Road To Canada Forums

Hello all,

hope your all well?!

My Boyfriend has just thrown a curve ball, and now wants us to get married, so I am now looking at the sponsorship side of immigration (sigh).

I want to make sure I am understanding the Income Requirements on the CIC guide to sponsorship correctly.

Our situation - Canadian Boyfriend (soon to be husband) would be sponsor, he has one daughter who lives with her mother and pays child support for her.
There me and my 4 year old daughter who lives in Scotland.

Am I right in thinking that the income requirements for to meet basic family needs of own family would just be him (1) $20,584 or because he has a daughter (not living with him) would be (2) $27,787? plus $20,230 1 adult over 18 and 1 child under 18, totalling over $40,000?

Or would I not count and just my daughter as I will be the spouse?

Any help would be great

take care..

http://www.cic.gc.ca/english/information...900E10.asp

Would make it easier if I put the link to the info I'm talking about...lol

Hiya

If you are married then there is no minimum income requirements as your (soon to be) husband will sponsor you and your daughter as family class (spousal and dependant).

They will require confirmation from the child support department (FRO) that your husband is not in arrears (I know this for a fact as we had to provide it) so I would suggest when you send in your application you supply a copy. (You can ask FRO for a statement of account).

You will also need to supply them with a consent letter from your daughter's father agreeing to her emigrating (they are very specific on that).

Why the sigh? It's a wonderful opportunity for a new life for you all :)

Congratulations on your engagement!

Hope that helps :)

I have just seen your post - is your boyfriend in Quebec? If so it would appear that there is a requirement, sigh.....

Thanks for replying Siouxie

He's not in Quebec, he lives in New Brunswick.

I must of read something different, maybe I accidentally clicked on something for Quebec...so much info to read, and just realised the table is for Quebec, which makes me feel better now and a little silly...lol

The sigh is because, we have been trying to find all different kinds of ways to be together without marriage for 2 years...lol....now he wants to get married, which would have probably made things easier a year ago....anyway...

FRO = he is suppose to pay her $$ which was decided by the court, but his ex and him have come to an arrangement where he pays for certain things and no money is handed over to anyone....how would he prove that? would he need a letter from her?

Thank you

I will probably be posting a lot more on this topic as time goes by :)

You are most welcome :)

As to FRO and the private arrangement between him and his ex ... in the words of the immortal Robot.... "Danger! Danger!!"

Court ordered child support has to be paid through FRO.

If they haven't both signed a document stating that they withdraw from FRO then FRO will almost certainly have a record.

If he has been paying for other things rather than actual specific amounts each month through FRO he may be showing as being in arrears. FRO do not take into consideration "Private agreements" they only go on what the court has ordered and the payments that go through their office UNLESS they have a signed document from both parties withdrawing from FRO.

Having had 2 friends who have fallen foul of this, unless they have signed and registered an agreement withdrawing from FRO involvement, I strongly suggest you ask FRO for a statement and see what it says. I would also suggest that once he has the statement from FRO he stops paying her for certain things and starts making the court ordered payments (through FRO) as soon as possible.

http://www.mcss.gov.on.ca/en/mcss/progra...ayors.aspx
Information for Support Payors

When do I start paying support?

At the same time the court makes a support order or agreement, it sets out the amount of support payments and when they are to be paid. You must start paying support on the date given in the court order or agreement. If no date was specified, the first payment is due on the same day the court order was made.

When the court makes a support order, it also makes a Support Deduction Order that gives the Family Responsibility Office (FRO) the right to send a Support Deduction Notice to your employer or other regular income sources. Your employer or other regular income source will then deduct the amount of support that you owe from your wages or other income. Both orders are sent to the FRO so we can begin working on the case.
It can take time before the FRO receives the information it needs to process the support payments. During that period, you are still responsible for making any support payments owing.

What we do

Under the authority of the Family Responsibility and Support Arrears Enforcement Act, 1996 we work to make sure that support payments flow from the person who pays the support (the payor) to the person who receives it (the recipient).
We do this by enforcing:

• support orders made by the Ontario courts, and
• domestic contracts that are filed with the courts.

We can also enforce support orders issued in another province, state or country with which we have an agreement to enforce each other's support orders. (These are called reciprocating agreements.)
If support payments are not made, we have the legal authority to take enforcement action.
We only enforce those parts of an order or agreement dealing with support and extraordinary expenses.

http://www.mcss.gov.on.ca/en/mcss/progra...nsibility/

If he is in arrears he will not be able to sponsor you until he has made arrangements to pay the debt.

I would suggest you have a chat with him!

:)

Whether it be through FRO or not . . . child support is only an issue to eligibility for sponsorship if he is in default of an order to pay. Here's what the CIC spousal application sponsorship manual says about that and about minimum income requirements.

Who can sponsor?

You may be eligible to sponsor if:

• you have an income that is at least equal to the minimum necessary income, the amount of which is published yearly by the Canadian government.

[INDENT]This condition does not apply if you are sponsoring only [/INDENT]

• • your spouse, common-law or conjugal partner who has no dependent children, or
  • your spouse, common-law or conjugal partner whose dependent children have no children of their own, or
  • your dependent child who has no children of his or her own.

