Bill Pierce

I'll try to make this brief, but as with almost all immigration matters the situation
is complex.

I'm an American and my fiancée is Canadian. We very much want to live together and be
married. She has deeper roots (children, parents, career) than I do and it makes more
sense for me to move to the Toronto area to be with her.

The main problem with her sponsoring me as a fiancé or spouse is that she previously
sponsored her somewhat older (now ages 78 and 70) parents' move to Canada in 1996.
Then last year, so that they could obtain a pension and their own place to live, she
abandoned her sponsorship of them and is now considered technically in default.

I could try to obtain permanent resident status in Canada as a skilled worker. I have
a graduate degree, French language skills and a profession that falls near the high
end of the occupational points range. Unfortunately, my age (54) denies me any points
and it is unlikely I would receive the total of 80 points necessary under the new
guidelines (my score would be 75 points as I can best estimate) to be admitted.

The last possibility would be to apply for an Employment Authorization, as my
occupation is one of those covered under the NAFTA agreement. But it is my impression
that not all employers are able to obtain permission to hire people under this
category. Additionally, the authorization is temporary and renewal could be denied at
a later time.

The substance of my question is whether there is any way my fiancée might be able to
sponsor me even though she is in default of a previous sponsorship. And if not, do I
have any other options for being able to legally live and work in Canada?

I'm sure I'm not the first person to hope that "love will find a way."

Andrew Miller

Unfortunately your fiancée cannot sponsor anyone if she is in default of previous
undertaking agreement.

So, it leaves you with the only option - to apply as Independent based on your own
qualifications. More factors than just points scored in selection grid are taken
under consideration when assessing the application and processing officers have
discretionary power to approve case even if pass mark is not reached. Looks like you
should really use assistance of experienced immigration practitioner with your case.

I can't tell you what your chances may be for such without knowing all details, so
please contact me directly for free evaluation. I'm also sending this post directly
to you by email, together with assessment form.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"Bill Pierce" <[email protected]> wrote in message
news:[email protected]...
    > I'll try to make this brief, but as with almost all immigration matters the
    > situation is complex.
    >
    > I'm an American and my fiancée is Canadian. We very much want to live together and
    > be married. She has deeper roots (children, parents, career) than I do and it makes
    > more sense for me to move to the Toronto area to be with her.
    >
    > The main problem with her sponsoring me as a fiancé or spouse is that she
    > previously sponsored her somewhat older (now ages 78 and 70) parents' move to
    > Canada in 1996. Then last year, so that they could obtain a pension and their own
    > place to live, she abandoned her sponsorship of them and is now considered
    > technically in default.
    >
    > I could try to obtain permanent resident status in Canada as a skilled worker. I
    > have a graduate degree, French language skills and a profession that falls near the
    > high end of the occupational points range. Unfortunately, my age (54) denies me any
    > points and it is unlikely I would receive the total of 80 points necessary under
    > the new guidelines (my score would be 75 points as I can best estimate) to be
    > admitted.
    >
    > The last possibility would be to apply for an Employment Authorization, as my
    > occupation is one of those covered under the NAFTA agreement. But it is my
    > impression that not all employers are able to obtain permission to hire people
    > under this category. Additionally, the authorization is temporary and renewal could
    > be denied at a later time.
    >
    > The substance of my question is whether there is any way my fiancée might be able
    > to sponsor me even though she is in default of a previous sponsorship. And if not,
    > do I have any other options for being able to legally live and work in Canada?
    >
    > I'm sure I'm not the first person to hope that "love will find a way."

The Wizzard

i'm curious to know by what way did she become deault on her sponsorship?

surely her sponsorship agreement just says that if her parents have no money or
income she must support them or if they cant find a place to live she must put them
up. I could see how if that was the case and she refused to help them, then she would
be in breach. But how would them havnig their own house and a pension make her in
breach? Im sure the idea of sponsorship isnt to keep her parents in her house under
her care forever, it's there as a guarantee that shoudl they become un able to
support themselves the state wont have to do it, but the sponsor will.

Drew

--
Posted via Mailgate.ORG Server - http://www.Mailgate.ORG

Bill Pierce

I confess I don't have all of the details, but here is the situation as I understand
it. My fiancée's parents emigrated to Canada from Romania in 1996 under her
sponsorship. Because they are retired, they had no income other than a Romanian
pension which at the current exchange rate is less than $100 per month. In 1999 they
became Canadian citizens, which entitled them to financial assistance but only if
they were not supported by someone else. Therefore my fiancée was required to claim
she could no longer support them, thus entitling them to assistance but placing her
technically in default of her immigration sponsorship. The fact is that she still
helps contribute to their support but they now receive a Canadian pension as well,
which allows them to afford their own place to live.

"The Wizzard" <[email protected]> wrote in message
news:64ea66ddcc91379a8f869089a079c78...e.mailgate.org...
    >
    > i'm curious to know by what way did she become deault on her sponsorship?
    >
    > surely her sponsorship agreement just says that if her parents have no money or
    > income she must support them or if they cant find a place to live she must put them
    > up. I could see how if that was the case and she refused to help them, then she
    > would be in breach. But how would them havnig their own house and a pension make
    > her in breach? Im sure the idea of sponsorship isnt to keep her parents in her
    > house under her care forever, it's there as a guarantee that shoudl they become un
    > able to support themselves the state wont have to do it, but the sponsor will.
    >
    > Drew
    >
    >
    > --
    > Posted via Mailgate.ORG Server - http://www.Mailgate.ORG

Andrew Miller

In such case she is in default.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"Bill Pierce" <[email protected]> wrote in message
news:v7hF8.46254$UV4.7789@rwcrnsc54...
    > I confess I don't have all of the details, but here is the situation as I
    > understand it. My fiancée's parents emigrated to Canada from Romania in 1996 under
    > her sponsorship. Because they are retired, they had no income other than a Romanian
    > pension which at the current exchange rate is less than $100 per month. In 1999
    > they became Canadian citizens, which entitled them to financial assistance but only
    > if they were not supported by someone else. Therefore my fiancée was required to
    > claim she could no longer support them, thus entitling them to assistance but
    > placing her technically in default of her immigration sponsorship. The fact is that
    > she still helps contribute to their support but they now receive a Canadian pension
    > as well, which allows them to afford their own place to live.

    > "The Wizzard" <[email protected]> wrote in message
    > news:64ea66ddcc91379a8f869089a079c78...e.mailgate.org...
    > >
    > > i'm curious to know by what way did she become deault on her sponsorship?
    > >
    > > surely her sponsorship agreement just says that if her parents have no money or
    > > income she must support them or if they cant find a place to live she must put
    > > them up. I could see how if that was the case and she refused to help them, then
    > > she would be in breach. But how would them havnig their own house and a pension
    > > make her in breach? Im sure the idea of sponsorship isnt to keep her parents in
    > > her house under her care forever, it's there as a guarantee that shoudl they
    > > become un able to support themselves the state wont have to do it, but the
    > > sponsor will.
    > >
    > > Drew
    > >
    > >
    > > --
    > > Posted via Mailgate.ORG Server - http://www.Mailgate.ORG