Form 5481 questions

[dfb]

I asked this with a number of other questions in a previous post a few weeks ago, and did not get an answer to this one, so here it goes again:

Here are the facts:
1. My spouse is sponsoring me - he is a Canadian citizen, I am American
2. We have lived in Canada for over 3 years - I am here on a work permit, so the application is "in Canada"
3. We have 2 children - both Canadian citizens
4. I work full time and my husband stays home with our young children.  His only income is the UCCB (child tax credit that everyone is eligible for regardless of income).  He does not file a tax return because he is not required to. I make more than enough to support our family.  My husband has university (Canadian) and graduate school (American) degrees.

Questions:
1.  Do we need to include the kids in question 6B of Form 5481?  The kids are technically not financially dependent on him right now, since I generate the income for the family, but I guess they are legally dependent on him, so perhaps that is what it means.  Should I include them on 6B?  Also, do I need to explain that they are Canadian or will they figure that out since I am including copies of their Canadian passports / birth certificate / certificate of birth abroad?

2.  For 2A, should he just put "stay at home parent" or is a bigger explanation necessary?  If a more detailed explanation is required, should I include copies of his university degrees, copies of bank accounts and home ownership papers showing his name?

Thanks to all!

[canuck_amuck]

Hi,

Don't take my answers to be definitive, this is just my best guess based on my knowledge.

1.  I think just the fact that he is their father, and they are living with them would make them financially defendant on him.  But I am not sure.  If in doubt, pick the answer that you find to be most suitable and write a written explanation that explains why you chose that response.

2. If you think a more detailed explanation might be necessary, add it in anyway, it cant hurt.  That additional information might help your explanation, but if you can prove you are supporting him, I don't think they will doubt that he doesn't work.

[RobsLuv]

I asked this with a number of other questions in a previous post a few weeks ago, and did not get an answer to this one, so here it goes again:

Here are the facts:
1. My spouse is sponsoring me - he is a Canadian citizen, I am American
2. We have lived in Canada for over 3 years - I am here on a work permit, so the application is "in Canada"
3. We have 2 children - both Canadian citizens
4. I work full time and my husband stays home with our young children.  His only income is the UCCB (child tax credit that everyone is eligible for regardless of income).  He does not file a tax return because he is not required to. I make more than enough to support our family.  My husband has university (Canadian) and graduate school (American) degrees.

Questions:
1.  Do we need to include the kids in question 6B of Form 5481?  The kids are technically not financially dependent on him right now, since I generate the income for the family, but I guess they are legally dependent on him, so perhaps that is what it means.  Should I include them on 6B?  Also, do I need to explain that they are Canadian or will they figure that out since I am including copies of their Canadian passports / birth certificate / certificate of birth abroad?

2.  For 2A, should he just put "stay at home parent" or is a bigger explanation necessary?  If a more detailed explanation is required, should I include copies of his university degrees, copies of bank accounts and home ownership papers showing his name?

Thanks to all!

1) Absolutely include them in 6B of Form 5481.  And yes, they will "figure out" that they're Canadian by their birth certificates.
2) He can just put "stay at home parent" - but, even though spousal sponsorships are minimum income exempt, you should figure out a way to include proof of your income to show that there is a family income.  CIC is concerned with making sure there will not be a necessity to claim social assistance  . . . however you decide to "prove income" using your earnings, be sure you include a copy of your work permit so they know the income is legally obtained.

Now, I have a question for you: You are in Canada legally already (with your work permit) . . . why are you filing an inland application?  Even though you're living in Canada, you are still entitled to have your application processed at the overseas visa office (Buffalo) that represents your country of birth.  If your original work permit was valid for at least one year, you can file "outland" and use your Canadian address as both your mailing and residential addresses.  Your file would stay in Buffalo.  If your work permit wasn't issued for at least one year, you'll have to use a relative's address in the States as your residential address, but you can use your Canadian address as your mailing address.  In this case, use the Interview Location Preference form included in the application to designate the visa office (Detroit, NYC or Seattle) that's closest to your Canadian province for processing.  Outside processing for US citizens takes 3-9 months, as opposed to an inland timeline of 12-18 months. 

[dfb]

RobsLuv - Thanks.  I had no idea it was possible to file outland (and get quicker results) if I am already living in Canada.  Is there somewhere I can read more about this?  What is the downside to doing this?

Also, I originally came here on a 3 year work permit which I had extended for another 3 years (I was too lazy to fill out the PR paperwork before now).  Does this count as more than 1 year - the work permit I currently have is from December 2007-December 2010, so this one has been less than a year.  Would they look cumulatively.

With respect to your other question, I was going to request and include my Option C printout as well so they would see my income.

Thanks again

[RobsLuv]

There really isn't anywhere to read up on it - every foreign national has the right to have their application processed at the visa office that represents their country of birth - inland vs outland is not about where the applicant is staying or live, it is simply about where the application is processed.  There have been hundreds of us, especially from the States, who have filed outland applications while staying in Canada - even just as visitors.  Your ability to be in Canada has everything to do with the temporary status you're given when you enter the country - and nothing to do with what type of PR application you decide to file.  Inland aps are advantageous for people from non-visa-exempt countries who actually manage to get a visitor visa to come to Canada, and then don't want to go home again because they know they will not be allowed to come back until they have permanent status.  Foreign nationals from non-visa-exempt countries are routinely refused visas to Canada when they are proven to be in a relationship with someone in Canada.  So, for them, filing inland while their visa is still current gives them the ability to extend their stay without having to apply for a new visa . . . and they can stay in Canada with their partner while their permanent status is being assessed.  But you already have valid temporary status that's not likely to be lost.  There's no need for you to have to wait out a long processing timeline for permanent status.

I don't think it's cumulative - but in your case it doesn't matter.  If you were originally granted a 3 year work permit, you were initially "legally admitted for at least one year" and you can use your Canadian address as your residential address.  Your file will be processed through Buffalo.  The only real downside to the outland process is that, if an interview is required, you'd have to attend in Buffalo.  But the upside is/are: a faster timeline (Buffalo finalizes in 3-9 months), the right to appeal a refusal (God forbid, but I'm there) and the ability to leave Canada without jeapordizing the application.

Yes, you should include your Option C printout - but keep in mind that yours is an unusual situation in that usually it is the sponsor who is providing income information.  They don't ask that of the applicant.  Normally it's not the applicant working and the sponsor staying home with the kids.  The outland application packet has three sections: the sponsorship ap and all the documentation, the immigrant's application, Region Specific forms and immigrant's documentation, and the relationship evidence.  You are going to be including your income information with his application documentation - and that's not something they normally see.  So, you see, you'll have to make sure you make it clear to them that your situation is a bit different.  Also, be sure you include a copy of your current work permit with his application information so they know the income is obtained legally. 

[dfb]

RobsLuv - Thanks so much for this clear explanation!  One more question - the form in Part III asks whether I want an interview in Seattle, LA, Detroit or NYC - it doesn't give Buffalo as an option (which would be most convenient for me).   Should I just choose one listed and it shouldn't really matter?  Thanks again and best of luck to you - it sounds like you have had a long haul!

[canuck_amuck]

As far as I know, American immigrants almost always have their interviews waived (looking at trackitt there is not one American case with an interview).  So it shouldn't matter.  But put the closest one just in case.  I also dont think they do interviews in Buffalo, since its not an option (I would have chose it too).

- Canuck