Inquiries relating to family class sponsorship application

[DanielLee]

I am in a process of preparing documentation for my application to sponsor my wife to Canada under family class sponsorship. Working on the required forms, I find some questions which are hard to understand and very confusing. Therefore, it is my hope to find answers from anyone who reads this post and from buddies with experience of this type of visas.

1. As mentioned on the website of Canadian Visa Authority, there is a policy applied for refund proposals. And this policy only takes effect as long as the application is not yet accepted or processed. But, in the form IMM 1344, question 1 states that if I am found ineligible to sponsor my wife, the fund shall be refunded with $70 deducted. So as how I understand the refund policy, 100% of the fee shall be returned before the application is accepted, and the policy mentioned in question 1, form IMM 1344, shall be applied if I am not qualified for the conditions to be a sponsor. Am I right?

2. And, it is a bit confusing for me to get the differences between the option to get the refund and the one to continue with the process of PR application in question 1. Which one should I choose? My plan is to submit the application and to seek for opportunities to provide subordinate documents from the processing authority. I hope to receive advice from you.

3. I am currently living in Korea for more than 13 years and has never come back to Canada. But, soon, I will return to Canada with our children and to submit my application to sponsor my wife. It means at the time when the application is submitted, I can prove that I will be living within the country. So, in my case, am I considered as a Canadian citizen living exclusively outside Canada?

4. I have a friend who has his job and is living in the country. Is there anything he can do to support my application?

5. Is it true that my wife has to come to Canada so as to be issued her visa?

6. We have 2 under-5 children, and they both have Canadian nationality. Do they need to be included in the application as dependents of my wife?

I know that some of the questions mentioned above may probably have been posted on the forum. I myself have also read several threads for reference, but it is still a bit unclear to me. So, I ended up with writing a post describing my particular situation with a hope to receive advice.

I am really sorry if this causes any inconvenience to the forum’s members.

 

[Wakki]

1.) In IMM1344....if your check the option..."Withdraw your sponsorship application. All processing fees less $75 will be refunded.
Spousal Sponsorship application has 2 parts....(1) Sponsorship Application (Sponsor).......(2) Permanent Residency Application (PA)

Fees - Sponsor your spouse or partner
Sponsorship fee ($75), principal applicant processing fee ($475) and right of permanent residence fee ($490) = $1,040

You are found ineligible to sponsor your spouse after the 1st part - Sponsorship Application (Sponsor) has been processed and completed.
Hence, you will be eligible for the refund of fees paid except $75 for processing the Sponsorship Application.
If you withdraw your application, IRCC will deduct $75 and refund other fees ($475 + $490).

2.) IMM1344....Part 1.....if you are found not ineligible to sponsor, indicate what you want to do......has 2 options;

1. Withdraw your sponsorship application. All processing fees less $75 will be refunded.
   
2. "Proceed with the application for permanent residence. Processing fees will be retained.

Choose option 1:......if you want to withdraw your application instead of allowing IRCC to reject your spouse application for Permanent Residency.
You withdraw and get your PR application back, fees are refunded (less $75), you can can fix the reason for ineligibility to sponsor, start from scratch again and re-submit application, and you don't need to appeal application rejection.

Choose option 2:.....if you want IRCC to proceed with processing your application and okay with whatever the final outcome.

You won't withdraw your application, fees will not be refunded, IRCC automatically proceed to process 2nd part - Permanent Residency Application (PA), the Permanent Residency Application (PA) will be denied, you could appeal the application denial.

So consider if you have want to save your time if not eligible to sponsor or wait the entire processing time before IRCC let you know when you decide option 1 or option 2.

3.) As a Canadian citizen.....you are eligible to sponsor if living outside or inside Canada.......however, if you the sponsor is living outside Canada, you are required to provide convincing intent to prove you plan to move back to live in Canada once your family receive and land as PR in Canada.

If you the sponsor is living inside Canada when the sponsorship application is received and processed, you don't have to provide the intent to move back to Canada.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/procedural-fairness.573367/

4.) Nothing.......your sponsorship application will be approved based on the proof and genuineness of your marriage/relationship.

5.) No.....for Inland Sponsorship, your spouse will receive the PR visa in Canada.....for Outland Sponsorship, your spouse will receive the PR visa outside Canada, and if your spouse were in Canada visiting as at the time PR visa was issued, could contact IRCC on how to receive PR visa in Canada.

6.) If your children are Canadian Citizens.....they are not eligible to be sponsored or issued PR visa......you cannot include them as Dependents in the sponsorship application.......you need to include the Canadian children proof of Canadian citizenship (or copy of Canadian travel passport) in the sponsorship package...... they must not be included in ANY of the sponsorship forms except IMM5406.......the Principal Applicant (i.e., your wife) is required to declare her family composition (citizens or not citizens) before landing as PR in Canada, hence the PA must declare all family members in IMM5406.
Family members
An applicant’s closest relatives, in the context of an application to IRCC. It is defined as a spouse or common-law partner, dependent children, and their dependent children.

 

[DanielLee]

Thank Wakki for your answers and for making things clear to me.

I have paid the fee and received the receipt. But, before submitting my application, I want to add some more papers, and I am still waiting for them to be finished.

