By Attorney Henry Moyal
CANADIAN CITIZENS DO NOT NEED TO RESIDE IN CANADA TO SPONSOR SPOUSES
Q. I am a Canadian Citizen. I went to visit my sister in New York two years ago and ran into an old school friend. We started to date and we got married over one year ago. I want to sponsor him to Canada but I do not have a high income. The reason my income is low is because I recently graduated from school and I am mostly living in the USA to be with my husband. I am afraid that if I sponsor my husband the case will be refused if they know that I am not in Canada all the time and I do not have a stable job.
A. While you are correct in your assumption that sponsors must reside in Canada to be eligible to sponsor family class members, there is an exception to the rule. The only exception available is actually your exact case. Canadian citizens who sponsor their spouses do not need to reside in Canada. They can sponsor their spouse on the condition that they intend to return to Canada when the spouse becomes an immigrant.
Secondly, the minimum income level required to sponsor family class members is not required when a person sponsors a spouse. In general , for a family unit of two the minimum income level of about $25,000 is required. You are not required to earn that amount.
Given the above, you have the green light to proceed and file a sponsorship application.
Q. My husband is over 60 years old and we have unfortunately been informed that he has renal kidney failure and may need an operation. My spousal sponsorship application is in process at the Canadian Consulate in New York, USA and he has been issued a medical examination form. What will happen to the application when they discover his medical condition?
A. While I am not a medical practitioner, I cannot comment on the severity of his medical condition or what treatment is available. However, as an immigration attorney I can tell you that under the new regulations your immigration application cannot be refused due to his medical condition. In order for Canada Immigration to refuse an applicant on medical grounds, the applicant must be either medically inadmissible because the condition is a threat to others (communicable disease) or the condition is one that would cause excessive demand on Canada’s health services. Under the new rules, a spouse cannot be refused on the latter ground.
Q. My sister in the Philippines graduated from university in commerce and has worked in the hotel industry for ten years. I would like to have her come to Canada as a live in caregiver to care for my two children. If immigration does not approve me my neighbor is willing to step in and be the sponsor. We do not care about the timing or fees, we just want her to come to Canada to work as soon as possible.
A. Do not open your check book just yet. Whether you have one or ten potential employers in Canada it seems that your sister is not qualified. In order for her to obtain a work permit under the live in caregiver program she must:
1. Obtain an approved job offer from a Canadian employer (that is where you come into play)
2. Strong command of English
3. At least 12 years of education
4. Either six months training certificate as a caregiver or at least one year of paid experience as a caregiver in the last three years.
Attorney Henry Moyal is a certified and licensed Immigration Lawyer in Toronto, Ontario. The above article is general advice only and not intended to act as a legal document. Send questions in confidence to Balita or to Attorney Moyal by fax, mail or email canada@moyal.com
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