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Senior Canadian Immigration consultant Don Cameron has pointed out the problems of the young couple with no money getting the husband into Canada.. Don's Comments are in red below.
-----Original Message-----
From: Donald Cameron [mailto:[email protected]]
Sent: Sunday, December 21, 2003 10:19 AM
To: [email protected]; David Ingram
Subject: Re: Pregnant Canadian wife wants to bring American US citizen husband to British Columbia BC from Texas -
At 08:06 AM 19/12/2003, [email protected] wrote:
My_question_is: Applicable to both US and Canada
Subject: Canadian wants to bring American husband to BC
Expert: [email protected]
Date: Wednesday December 17, 2003
Time: 10:56 PM -0800
QUESTION:
Hello,
Me and my husband just recently got married 5 months ago in Texas. I am
currently 5 months pregnant, our little girl is due in May 2004. My husband
only makes about $550 a month which isnt enough to get me sponsered or even
a visa. We are living with his mother n Step-father. We want to keep our
young, growing family together. So i was wondering how can I bring him to
Canada by driving his car across the border to BC without any hassles. My
six months end on febuary 1 so I need to act fast.
=====================================================
david ingram replies:
I am sure that my reply to you will be added to or corrected by somebody.
If he does not make enough money to sponsor you into the US (he needs about $23,000 a year for three years in a row), you have to realize that you have to make about the same amount Canadian to sponsor him into Canada if he is living outside of Canada.
If he manages to make it into Canada as a visitor, you can sponsor him into Canada without the income requirement.
While the Immigration & Refugee Protection Act provides that there is no income requirement for a Canadian to sponsor a foreign spouse there is, of course, a catch. The catch is Section 39 of the Act which states that "a foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made."
This means that if the Canadian sponsor has little or no income or assets and the foreign spouse also has little or no income or assets, the application for permanent residence of the foreign spouse will be refused under Section 39. However, if the foreign spouse has applied for permanent residence at a Canadian Visa Office outside of Canada the Canadian sponsor can appeal the refusal to the Immigration Appeal Division. On the other hand, if the foreign spouse has applied for permanent residence in the Spouse in Canada Class there is no appeal of a refusal.
What will satisfy an officer that adequate arrangements have been made is not defined in law so this becomes a subjective decision. What will satisfy one immigration officer will not necessarily satisfy another.
However, if he shows up at the border with you and the border guard asks where you live, etc., and finds out that you are married, an that he intends to live with you, the chances are slim that he will be allowed into Canada. You are not unique. Over the years I have had many couples living on opposite sides of the border because neither can get into the other country.
Do you have a job to return to?
Are you the bread winner then?
What is your education?
What is his education?
What is he working at now?
Does he have a job offer in Canada?
Do you have family who can help with a job offer?
The following is not even all of the paperwork necesaary to sponsor your husband into Canada.
You can start the process by going to:
1. http://www.cic.gc.ca/english/pdf/kits/guides/3910e.pdf
This is a guide for sponsoring a US citizen spouse into Canada.
Publication 3910E
2. http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EA.pdf
This is the application form to sponsor - form IMM-1344A
3. http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EB.pdf
This is the sponsorship agreement - Form IMM-1344B
4. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5481E.PDF
This is the Sponsorship Evaluation Form IMM-5481
5. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.PDF
This is a statutory declaration of a common-law marriage - FORM IMM-5409
6. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is the Sponsor Questionnaire - Form IMM-5540
7. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is an authority to release information - FORM IMM-5540
8. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5491E.PDF
This is a document Checklist - Form IMM-5491
9. http://www.canadapost.ca/tools/docp/CIC/bin/hpm-e.asp
This is where you order your official receipt
10. http://www.cic.gc.ca/english/pdf/kits/forms/imm0008egen.pdf
This is your actual Application for Permanent Residence - FORM IMM-0008GEN
11. http://www.cic.gc.ca/english/pdf/kits/forms/imm0008_1e.pdf
This is your Background Declaration - FORM IMM-008_1
12. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.PDF
This is your additional family information - FORM IMM-5406
13. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5490E.PDF
This is your spouse or conjugal partner questionnaire -= FORM IMM-5490
14. The Above PLUS a police report from your local police station (See the guide for details) applies to those being sponsored from the UNITED STATES. There is a separate brochure for every country. If you are reading this and are from any other country (Australia, Brunei, Austria, Venezuela, etc) goto
15 http://www.cic.gc.ca/english/applications/fc.html for other country guides.
16. http://www.cic.gc.ca/english/skilled/assess/index.html
This is the self-assessment test for an individual to determine his or her eligibility to immigrate to Canada without being sponsored by a spouse.
I know this will help you make your decision. If we can help you, remember, that is what we do for a living. In particular you should goto www.centa.com and click on and read US/Canada taxation BEFORE you come.
David Ingram of the CEN-TA REALTY Group
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 980-0321 - Fax 913-9123 [email protected]
www.centa.com www.david-ingram.com
Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included."
Be ALERT, the world needs more "lerts"
This from "ask an income tax and immigration and bankruptcy expert" from www.centa.com or www.jurock.com or www.featureweb.com. Canadian David Ingram deals daily with tax returns dealing with expatriate:
multi jurisdictional cross and trans border expatriate problems for the United States, Canada, Mexico, Great Britain, the United Kingdom, Kuwait, Dubai, Saudi Arabia, South Africa, Thailand, Indonesia, Egypt, Antarctica, Japan, China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, American and Canadian and Mexican and any of the 43 states with state tax returns, etc.
Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico,New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon. Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec City, New Brunswick, Prince Edward Island, Nova Scotia, Newfoundland, Yukon and Northwest and Nunavit Territories, Mount Vernon, Eumenclaw, Coos Bay and Dallas Taxman and Tax Guru Your name has been added to our email list because of an enquiry we have received, we may not answer your question but
another similar question will be as we lump them.
You may find more answers at www.centa.com
David Ingram of the CEN-TA REALTY Group
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 980-0321 - Fax 913-9123 [email protected]
www.centa.com www.david-ingram.com
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David,
Your inquirer has not raised the matter of her coverage under the B.C. Medical Services plan. If she is not now covered by it she will not have coverage until the first day of the third month following her arrival in B.C.
Regards,
Don
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