Inland sponsorship and open work permit

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dragonica42

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Inland sponsorship and open work permit
« on: November 18, 2016, 05:35:32 PM »
Hi Riley,

Although I have already gathered a good amount of useful information pertinent to my question from other posts on this awesome forum, I still have a few more questions to which I would very much appreciate your answer. Let me first give you the background story.

I'm a Canadian citizen married to a German, we got married in Canada in 2009 and we have been living in Germany since 2010. We are considering moving back to Canada in the next couple of years. Before moving to Germany, I lived in Montreal, but if/when we move back, we would like to settle in Ottawa. We also have a 4-year old daughter, who has a dual citizenship. Since we would like to move back to Canada together, I am interested to get as much information about inland sponsorship as I can. Having read all the posts here related to this issue, it is clear that this would be possible. However, my worry is the fact that I don't have a job there, and that our application might be refused on the grounds that I, as a sponsor, cannot prove that I am able to support our family. If we make this move, we would like to start the application process for his PR as soon as possible, but I don't know if we could actually do that unless i have a job. Of course, I would start a job search immediately, but that may take a while. Would you be able to tell me more about the financial requirements that I, as a sponsor, must satisfy? Is our financial situation assessed by looking only at the sponsor or us as a couple?

The good news is that my husband's boss is willing to let him work long distance from Canada. This means that we would have a good source of income from the start, but I don't know how to sort out the work permit situation. If we move, he will need to start working relatively fast, which means that his boss wouldn't be able to wait for months so that my husband can obtain the permit first. At the same time, if he starts working immediately upon arrival without the permit, I'm afraid that by doing that he would ruin his chance of getting his PR. Would you happen to have any ideas as to how we could go about the work permit issue?

Thank you so much for your time and patience!
J.

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Riley Haas

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Re: Inland sponsorship and open work permit
« Reply #1 on: December 05, 2016, 04:43:28 PM »
Hi Jelena,
I apologize for missing your post. I don't know how that happened.

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However, my worry is the fact that I don't have a job there, and that our application might be refused on the grounds that I, as a sponsor, cannot prove that I am able to support our family. If we make this move, we would like to start the application process for his PR as soon as possible, but I don't know if we could actually do that unless i have a job. Of course, I would start a job search immediately, but that may take a while. Would you be able to tell me more about the financial requirements that I, as a sponsor, must satisfy? Is our financial situation assessed by looking only at the sponsor or us as a couple?

There is no requirement to have a job and there is no official income requirement. https://www.immigroup.com/news/income-requirement-canadian-spousal-and-other-family-sponsorship-applications Instead, it's at the officer's discretion. So, if you can demonstrate that you have lots of savings, maybe they don't care that you don't have a job. But this is completely at the discretion of the officer and I, as the webmaster, cannot say whether or not this is a bad idea because I have never submitted an application myself.
It is the sponsor who is assessed financially as you are expected to provide for your spouse but if you have joint finances, maybe this will be okay.

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The good news is that my husband's boss is willing to let him work long distance from Canada. This means that we would have a good source of income from the start, but I don't know how to sort out the work permit situation. If we move, he will need to start working relatively fast, which means that his boss wouldn't be able to wait for months so that my husband can obtain the permit first. At the same time, if he starts working immediately upon arrival without the permit, I'm afraid that by doing that he would ruin his chance of getting his PR. Would you happen to have any ideas as to how we could go about the work permit issue?

This is definitely a problem. The open work permit for a sponsored spouse takes forever now (I'm hearing a year at the moment) so that is not an option. And getting a normal work permit doesn't work because the employer is German. How old is your husband? If he is under 36 years of age, I may have a solution for you: http://www.cic.gc.ca/english/work/iec/eligibility.asp?country=de&cat=wh If your husband is eligible, he could get an open work permit. However, the work permit may still specify a Canadian employer, which wouldn't solve the problem. One of our consultants originally came to Canada through IEC and is an expert, so he would be good to talk to about this (if your husband qualifies).

I hope this is helpful and, again, I'm sorry I missed your post. If it happens again please PM me after a couple days.

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dragonica42

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Re: Inland sponsorship and open work permit
« Reply #2 on: December 05, 2016, 06:29:07 PM »
No worries, Riley! I'm glad you answered, although I was hoping that your answer would be a bit more optimistic :(( Just to be clear - as a Canadian citizen who is not required to have a minimum income in order to sponsor a spouse, does that mean that my husband's application will be approved in the end? You mentioned an officer's discretion a few times, so I was wondering if he or she may decide against it regardless.

Should I also conclude that it would be completely inadvisable for my husband to just show up, apply for the permit and keep working long distance? I looked up the link you sent, but unfortunately he is 42 and thus not eligible for the program. What if he opened a Canadian subsidiary of the company he works for, even if it is only a one-man show? I apologize for asking potentially stupid questions, but I'm grasping at straws here :((

Thank you very much for the link and your honesty :)))

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Riley Haas

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Re: Inland sponsorship and open work permit
« Reply #3 on: December 06, 2016, 10:05:28 AM »
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Just to be clear - as a Canadian citizen who is not required to have a minimum income in order to sponsor a spouse, does that mean that my husband's application will be approved in the end?

Applications can be refused for any number of reasons. The main reason is usually that the office suspects "marriage fraud" but that isn't a concern in your case given your long relationship and your child. The real concern here is money and this is something that the general public has no access to - it's not public knowledge what officers consider "not enough" money. However, a consultant or a lawyer who has submitted successful applications might be able to give you a better answer.

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What if he opened a Canadian subsidiary of the company he works for, even if it is only a one-man show?

My understanding is that new businesses for immigration purposes need to create new Canadian jobs. However, if the purpose is to expand the business, and it's not officially for immigration purposes, then I think that's a whole different story. I'm sorry to say it's completely out of my wheelhouse and I have no idea whether or not that would fly. It's worth looking into more, though, I think.

Sorry I can't be more helpful.

 

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