Income and Financial Requirements -Canadian Spousal Sponsorships
As a cross-border immigration lawyer based in Windsor, Ontario, Christina Loebach helps couples who live on opposite sides of the Windsor-Detroit border reunite and live together. This blog post considers how income and financial requirements work for Canadian spousal sponsorship.
Income Requirements
In most situations, IRCC does not impose an income requirement for Canadian citizens and permanent residents who are sponsoring their spouse, partner, or dependent children. This is a marked difference between Canadian and U.S. family-based immigration, as the United States does strictly impose financial thresholds for prospective sponsorships.
Although IRCC does not require a minimum income for most sponsorships, this is not true in the following situations:
Where the Canadian citizen/permanent resident is sponsoring a dependent child that has 1 or more dependent children of their own, or
Where the Canadian citizen/permanent resident is sponsoring a spouse or partner that has a dependent child, and their dependent child has 1 or more dependent children of their own.
For situations where IRCC imposes an income requirement, the Financial Evaluation Form (IMM 1283) must be completed and submitted with the sponsorship application. The income threshold is calculated based on the size of the family unit, and is adjusted each year based on annual inflation. IRCC looks at income tax returns for the previous three years to determine whether the sponsor’s income is sufficient to meet the financial threshold. If the sponsor has another ongoing undertaking (for example, because they previously sponsored another person), that person is added to the calculation of family size.
Sponsorships in Quebec
The Province of Quebec does require applicants who intend to live in Quebec to demonstrate their financial capacity in certain circumstances:
When sponsoring a spouse, common-law partner or conjugal partner who has a dependent child who also has dependent children of their own;
When sponsoring a dependent child who has a dependent child of their own;
When sponsoring their father, mother, grandfather, or grandmother;
When sponsorship an orphaned minor child; or
When sponsoring another related person (the “Lonely Canadian” situation).
IMM 1344 - Application to Sponsor, Sponsorship Agreement and Undertaking
Although IRCC does not impose a minimum income requirement on most spousal sponsorships, it still requests information about the sponsor’s employment status and income in IMM 1344. IRCC wants to determine that the sponsor has financial stability, and that the person they are sponsoring will not become dependent on government financial support. Financial stability is demonstrated by providing the sponsor’s most recent Notice of Assessment, as well as a letter from their employer. For sponsors who are not currently working in Canada, alternative evidence must be provided to prove financial means.
This form also requires prospective sponsors to sign an undertaking with the government, whereby they promise to financially support the sponsored person and cover basic needs so they do not rely on social assistance. This undertaking cannot be revoked, even if the relationship ends.
Especially in the Windsor-Detroit area, it’s common for Canadians and Americans to fall in love and get married. Christina Loebach is licensed to practice law in both Canada and the United States, and loves working with clients who are considering sponsorship on both sides of the border. If you would like Christina to provide legal advice tailored to your situation, please schedule a consultation.