May I ask another question which is if there is any rule of time applied to the refund. Things like I must submit the application in a number of days after the date I pay the fee or the refund is only available within 90 days from when it is paid. I have looked for the information on the website of Canada Immigration Authority; it seems they do not mention this.

My wife is a very careful person. She asks me all of the things relating to the fee, but not the application.

I really appreciate your support!

 

[Wakki]

Don't know of any such rule......that you must submit the application in a number of days after the date you paid the fee or the refund is only available within 90 days from when it is paid.

Pay the fees....and include the payment receipt in your application package.

 

[DanielLee]

Thank Wakki!

 

[DanielLee]

After my application was received by the processing authority in Canada, I received an email telling us to provide biometrics fee. Following the instructions described in the email, I am currently stuck at the step of deciding the number of persons that need to pay this fee.

Do both my wife and I have to pay the fee? or Is it just my wife, the principal applicant, that needs to pay the charge?

I hope to receive advice from you guys!

 

[YVR123]

After my application was received by the processing authority in Canada, I received an email telling us to provide biometrics fee. Following the instructions described in the email, I am currently stuck at the step of deciding the number of persons that need to pay this fee.

Do both my wife and I have to pay the fee? or Is it just my wife, the principal applicant, that needs to pay the charge?

I hope to receive advice from you guys!

You are already Canadian PR or citizen. You don't need to pay for biometrics.
Only the principle applicant, whom you sponsored, needs to pay and have biometrics done.

 

[DanielLee]

I really appreciate all of the support here!

Throughout the process, I faced some other problems with which I need helps.

I am currently living in Canada. But, it is way too busy for me to come to the authority to submit my package. Therefore, I had no choice but to submit my application through a mailing courier, and it has been nearly two months since when it was sent to the processing authority. I found some information saying that the announcement on receiving applications shall be sent away after 30 days from the day when the authority receives applications. But, somehow, there is still no announcement pertaining to my application sent to my email address

Is there anything I could do about this?

 

[Wakki]

nothing but patience.....sometimes it takes around 12 weeks to receive AOR from IRCC

 

[bahar.april]

1.) In IMM1344....if your check the option..."Withdraw your sponsorship application. All processing fees less $75 will be refunded.
Spousal Sponsorship application has 2 parts....(1) Sponsorship Application (Sponsor).......(2) Permanent Residency Application (PA)

Fees - Sponsor your spouse or partner
Sponsorship fee ($75), principal applicant processing fee ($475) and right of permanent residence fee ($490) = $1,040

You are found ineligible to sponsor your spouse after the 1st part - Sponsorship Application (Sponsor) has been processed and completed.
Hence, you will be eligible for the refund of fees paid except $75 for processing the Sponsorship Application.
If you withdraw your application, IRCC will deduct $75 and refund other fees ($475 + $490).

2.) IMM1344....Part 1.....if you are found not ineligible to sponsor, indicate what you want to do......has 2 options;

1. Withdraw your sponsorship application. All processing fees less $75 will be refunded.
   
2. "Proceed with the application for permanent residence. Processing fees will be retained.

Choose option 1:......if you want to withdraw your application instead of allowing IRCC to reject your spouse application for Permanent Residency.
You withdraw and get your PR application back, fees are refunded (less $75), you can can fix the reason for ineligibility to sponsor, start from scratch again and re-submit application, and you don't need to appeal application rejection.

Choose option 2:.....if you want IRCC to proceed with processing your application and okay with whatever the final outcome.

You won't withdraw your application, fees will not be refunded, IRCC automatically proceed to process 2nd part - Permanent Residency Application (PA), the Permanent Residency Application (PA) will be denied, you could appeal the application denial.

So consider if you have want to save your time if not eligible to sponsor or wait the entire processing time before IRCC let you know when you decide option 1 or option 2.

3.) As a Canadian citizen.....you are eligible to sponsor if living outside or inside Canada.......however, if you the sponsor is living outside Canada, you are required to provide convincing intent to prove you plan to move back to live in Canada once your family receive and land as PR in Canada.

If you the sponsor is living inside Canada when the sponsorship application is received and processed, you don't have to provide the intent to move back to Canada.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/procedural-fairness.573367/

4.) Nothing.......your sponsorship application will be approved based on the proof and genuineness of your marriage/relationship.

5.) No.....for Inland Sponsorship, your spouse will receive the PR visa in Canada.....for Outland Sponsorship, your spouse will receive the PR visa outside Canada, and if your spouse were in Canada visiting as at the time PR visa was issued, could contact IRCC on how to receive PR visa in Canada.

6.) If your children are Canadian Citizens.....they are not eligible to be sponsored or issued PR visa......you cannot include them as Dependents in the sponsorship application.......you need to include the Canadian children proof of Canadian citizenship (or copy of Canadian travel passport) in the sponsorship package...... they must not be included in ANY of the sponsorship forms except IMM5406.......the Principal Applicant (i.e., your wife) is required to declare her family composition (citizens or not citizens) before landing as PR in Canada, hence the PA must declare all family members in IMM5406.
Family members
An applicant’s closest relatives, in the context of an application to IRCC. It is defined as a spouse or common-law partner, dependent children, and their dependent children.

Thanks a million you were crystal clear. I was about to make a mistake, but fortunately you saved me.