A couple questions

[Sentasi]

Hi all, just going over my application, making sure i got everything. I have a couple questions, hope someone can give me some insight on them.

Note, this will be the second application. We chose to withdraw the first one before a final decision was made. We did receive SA for the first one, but that letter was never sent to us in error. We did receive it right after the withdrawal request was confirmed, saying it was never sent in error. My wife (sponsor) got an UCI number with that letter. I don't know if that would make any difference for this application.

My questions:

1) IMM 1344 Sponsor eligibility assessment, question 6: "Have you submitted a previous application in respect of which a final decision has not been made for the person being sponsored and their family member."

Should we answer this with yes or no?

2) We have a daughter together (2yo) who was born in Canada and is a Canadian citizen. Do i need to list her as a dependent?

3) IMM 5532 "2. Other sponsorships
Have you sponsored in the past,..."

Would this be yes or no? Again, we withdrew, and got SA right after withdrawing saying it was not sent in error.

IMM 5532 Q3. "Other financially dependent people"
Do we need to list our daughter here?

4) IMM 5533(checklist) "Do you and the person you are sponsoring have children together who may have a claim to Canadian citizenship."
This would be a yes, correct? Since our daughter is born in Canada and therefore is a Canadian citizen?

5) Should we fill out the UCI number my wife got, or not?

6) Also applying for a new OWP. I am currently on a OWP (not IEC). Originally came to Canada on the IEC. On the OWP Checklist, do i need to check the box stating i am a participant in the IEC program and provide proof of health insurance?

Thank you guys, hope someone can give us some answers.

 

[Canada2020eh]

Hi all, just going over my application, making sure i got everything. I have a couple questions, hope someone can give me some insight on them.

Note, this will be the second application. We chose to withdraw the first one before a final decision was made. We did receive SA for the first one, but that letter was never sent to us in error. We did receive it right after the withdrawal request was confirmed, saying it was never sent in error. My wife (sponsor) got an UCI number with that letter. I don't know if that would make any difference for this application.

My questions:

1) IMM 1344 Sponsor eligibility assessment, question 6: "Have you submitted a previous application in respect of which a final decision has not been made for the person being sponsored and their family member."

Should we answer this with yes or no?

2) We have a daughter together (2yo) who was born in Canada and is a Canadian citizen. Do i need to list her as a dependent?

3) IMM 5532 "2. Other sponsorships
Have you sponsored in the past,..."

Would this be yes or no? Again, we withdrew, and got SA right after withdrawing saying it was not sent in error.

"3. Other financially dependent people"
Do we need to list our daughter here?

4) IMM 5533(checklist) "Do you and the person you are sponsoring have children together who may have a claim to Canadian citizenship."
This would be a yes, correct? Since our daughter is born in Canada and therefore is a Canadian citizen?

5) Should we fill out the UCI number my wife got, or not?

6) Also applying for a new OWP. I am currently on a OWP (not IEC). Originally came to Canada on the IEC. On the OWP Checklist, do i need to check the box stating i am a participant in the IEC program and provide proof of health insurance?

Thank you guys, hope someone can give us some answers.

1/ Yes
2/ Yes
3/ You already did in Q 2.
4/ Yes
5/ Yes, since she was assigned a UCI she will have that number for ever.
6/ Sorr, don't know that one.

 

[Sentasi]

Thank you for your answer.

I'm reading a lot of contradicting information on my first and third question, anyone else who can provide some information about it?

We chose to withdraw because we sent it in to quickly, not meeting the 12 months of living together requirement. In my withdrawal request i stated this, and stated we will reapply in the future when we do meet the requirements. My request was honoured. Shortly after, i think it was the next day, my (now) wife got the SA, the letter said that it was not sent to her in error, and they are now reviewing the withdrawal request. SA was a month before that.

The withdrawal was completed before a final decision was made for the PA (me). Sponsor (my now wife) got SA, although we did not know that when we sent in the request, due to the letter not been sent in error.

Should i also include the withdrawal request in our application as a supporting document?

 

[armoured]

The withdrawal was completed before a final decision was made for the PA (me). Sponsor (my now wife) got SA, although we did not know that when we sent in the request, due to the letter not been sent in error.

Should i also include the withdrawal request in our application as a supporting document?

I think you can't go wrong by including a short letter of explanation and a copy of the withdrawal application. (I presume you either got some confirmation that the withdrawal was honoured, or at least no refusal?)

 

[Sentasi]

Yes, i did. I got a letter saying my withdrawal was honoured, and no further processing would take place. Definitely no refusal letter.

 

[armoured]

Yes, i did. I got a letter saying my withdrawal was honoured, and no further processing would take place. Definitely no refusal letter.

I think that's the main thing, include and put a letter of explanation.

I don't know the correct way to parse this - I'd say that for "previous application in respect of which a final decision has not been made for the person being sponsored and their family member" - the answer is yes, you submitted and no decision was made for the person being sponsored.

But I could argue the other side of that, too (if I had to).

Hence best to just include a letter of explanation, with docs, that you applied and withdrawed and that as you understand the question no decision was made for your spouse, because withdrawn before it got to that stage.

 

[armoured]

The thing is, I don't think it's a trick question or they're trying to catch you - they want to know exactly what they say, and your situation is slightly (only slightly) unusual. Just be open and tell the truth and it should be fine.

 

[Canada2020eh]

Thank you for your answer.

I'm reading a lot of contradicting information on my first and third question, anyone else who can provide some information about it?

We chose to withdraw because we sent it in to quickly, not meeting the 12 months of living together requirement. In my withdrawal request i stated this, and stated we will reapply in the future when we do meet the requirements. My request was honoured. Shortly after, i think it was the next day, my (now) wife got the SA, the letter said that it was not sent to her in error, and they are now reviewing the withdrawal request. SA was a month before that.

