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Author Topic: Settlement Funds question  (Read 417 times)
jhjeppe
Full Member
***

Posts: 45
Ratings: +0
Category........: FSW1
Visa Office......: Vegreville
NOC Code......: 6241
Job Offer........: Yes
Pre-Assessed..: Yes
App. Filed.......: 10 August 2009
Doc's Request.: 31 January 2010
AOR Received.: 14 June 2010
Med's Request: 5 October 2010
Med's Done....: 12 October 2010
Passport Req..: 25 September 2011
VISA ISSUED...: 5 October 2011
LANDED..........: 20 May 2012

« on: September 15, 2011, 07:32:24 pm »

Good day

I received my request for my passport today so that cic may issue my PR visa. This is a skilled worker application via the fast track. This application has been in process for the last 20 months. I sent my passport this morning.

They requested settlement funds from me earlier this year, but my wife (Canadian Citizen) signed a statutory declaration informing them that she will be financially responsible for me. We also applied for spousal sponsorship as a second application but I think she might have canceled it. It seems that they have accepted this as form of settlement funds. Unfortunately my wife and I have grown apart in the last couple of months, we have recently sepperated. My question is: how will this impact my landing experience? will the Immigration officer ask for any form of funds? It is really bothering me and I am extrememly nervous about this. What if I secure a job offer from a employer? What if other family in Canada vouch for me as far as finances go?

I would really appreciate some insight on this matter.
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wilson
VIP Member
*******

Posts: 4165
Ratings: +292

« Reply #1 on: September 15, 2011, 10:44:46 pm »

As your wife canceled the  spousal sponsorship application, perhaps she might have withdrawn or requested CIC to cancell the statutory declaration for financial undertaking also. But there is another point that how CIC could know now about your separation?. However, my opinion is that being a  PR visa holder of FSW category, you have the obligation to take the required funds while landing.

I hope there can be different opinions about this subject.
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When one door closes, another opens; but we often look so long and so regretfully upon the closed door that we do not see the one that has opened for us."

- Alexander Graham Bell
Vangelis21
Hero Member
*****

Posts: 399
Ratings: +3
Category........: FSW1
Visa Office......: Rome
NOC Code......: 3111
App. Filed.......: 1/11/11

« Reply #2 on: September 16, 2011, 12:10:36 am »

I want to ask about ... "They requested settlement funds from me earlier this year, but my wife (Canadian Citizen) signed a statutory declaration informing them that she will be financially responsible for me"

what exactly is this? can only a spouse do it or anyone?
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mitali
VIP Member
*******

Posts: 3239
Ratings: +460

« Reply #3 on: September 16, 2011, 12:42:01 am »

Good day

I received my request for my passport today so that cic may issue my PR visa. This is a skilled worker application via the fast track. This application has been in process for the last 20 months. I sent my passport this morning.

They requested settlement funds from me earlier this year, but my wife (Canadian Citizen) signed a statutory declaration informing them that she will be financially responsible for me. We also applied for spousal sponsorship as a second application but I think she might have canceled it. It seems that they have accepted this as form of settlement funds. Unfortunately my wife and I have grown apart in the last couple of months, we have recently sepperated. My question is: how will this impact my landing experience? will the Immigration officer ask for any form of funds? It is really bothering me and I am extrememly nervous about this. What if I secure a job offer from a employer? What if other family in Canada vouch for me as far as finances go?

I would really appreciate some insight on this matter.

Sorry to know about your situation and understand the stress you are going through. I have some questions if you could answer them please:

1. Who is the Principal applicant?  If your spouse was PA then ignore question 2.
2. Did you get any points for your spouse and did that impact the basic eligibility to achieve 67 points?
3. When the initial POF was shown was it in the name of your spouse or did you have any contribution towards it? When did the the declaration regarding the funds happen? Is it possible to convince her to maintain the POF for you?
4. Did you inform your VO regarding your separation?

If she maintains the POF for you then you can land because as a dependent you do not need to show POF. BUt if she withdraws herself then you can not land....esp if she has informed CIC regarding the separation...as in that case CIC will definitely consider this as "Marriage of convenience".... CIC is in the process of implementing new rules wherein the couple has to remain married for 2 years.

If you secure a job (AEO or LMO based) then you can enter Canada (take into consideration the processing times) but will not have PR unless you qualify.... which is all together a NEW processing depending on the rules that will be at that time.

