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Shyramos18 Posts: 3
Posted On: 2/4/2020
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I gave birth here in alberta canada but the father of my child is not written on his birth certificate. Now im planning to go back home to get married to the father of my child . After the wedding im planning to apply for spousal sponsorship but as of now i dont have a job because no one will take care of my baby is it possible to sponsor him even without a job ?
Is it possible to attached an explanation letter that i want to sponsor my husband but i dont work because my baby needs me ? And i want my husband to be here to help me take care the child so we can work together even he's not written on my child birth certificate ?
Hoping to hear you soon thank you
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Moderator Moderator Posts: 4142
Posted On: 2/14/2020
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate your curiosity about your particular situation.
We have received some information from one of our legal researchers. We hope you find their information useful:
“Since you didn’t mention your citizenship status, we will assume you are either a Canadian citizen or a permanent resident of Canada, and primarily live in Canada for the purpose of providing this response. Base on this assumption, we will break down your question into smaller components and answer each component.
Please note that the sponsorship program is not available to you if you are neither a Canadian citizen nor a permanent resident of Canada.
Financial Requirement in Sponsoring your Spouse
In most cases, there is no minimum income requirement to sponsor your spouse. Not having a job does not prevent you from sponsoring your spouse. The most relevant requirement relating to one’s income is that you should not be receiving social assistance at the time of application (disability benefits and unemployment insurance don’t count).
You can find further details and exceptions here “Sponsor your spouse, partner or child: check if you’re eligible”
Attaching a Letter of Explanation
Since there is no minimum income requirement to sponsor your spouse, the biggest reason for attaching an explanatory letter is no longer relevant. If you still want to attach a letter to explain your situation, you should consult an immigration lawyer first to ensure that appropriate details are being provided and not inadvertently harming your case.
There are also spaces in the Spousal Sponsorship PR application form (e.g., form IMM5532E part 11) where you can explain the relationships between you, your (future) spouse, and your child if needed, which may be helpful to include to provide context and answer some anticipated follow-up questions.
Father’s Name not on the Birth Certificate
The fact that your baby’s father’s name is not on the birth certificate does not impact your ability to sponsor his PR. However, it does strengthen your application if you and your spouse have a child together.
The father’s name can be added to the baby’s birth certificate. This is done by filing an amendment application to the applicable authority. Since your child was born in Alberta, we assume the birth certificate was issued by the province of Alberta. If this is the case, you need to contact Service Alberta and complete a Request to Amend an Alberta Vital Statistics Registration form if you wish to add your baby’s father’s name to the birth certificate. You can find the form and more information on Service Alberta’s website on “Correct a birth, marriage, death or stillbirth record” .”
Please keep in mind this is only legal information, it is not legal advice. If you want or need legal advice you will need to contact a reputable lawyer or the nearest Community Legal Clinic regarding your situation.
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.
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Theresa
Settlement.Org Team,
Certified Community Resource Specialist (CCRS)
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Shyramos18 Posts: 3
Posted On: 2/21/2020
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Thank you so much for the wonderful advices godbless it helped me a lot
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dreyeswat Posts: 1
Posted On: 2/27/2020
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I'm currently living here in the US with a permanent residence status, greencard. Is it possible for me to sponsor my husband while currently living here in the US? He is an American Citizen.
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Moderator Moderator Posts: 4142
Posted On: 2/28/2020
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Hello There,
Thank you for sharing your situation and question with us.
According to the Sponsor your spouse, common-law partner, conjugal partner or dependent child – Complete Guide (IMM 5289):
You can become a sponsor if you are:
- at least 18 years old
- a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident,
- living in Canada:
- if you’re a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident.
- You can’t sponsor someone if you’re a permanent resident living outside of Canada.
- able to prove that you are not receiving social assistance for reasons other than a disability, and;
You must also be able to show that you can provide basic needs for:
- yourself,
- your spouse or partner,
- your spouse or partner’s dependent child(ren) (if applicable)
- your dependent child(ren) (if you’re sponsoring only your dependent child).
If you are a permanent resident living outside of Canada, you may not be eligible to sponsor your husband.
If you are a Canadian Citizen living outside of Canada, you must demonstrate that you plan on living with your sponsored spouse in Canada.
You may also be looking for more information on Sponsorship and find Settlement.Org article How do I sponsor a spouse, common-law or conjugal partner, or dependent child living outside of Canada? helpful.
If you have any additional questions, please feel free to post them here.
We hope this information is helpful.
Settlement.Org Team
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Sadam k Posts: 1
Posted On: 3/2/2020
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I got married last year and I stayed with my husband for a month as It was a love marriage we faced a lot of problems until we got married but now the government of Canada is making us stay alone, My husband is in Afghanistan and I am in Canada it has been nearly 5 months since I came back from Afghanistan,the government and the lawyers are just asking me thousands of questions and the don’t care that I am suffering and I am depressed , Why is it too difficult to sponsor a spouse it should take a month , why are they making us stay away from our loved ones? This is such a cruelty, I wish there was a way for us to stay together, If I was a president or a king I would never separate spouses and families , I wish they change this rule and make it easier 😔
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Moderator Moderator Posts: 4142
Posted On: 3/9/2020
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Hello There,
Thank you for reaching out to us. I’m sorry to hear how this separation has been affecting you. It sounds like you’re making strides in taking the necessary steps to reunite with your husband. Being separated from your loved one can be a difficult time, and we hope to provide you with helpful information that will connect you with some community resources you may be looking for.
It's important to have a full and complete application to sponsor a spouse so the process goes as smoothly as possible. You can find more information here https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=352&top=14
If you feel strongly about the family reunification process and timeline you can contact your local MP https://www.ourcommons.ca/members/en/search to discuss how you can help other families in your situation.
You made a very brave first step by reaching out to us, and it is important that you continue to reach out for support when you feel this way. You may want to contact 211 and speak to a Community Resource Navigator, they may be able to refer you to community support and mental health services in your area.
211 Ontario is a free, confidential service. Their phone service is available 24 hours a day, 365 days a year. Here is a link to their live chat if you prefer to communicate online. Their live chat service is available Monday to Friday from 7am-9pm ET.
Here are some resources from the Settlement.Org article, Where can I get help with my mental health?:
Find a Mental Health Professional
- Mental Health Helpline - This free, confidential phone line is available 24 hours a day, 7 days a week. They provide information about mental health services in Ontario. Information is available in over 170 languages. Information by email or web chat is also available.
- Canadian Mental Health Association (CMHA) - CMHA offers many different kinds of mental health services. You can find a local branch by searching by province or postal code.
There are more options listed in the article, feel free to browse for information. 211 will be able to help tailor your options to your location and specific needs. Be sure to let the operator know what kind of support/services you are looking for and your location. (neighbourhood, postal code, or city).
We hope this information is helpful. If you have any additional questions, please feel free to post them here. Take care, and let us know if you are looking for more information and/or support.
Sincerely,
Settlement.Org Team
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