Sponsorship of your foreign spouse into Canada while you are student or on disability benefits.

June 10, 2014 · 10:52 pmImmigration
Sponsorship of your foreign spouse into Canada while you are student or on disability benefits.

It is common misunderstanding that Canadians cannot sponsor their foreign spouses (wives, husbands and common-law partners) into Canada, if they don’t make any income. It is not true unless you are on a welfare assistance. Recipients of disability benefits are eligible to sponsor their loved ones (spouses) into Canada. The same applies to students. The government of Canada cannot deprive disabled people and students from their rights to have their wives and husbands here, in Canada, as permanent residents. It is not a disabled person’s fault that they have medical conditions preventing them from working and therefore not contributing into our economy.

It is important however to understand that, on the other hand, our immigration law, the Immigration and Refugee Protection Act, is clear on prohibiting entry to Canada for those permanent resident status seekers who are unable to establish that they could support themselves financially. The applicant (a Canadian spouse) may be rejected if the facts of their case lead to infer that they will not be financially sustainable. At this point, everything that proves otherwise must be brought to the attention of the examining immigration officer. It is the applicant’s burden to satisfy an immigration official that he/she will survive financially, if granted entry to Canada as a permanent resident.

What proof is appropriate to provide at this point? Well, if you possess a diploma or certificate and demonstrate that you can find job in Canada, it will be useful to present the relevant documents to the attention of an immigration official (we call them “case officers”). Or, the fact that you have been working in your country prior coming to Canada may be a sufficient proof of your ability to also work in Canada. If, for example, both, the Sponsor and the Applicant are students at the time of bringing an application to sponsor and the application for a permanent residence in Canada, then I, as counsel, would recommend to turn to parents for support. Parents’ Affidavits or Statutory Declarations stating the fact that they are ready to help young couple financially until the time of completion of their studies would be satisfactory.

 

Can I sponsor my spouse while a student or on disability benefits?

Yes. Unlike sponsoring parents or grandparents, spousal and partner sponsorship has no minimum income requirement. Being a student or receiving disability benefits does not, by itself, disqualify you — the disability exception to the social-assistance rule specifically allows it.

Sponsor situationCan you sponsor a spouse?
Full-time studentYes — no income requirement applies
Receiving disability benefitsYes — disability is an exception
On other social assistanceGenerally not, apart from disability

What you must still satisfy as a sponsor

No income test does not mean no requirements. You must be a Canadian citizen or permanent resident aged eighteen or over, living in Canada or — if a citizen — able to show you will return when your partner lands. You must not be in default on a previous undertaking or an immigration loan, not be receiving social assistance other than for disability, not be in prison, and not have been convicted of certain offences against a family member. And you sign a three-year undertaking to provide for your partner's basic needs, which survives even if the relationship ends.

The evidence that decides these applications

Because there is no income threshold, everything turns on whether the relationship is genuine. Officers look for a documented shared life over time: joint accounts and bills, a shared address, communication history, photographs across the whole relationship rather than one occasion, travel together, and statements from people who know you both. Thin or inconsistent evidence is the leading cause of refusal — and an omission or overstatement here can be treated as misrepresentation, which carries a five-year bar.

The key is still proving a genuine relationship. Karb Law's legal team assists with the spousal sponsorship application, and Angelina Shuster represents you on an appeal to the Immigration Appeal Division if it is refused. See all practice areas or request a free assessment.

FAQ

Frequently asked questions

Is there an income requirement to sponsor a spouse in Canada?

No. Sponsoring a spouse, common-law, or conjugal partner does not have a minimum necessary income requirement, unlike sponsoring parents or grandparents. The focus is on proving the relationship is genuine and that the sponsor is otherwise eligible.

Can I sponsor my spouse if I receive social assistance?

Generally, receiving social assistance makes a sponsor ineligible — but there is a specific exception for social assistance received because of a disability. Being a student is not a barrier either, since no income threshold applies to spousal sponsorship.

Official resources

External links are provided for general information only and are not legal advice.

Angelina Shuster — Licensed Paralegal, Karb Law
Written by

Angelina Shuster

Licensed Paralegal · Law Society of Ontario

Angelina Shuster is a paralegal licensed by the Law Society of Ontario with 25 years of experience in Canada. Based at Karb Law’s office in Richmond Hill, she represents clients across Ontario and in immigration matters throughout Canada, and has helped thousands of people with immigration and legal matters — refugee claims, appeals, admissibility and detention reviews before the Immigration and Refugee Board, and summary-conviction criminal matters.

About Angelina Shuster & her credentials →
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