Mutual Children while Sponsoring Spouse

[baby.love111]

I have a few questions…

1.How does having a mutual child affect the sponsorship process?

2.Does it make the process faster?

3.Does it affect PR for the sponsored person?

4.What if the sponsored person is not on the birth certificate, because they were in their country during the birth. Does that affect anything?

I will be giving birth to me and my Fiances first child soon… we have not gotten married and have not begun the process or sponsorship as of yet…

we are not rushing to get married, and have a wedding planned in his country of origin for the next year. I visit him when I can in his country.

He is currently residing in his country of origin (Dominican republic)… As am I (Canada). The baby will be born here.

5. We are going to apply for a tourist visa very soon, for him to come to bear witness the birth of our first child. With your knowledge, is that reason acceptable for a tourist visa? (or is the reason for travel less important than financial stability/ solid proof that he will return to his country… he works for the military, and will definitely definitely not be able to stay in canada for any extended period of time, he must return to his work) Basically in this situation will this visa application likely be approved? Or is that reason unacceptable.

6. (somewhat different subject) Is he allowed to work in canada while being sponsored? Or only once he has received his PR. How long will he have to wait to receive PR?

7. Can I receive child and family benefits before/during/after the sponsorship process? Or will that make me ineligible to be his sponsor.

Specifically these Canadian benefit programs:
Canada child tax benefit (CCTB)
Universal child care benefit (UCCB)
Goods and services tax/Harmonized sales tax credit (GST/HST)
Working income tax benefit (WITB)
Ontario Trillium
Ontario Child Benefit

Thank you so so so so sooooooo much for all your help and information. This website has already answered so many questions just by searching through this forum… After researching, calling help lines… These questions still remain, and I am looking forward to the response… I really appreciate it!

By the way, please feel free to ask for any clarification or information from me that might make giving me the proper answer to my questions. I am a Canadian born citizen.

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and questions with us.

Also for sharing your feedback regarding the discussion forum. We are glad that you were able to find some information related to your situation.

Regarding your first and fourth questions,

1.How does having a mutual child affect the sponsorship process?

and

4.What if the sponsored person is not on the birth certificate, because they were in their country during the birth. Does that affect anything?

It is difficult for us to provide a definitive response regarding whether or not or how this will affect your sponsorship process. However, there are several factors that CIC looks at when evaluating/establishing identity and relationship.

You mentioned that you are planning on getting married next year. There is some different information available in the CIC EOP 2 Processing Members of the Family Class Operations Manual related to factors they consider when assessing those who are applying as conjugal partners, common-law partners or spouses.

Regarding your second and third questions,

2.Does it make the process faster?
3.Does it affect PR for the sponsored person?

Unfortunately, again, it is difficult for us to provide a definitive response regarding these questions as well since each application is processed on a case by case basis.

Regarding your fifth question,

5. We are going to apply for a tourist visa very soon, for him to come to bear witness the birth of our first child. With your knowledge, is that reason acceptable for a tourist visa? (or is the reason for travel less important than financial stability/ solid proof that he will return to his country… he works for the military, and will definitely definitely not be able to stay in canada for any extended period of time, he must return to his work) Basically in this situation will this visa application likely be approved? Or is that reason unacceptable.

Unfortunately, as stated before, each application is processed on a case by case basis. There are no guarantees that they will accept his application to come to Canada as a visitor. However, as you have stated he should be able to provide sufficient proof that he will return to his country of origin.

You can find some detailed information regarding what is considered on the CIC Website in the Temporary residents: Eligibility and admissibility considerations section.

Here is an excerpt,

A person may have a dual or eventual intent to become a permanent resident, but in order to qualify for a temporary resident visa, they must demonstrate that they have the capacity and willingness to leave Canada at the end of the authorized temporary period (refer to dual intent).
*the ties to their home country are sufficiently strong to ensure that they are motivated to return home after the visit to Canada

Regarding your sixth question,

6. (somewhat different subject) Is he allowed to work in canada while being sponsored? Or only once he has received his PR. How long will he have to wait to receive PR?

If you decide to do an Application for Permanent Residence From Within Canada – Spouse or Common-Law Partner in Canada Class, at the time of Approval in Principle, he can apply for an open spousal work permit.

If it is an outside Canada application, then he will have to wait until he receives his permanent residence.

Regarding your seventh question,

7. Can I receive child and family benefits before/during/after the sponsorship process? Or will that make me ineligible to be his sponsor.

Yes, you can receive those benefits. They are not considered social assistance.

We suggest that it is best if you contact the Citizenship and Immigration Canada (CIC) Call Centre directly to confirm the information we have provided.

We also hope that others who have had a similar experience can share their information and suggestions with you.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org

[baby.love111]

thank you Anna!

I do have a few other questions.

1. when sponsoring a family member… it is not allowed to be receiving social assistance (not including child/ family benefits I listed above which are alright)… such assistance as ontario works, that is unacceptable, this I understand.

the question is. if I did receive ontario works at some point before applying to sponsor a family member, would that affect ability to sponsor?

for example, if I were receiving ontario works in the year before my application, but not receiving during the application. does this disqualify me from sponsorship eligibility?

or is it only when applying to sponsor, if i were to be receiving ontario works at that time, that would disqualify me.

2. is income geared housing considered social assistance? in ontario? if you do not have this information specifically as it differs by region or province… do you know who I can contact for this in GTA/ Peel areas in ontario?

3. once a sponsorship application is completed and approved, and the family member has come to canada and is in the process of getting their PR , I understand that they are not supposed to apply/receive social assistance for 3 years ( or the sponsor would be responsible to repay that assistance)

the question here is, can the sponsor them selves receive social assistance? in that time after the sponsorship process is completed, and the family member is living and working in canada? or are both sponsor and sponsee not allowed to take social assistance for the 3 year period (without having to repay it)

thank you again so much for all the information.

[SettlementOrgMod]

Hello,

You are welcome!

Regarding your question,

the question is. if I did receive ontario works at some point before applying to sponsor a family member, would that affect ability to sponsor?

As you know, in order to sponsor a spouse, common-law partner or conjugal partner, the sponsor does not have to meet a minimum income requirement.

The sponsor cannot be receiving social assistance or be an undeclared bankrupt.

It does not state that you have to wait a certain amount of time after stopping, instead, you cannot be receiving social assistance at the time of your application or during your sponsorship application process.

Regarding your question,

is income geared housing considered social assistance? in ontario? if you do not have this information specifically as it differs by region or province… do you know who I can contact for this in GTA/ Peel areas in ontario?

You would have to contact the ones you were interested in applying to directly in order to find out since it can vary from one municipality to another.

You can find some details and contact information in our Settlement.Org How can I apply for subsidized housing? article.

Regarding your question,

can the sponsor them selves receive social assistance? in that time after the sponsorship process is completed, and the family member is living and working in canada? or are both sponsor and sponsee not allowed to take social assistance for the 3 year period (without having to repay it)

You may want to contact the nearest Ontario Works Office directly for some information specific to this situation.

We will update you once we receive some additional information regarding this question.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org