Help from other family members will not help you (for your current situation to gain entry in Canada without your ex spouse's help) as CIC needs to have solid proof that YOU have money to settle in Canada and the money is NOT BORROWED.

Mitali
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I am NOT AN EXPERT on Immigration. The above is my own personal opinion and you are not bound to follow it.
https://docs.google.com/spreadsheet/ccc?authkey=CLDXsFA&key=0AiJy8Qu8lcQbdGxiSnNhME5sVi1uRlZtUWNhOEFwemc&hl=ar&authkey=CLDXsFA#gid=0
Cappuccino
VIP Member
*******

Posts: 4414
Ratings: +389
Category........: FSW1
Visa Office......: London
NOC Code......: 3131
App. Filed.......: 30-Aug-2010
AOR Received.: 15-Dec-2010
IELTS Request: Sent with app - 8.5 band score
Med's Request: 13-Apr-2011
Med's Done....: 19-Apr-2011
Passport Req..: 28-June-2011
VISA ISSUED...: 21-July-2011
LANDED..........: 27-Aug-2011

ECAS
Recd By VO.....: 11-Feb-2011
In Process.......: 15-Mar-2011
Decision Made.: 25-Jun-2011

« Reply #4 on: September 16, 2011, 04:43:30 am »

Sorry to know about your situation and understand the stress you are going through. I have some questions if you could answer them please:

1. Who is the Principal applicant?  If your spouse was PA then ignore question 2.
2. Did you get any points for your spouse and did that impact the basic eligibility to achieve 67 points?
3. When the initial POF was shown was it in the name of your spouse or did you have any contribution towards it? When did the the declaration regarding the funds happen? Is it possible to convince her to maintain the POF for you?
4. Did you inform your VO regarding your separation?

If she maintains the POF for you then you can land because as a dependent you do not need to show POF. BUt if she withdraws herself then you can not land....esp if she has informed CIC regarding the separation...as in that case CIC will definitely consider this as "Marriage of convenience".... CIC is in the process of implementing new rules wherein the couple has to remain married for 2 years.

If you secure a job (AEO or LMO based) then you can enter Canada (take into consideration the processing times) but will not have PR unless you qualify.... which is all together a NEW processing depending on the rules that will be at that time.

Help from other family members will not help you (for your current situation to gain entry in Canada without your ex spouse's help) as CIC needs to have solid proof that YOU have money to settle in Canada and the money is NOT BORROWED.

Mitali

Yes I agree Mitali. There are several issues here. Although it should first be noted that since his spouse is a Canadian Citizen then I do not think his spouse was the PA! Wink

Anyway Jhjeppe
1) If you have separated from your wife prior to landing, then you must inform CIC. Especially since this could affect your adaptability points.
2) As principal applicant you must show proof of funding. Ordinarily the funding could be shown in the name of the accompanying spouse, but since you have separated from your wife I do not believe any funds in your wife's name could be used. So the funds as Mitali rightly says must be in your own name and cannot be borrowed.

My advice is to ensure that you have the full funds prior to landing. Although the officials at immigration do not always ask to see proof of funding, they do sometimes, and if you cannot provide it they can refuse to admit you.

Therefore if you don't currently have adequate funding I would wait until you have saved up the funds prior to landing.

If your wife is still interested in helping you, she can give you funds as a GIFT if you provide a signed affidavit that this is a gift and that it does not have to be repaid. However, this being the case you will need to investigate the tax implications in your own country of receiving such a large amount.

Likewise family members CAN gift you money to help, but you will need signed letters stating that this is a gift and does not have to be repaid.


In short, play it safe. If you attempt to land and you are refused because of lack of proof of funds, then you are not from a visa-exempt country you can't even enter Canada as a visitor and will have to wait in the airport until you get a flight home! Wink

Wayne.
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My Canada blog = http://get2canada.wordpress.com

Please note much of the information on the process relates to 2010/2011 process. A new process is coming out for FSWP in May 2013.
Vangelis21
Hero Member
*****

Posts: 399
Ratings: +3
Category........: FSW1
Visa Office......: Rome
NOC Code......: 3111
App. Filed.......: 1/11/11

« Reply #5 on: September 16, 2011, 04:44:38 am »

I want to ask about ... "They requested settlement funds from me earlier this year, but my wife (Canadian Citizen) signed a statutory declaration informing them that she will be financially responsible for me"

what exactly is this? can only a spouse do it or anyone?
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