Dear Miss Powell,
I am a Jamaican citizen and I live with a man who is a Canadian citizen, even though he was born in Jamaica. We have been living together for the past two and half years in Jamaica and we own a small business. We buy and sell household goods and small appliances. He usually goes to the USA and Canada to buy the stuff for the store, and I manage the store. I asked him if he could sponsor me, as I would like to go back to college to certify as a nurse. I see where that kind of job pays well. I have the subjects, and it has always been my dream. He said that he won’t be able to sponsor me since he hasn’t lived in Canada for over four years, and he doesn’t even pay taxes there anymore.
Is this true that he can’t sponsor me? What information could we provide them to qualify? Looking forward to your response in The Gleaner. Thank you.
JO
Dear JO,
Canadian citizens may be able to sponsor a spouse, common-law or conjugal partner, even if they are living outside of Canada, provided that both the sponsor and the applicant (person being sponsored) can provide the required information about their relationship and intentions.
SPONSOR QUALIFICATIONS
Since you have been living together for over two years, your boyfriend may be able to sponsor you as a common-law partner. The first requirement is for him to provide proof of citizenship by presenting a copy of a current passport or citizenship certificate.
Other factors that will be examined by Immigration, Refugees and Citizenship Canada (IRCC) are evidence that he is not bankrupt and not discharged, that he has not violated a court order to pay spousal or child support, or committed a crime of a violent or sexual nature, or sponsored someone before and failed to honour the sponsorship agreement. These are just some of the reasons that could disqualify him.
UNDERTAKING TO SPONSOR
The most important requirement is based on the requirement that a sponsor must sign an undertaking to the government of Canada that he will be fully responsible for you for a minimum of three years. This means that your partner must show that he plans to return to Canada to live, if you are granted permanent residence status. There must also be evidence that your sponsor has the means to support you in Canada.
Although the sponsor is not required to prove income above a particular amount, he will need to provide documents to prove that both of you will be able to take care of yourselves in Canada, and if applicable, your children’s basic needs, such as food, shelter, dental care, and other medical expenses that are not included under your provincial healthcare system.
Therefore, a Canadian citizen must clearly show that he intends to return to Canada if the application is approved and that he has the resources to be able to satisfy the undertaking to sponsor. Your partner should be prepared to provide a copy of his latest income tax returns, proof of assets in Canada, and provide a detailed explanation of plans to settle in Canada.
ELIGIBLE APPLICANT
The Canadian government classifies individuals who have been living together in a serious committed or “marriage-like” relationship for over 12 continuous months, as being in a common-law relationship. Although this relationship qualifies, you will be expected to provide evidence that your relationship with the sponsor is genuine.
Additionally, you will need to provide information about your education, family, health, criminal record, and financial situation. IRCC may even request additional proof of your means and ability to settle successfully in Canada.
A sponsorship application can be time-consuming, as you must be careful to prepare a complete application; provide explanation and documents, where necessary; prove that you both meet the requirements, especially in a case where the sponsor resides outside of Canada. I strongly recommend that you retain an experienced immigration lawyer to assist you with the preparation of the application, so that you can avoid stressful delays.
Deidre S. Powell is a Canadian immigration lawyer and notary public with office located in Ottawa, Ontario. Connect with her via www.deidrepowell.com or via Facebook, Instagram, and Twitter. Telephone/WhatsApp 613-695-8777.