left as any other couple going on holiday - you've left to keep your gf "legal". For you it coincides with a few days break or whatever, but really it's to comply with the 6mth max stay. I'd dispute the fact that a short absence and re-entry complies with that and is "legal" but have it your way on this :p .

CIC'll need to know what her status in Canada is. If it's visitor, you can't claim 12mths continuous cohabitation. If it's resident, they'll want to know why she has no resident visa.

It may be simpler to marry her, then apply. But that's could turn out a far more expensive option in the long run than the finest lawyer's fees!!

dbd33 May 25th 2005 12:45 am

Re: UK debt in Canada
 

Originally Posted by Biiiiink
But you haven't just left as any other couple going on holiday - you've left to keep your gf "legal".

That's not so, I've never been continuously in Canada for six months and neither has anyone in my household; wife, previous cohabitants, children. There's no need to make a specific effort to leave and come back as it's rare for any of us to go three months within the country. Actually, glancing around the office, I don't think there's anyone here who has been in Canada for three continuous months in the past year, everyone goes shopping in the US, to visit their relatives in the US, to deliver their kids to school in the US, to work in the US, to the theatre, skiing, to the doctor, there are all manner of routine reasons to cross the border. As well, most people go "home" annually.


Originally Posted by Biiiiink
CIC'll need to know what her status in Canada is. If it's visitor, you can't claim 12mths continuous cohabitation. If it's resident, they'll want to know why she has no resident visa.

Yes, that looks like a contradiction, that's why we have a lawyer.


Originally Posted by Biiiiink
It may be simpler to marry her, then apply.

I can't do that unless I first get divorced, I'd like to get divorced but since the legal and accounting fees are estimated at $80,000 it actually is cheaper to pay the immigration lawyer.


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