The withdrawal was completed before a final decision was made for the PA (me). Sponsor (my now wife) got SA, although we did not know that when we sent in the request, due to the letter not been sent in error.

Should i also include the withdrawal request in our application as a supporting document?

You can but I don't think it is necessary, your wife will have to be evaluated again to be approved as sponsor on the new app.

 

[Sentasi]

Thank you. I'm just a little worried about the fact that if we answer Have you submitted a previous application in respect of which a final decision has not been made for the person being sponsored and their family member." with a yes, my wife does not qualify as a sponsor?

The official guide says:
May I cancel my undertaking after it’s been approved?
If you change your mind after you submit the sponsorship application and undertaking, you must write us a letter before a final decision is made on the file and submit the letter as an attachment through the IRCC Webform. You can only withdraw an undertaking if we approve the withdrawal.

Our app was successfully withdrawn. We sent the request for that before we knew my wife (sponsor) had gotten SA. They never sent us the approval in error, therefore we did not know we had SA.

From the official guide again:

You may not be able to sponsor if you…

• are sponsoring a spouse or partner but you signed an undertaking for a previous spouse or partner and it hasn’t been three years since they became a permanent resident,

• have already applied to sponsor your current spouse or partner and haven’t received a decision.

So what's the deal here? I (PA) did not get PR. App withdrawal was accepted before that decision was made and no further processing would take place.

Second, on the previous withdrawn app, my wife, back then finance, applied to sponsor me (partner). Didn't got a decision for SA untill we requested to withdraw. The letter said she got SA a month before that and we never got sent the SA approval letter in error. So we did not know a decision had been made. Assuming it is about the SA decision and not the PR decision.


I certainly do not want to provide them with false information, but also don't want to get rejected because of it. I mean, how many people have reapplied after withdrawing the first time? I can't be the only one



..

 

[armoured]

There's no question the sponsor will be evaluated anew - the good reason to include the withdrawal correspondence is to avoid any confusion of whether the sponsor is ineligible because of a previous sponsorship.

IRCC would almost certainly find the withdrawal as well (eventually) - but what to avoid is the IRCC analyst doing a quick search in their database and seeing the previous sponsorship and not noticing or for whatever reason thinking it needs "more serious analysis." Being upfront and showing the previous application was withdrawn just makes it easier for them / helps to avoid errors or misunderstandings. (Hopefully)

 

[armoured]

Thank you. I'm just a little worried about the fact that if we answer Have you submitted a previous application in respect of which a final decision has not been made for the person being sponsored and their family member." with a yes, my wife does not qualify as a sponsor?

...
I certainly do not want to provide them with false information, but also don't want to get rejected because of it. I mean, how many people have reapplied after withdrawing the first time? I can't be the only one

We understand your question. You withdrew the app, you have no previous outstanding undertaking (cancelled), and it was withdrawn so the question of whether a decision was made is moot.

If you want to answer no because you're worried about the specific language, answer no and include a letter of explanation of the withdrawal and that you think no is the correct answer here.

If you're still really worried, then you need to see a lawyer because no-one here is an immigration professional and it's your file and you have to decide.

 

[Sentasi]

I understand that, and i appreciate all your input in this. My biggest concern is answering the question with a yes, while it maybe should've been a no, and thus providing false information. Or answer with no, and get rejected. I'm seeing a lot of contradicting information on this, that's why i'm confused about it.

Another question, when it comes to my wife's (sponsor) income, would it be acceptable to use her 2019 NOA or would that be rejected? We're currently still working on our taxes, it's been a complicated tax year for her. Employed, laid off due to covid, E.I, started her own business. Or would it be much more advised to wait untill we're done and have her 2020 NOA?

 

[armoured]

I understand that, and i appreciate all your input in this. My biggest concern is answering the question with a yes, while it maybe should've been a no, and thus providing false information. Or answer with no, and get rejected. I'm seeing a lot of contradicting information on this, that's why i'm confused about it.

Another question, when it comes to my wife's (sponsor) income, would it be acceptable to use her 2019 NOA or would that be rejected? We're currently still working on our taxes, it's been a complicated tax year for her. Employed, laid off due to covid, E.I, started her own business. Or would it be much more advised to wait untill we're done and have her 2020 NOA?

Can't help more. Again, I don't think they're trying to trick you and a letter of explanation will be sufficient to make clear. But if you want certainty, get professional help.

I think better to get the 2020NOA. Some applicants have had returned because not most recent, although the circumstances not always clear.

 

[Eveslm]

I understand that, and i appreciate all your input in this. My biggest concern is answering the question with a yes, while it maybe should've been a no, and thus providing false information. Or answer with no, and get rejected. I'm seeing a lot of contradicting information on this, that's why i'm confused about it.

Another question, when it comes to my wife's (sponsor) income, would it be acceptable to use her 2019 NOA or would that be rejected? We're currently still working on our taxes, it's been a complicated tax year for her. Employed, laid off due to covid, E.I, started her own business. Or would it be much more advised to wait untill we're done and have her 2020 NOA?

People withdraw their applications and reapply all the time. And sometime they even reapply while the withdrawal is being processed.

The application was successfully withdrawn, there is no pending decision on that application. The Sponsor cannot answer Yes to that. You can attach LOA and withdrawal confirmation letter if you want.

Wait for 2020 NOA to avoid chances of your application being returned.

 

[Desperate Help]

I am trying to fill IMM5532E for my wife for whom I sponsored a couple of years ago, but got rejected. Now I am sponsoring her again, but a bit confuse that do I need to write previous UCI of my wife in IMM5532E form if I am sponsoring second time to IRCC.