Who cannot sponsor?

You are not eligible to sponsor if you are in default of a previous sponsorship undertaking, of an immigration loan, of court ordered support payment obligations or of a performance bond (an amount you agreed to pay as a guarantee of performance of an obligation under the immigration legislation);[INDENT]Default of any court ordered support payment obligations means you were ordered by a court to make support payments to your spouse, common-law partner or child and have neglected to do so.
[/INDENT]There is a sponsor's manual and an applicant's manual that are included with the application package - very important information in both of them that should be read through before you start pulling together your application, and referred to (as well as the info in the document checklists) right up until you are ready to submit the application.

Also - on another note: I hope you will not be misled into thinking that the best way or only way to apply is via the inland application route. From what you've said about "finding ways to stay together" for the past two years without having actually applied for permanent status yet (which you should have done as soon as you qualified as common-law partners after a year of living together), it's possible you're not in Canada with the type of status that will make an inland application process smoothly. You can still apply via the outland application process, even though you're in Canada. You'll have some questions about residential addresses and mailing addresses, etc., as you get into the paperwork, but we can help with that. The bottom line is that London (where your ap would be processed) is finalizing outland spousal/common-law PR aps in 2-8 months . . . Canada is processing inland spousal PR aps in 12-18 months, plus you lose you right to appeal a refusal if you apply inland.

Just make sure you provide good documentation of the development of your "genuine relationship" so that you avoid having to attend an interview in London during processing.

Thank you both.

Never would have even considered the fact him not actually paying to FRO would be an issue...which now might be a big issue for us, which is going to stress him right out. But I am going to look into it further.

I'm actually back in Scotland right now, so the best option for us would be outland process which will allow me to work and save up some cash.

My other concerns are my daughters father not giving us permission, however its not as simple as that....would I require his permission if he does not reside in the UK?

Also, if we get married in Scotland and he goes back to Canada, I not sure what the financial implications of us being married would have on us. For example, Child Tax Credit here, or his Tax's in Canada...we would be married, but also separated.

Thanks again:)

Is FRO just for Ontario?

Under the authority of the Family Responsibility and Support Arrears Enforcement Act, 1996 we work to make sure that support payments flow from the person who pays the support (the payor) to the person who receives it (the recipient).

We do this by enforcing:

support orders made by the Ontario courts, and
domestic contracts that are filed with the courts.
We can also enforce support orders issued in another province, state or country with which we have an agreement to enforce each other's support orders. (These are called reciprocating agreements.)

FRO


But I just spoke to him and he said that he had to sign an agreement at court saying he would pay his ex directly...so all ok.

Where the child's other parent resides will not affect the obligation to have the other parent's permission to immigrate with the child. The other parent does not have to be reasonable about this. Unfortunately.

If the other parent is unavailable, location unknown sort of thing, there probably is a process allowing for proceeding without explicit permission, but you would need to research this . . . it may be dependent on getting a court order in the courts having jurisdiction over the child to the effect of terminating the absent parent's rights or something to such effect. Probably not an easy to obtain process.

scottish_maple Wrote:Is FRO just for Ontario?


FRO


But I just spoke to him and he said that he had to sign an agreement at court saying he would pay his ex directly...so all ok.

My mistake, sorry!

For New Brunswick the office is called [FONT=Arial, Helvetica, sans-serif]The Family Support Orders Service [/FONT]

• it is made under the Divorce Act and states a specific amount of support to be paid to the Family Court;
• it is made under the Divorce Act and the Beneficiary or the Payor chooses to use the FSOS;
• the Beneficiary has a valid support order or agreement from a Canadian Court, or from a designated American state or other country. If the Beneficiary lives in New Brunswick he or she can opt into the FSOS program by filing a Notice to File a Support Order Form. Please check with us if you have any questions about a support order made outside of New Brunswick.

Siouxie Wrote:[/LIST]

My only concern is that Immigration Canada will want to receive confirmation that he is not in arrears for child support but without a government agency involved he will presumably have to rely on his ex-wife writing a letter of confirmation.

I will do some research :)

Thank you...I had the same thought, and if we have to rely on her cooperation...then we are screwed..as she hates my guts and would do anything to stop us being together. I'm wondering if a copy of the agreement to pay directly would be enough for CIC

dpenabill Wrote:Where the child's other parent resides will not affect the obligation to have the other parent's permission to immigrate with the child. The other parent does not have to be reasonable about this. Unfortunately.

If the other parent is unavailable, location unknown sort of thing, there probably is a process allowing for proceeding without explicit permission, but you would need to research this . . . it may be dependent on getting a court order in the courts having jurisdiction over the child to the effect of terminating the absent parent's rights or something to such effect. Probably not an easy to obtain process.

Do you know what CIC's reasoning for this is? Just wanting to understand what it is they are looking for?

I will go to court if I have to..but rather not.

Just annoys me really, how a father who pays nothing towards his daughter and is not physically present in our residing country can have such an influence over this process.