I received an email from a kababayan asking if he is eligible to sponsor his wife who is in Dubai, United Arab Emirates. He currently receives disability support payments and lives in his parents’ basement. His question is if he is eligible to sponsor his wife of two years.
Let us check first the definition of sponsor eligibility as per s.133 of the Immigration, Refugees and Protection Regulations or IRPR:
133 (1) A sponsorship application shall only be approved by an officer if on the day on which the application was filed and from that day until the day a decision is made with respect to the application, there is evidence that the sponsor
(k) is not in receipt of social assistance for a reason other than disability.
Please take note of the letter k that states “ is not in receipt of social assistance for a reason other than disability.”
Since the kababayan did not provide additional information in his email let us assume that he meets all the other criteria outlined in s.133 of IRPR, he is eligible, and his disability support payments do not bar him from sponsoring his wife.
But bear in mind that financial admissibility is one of the requirements in the assessment of a permanent residence application. As per section 39 of IRPA which states as follows:
39 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 arrangement for care and support, other than those that involve social assistance, have been made.
This means that even if the sponsor meets and passes the eligibility requirement and the application moves forward, financial considerations could be examined by an officer under the applicant’s admissibility assessment. You will never know, the officer might not raise the issue. But if the officer believes that the applicant may be financially inadmissible, the officer is obliged to send a procedural fairness letter to confront the applicant with their concerns, and the applicant is afforded the opportunity to respond.
In your response to the PFL, you must explore the applicant’s ability to support herself in Canada despite the spouse/sponsor’s disability. You must provide supporting documents or evidence to support your claim. The sponsor mentioned in his email that the spouse is currently in Dubai, UAE, I can assume that she is working there, and for how long? This means that she is very employable in Canada esp. if she is able to demonstrate a good employment history. How about her education and her English language skills, it might probably be good since she has been working in Dubai, UAE for years? With all those skills, she won’t have much trouble finding employment in Canada. Do not forget to mention that the sponsor’s disability it puts him in a sensitive situation where he really needs his wife for emotional support.
If you have questions regarding the above article, you may contact Marjorie at [email protected]
Source: Immigration, Refugees and Citizenship Canada (IRCC)
A word of caution: You should not act or rely on the information provided in this column. It is not a legal advice. To ensure your interests are protected, retain, or formally seek advice from a Regulated Canadian Immigration Consultant (RCIC) in good standing of CCIC. The views expressed in this article do not necessarily reflect those of RCIC’s.
