Married 3 Yrs Ago Could Not Sponsor Due to Health Issue+NOA

[Jagroop]

I went to India 3 years ago and got married there. I returned to Canada after 2 months and could not work because I had some health issues. I tried to return to my work in March 2020 but due to lockdown I lost my job. I do not have any notice of assessment in the past 3 years. The spousal sponsorship application asks for notice of assessment. Today, I called a lawyer and found out that Notice of Assessment is not required to sponsor my wife. Is it true?

[Rajpal (Admin)]

While pursuant to s.133(1)(j)(i)(A), a sponsor must have a total income that is:

(A) At least equal to the minimum necessary income, if the sponsorship application was filed in respect of a foreign national other than a foreign national referred to in clause or;

(B) has a total income that is at least equal to the minimum necessary income, plus 30%, for each of the three consecutive taxation years immediately preceding the date of filing of the sponsorship application, if the sponsorship application was filed in respect of a foreign national who is:

(i) the sponsor’s mother or father,

(ii) the mother or father of the sponsor’s mother or father, or

(iii) an accompanying family member of the foreign national described in sub-clause (I) or (II).

On the other hand, in spousal sponsorship application, the spouse who is sponsoring signs the undertaking for the applicant and takes responsibility for three years. The sponsor has to show that they can support the person they are sponsoring and provides the proof of income if they are employed in Canada. If the sponsor is not working then they have to provide the other documentation showing that they can support their spouse financially. This must include a detailed explanation of how they plan to support themselves and their spouse. You can use bank savings as support. Also, you can ask letter of support from your parents etc.

You do not need to be working to sponsor your wife (only true in case of spousal sponsorship) but you must give an explanation in writing that how you are going to support your wife. You may have saved money in the bank, Fixed Deposits or GIC, Tax-Free Saving Account (TFSA), Letter of Support from his family or friends, Self-employed income (part-time teaching) or you may have some funds back at home which want to bring to Canada. When you sponsor your wife, you will sign an undertaking to provide her with the basic necessities of life including food, shelter, boarding, lodging, medical and entertainment for a period of three years. Good luck!