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Dependant child?

KingaMorawska

Newbie
Apr 23, 2018
9
0
26
Calgary
Hi, I'm Kinga and currently struggling with sponsorship applications. I have two questions and since it's impossible to reach CIC through phone right now maybe I will get my answer here more quickly.

1. Is my child (born in Canada) a dependant that I need to mention on "Generic Application Form For Canada"?
He was born in Canada and his father is a Canadian citizen who will be sponsoring me.

2. CIC agent said it's okay to apply for sponsorship after my visitor status here expired, but while filling out forms they ask me for expiry date of my status in Canada that's "greater than today", I'm not sure what to do about it?
I tried extending my visitors visa 2nd time but got a refusal letter so we called CIC and they said it's okay to apply after the status expired but then the problem (I mentioned in the question) occured...

Please help me out as I am new to all this and pretty lost.
Greetings, Kinga
 

KBH

Champion Member
Sep 13, 2017
1,454
763
Toronto, ON
Category........
FAM
Visa Office......
Mississauga
App. Filed.......
August 2nd, 2017
AOR Received.
September 22nd, 2017
File Transfer...
October 7th, 2017
Passport Req..
December 29th, 2017
VISA ISSUED...
January 23rd, 2018
LANDED..........
Feb 1st, 2018
1. No. The child will be mentioned on the Additional Family Information form only

2. It is OK to apply while you are out of status, but I am not sure how to get around that particular question and am not sure which form it's on, so it's difficult to help. However, want to make sure you are aware that you cannot apply for the OWP if you are out of status.
 

KingaMorawska

Newbie
Apr 23, 2018
9
0
26
Calgary
1. No. The child will be mentioned on the Additional Family Information form only

2. It is OK to apply while you are out of status, but I am not sure how to get around that particular question and am not sure which form it's on, so it's difficult to help. However, want to make sure you are aware that you cannot apply for the OWP if you are out of status.


1. Alright, got it.

2. It is on Generic Application Form For Canada as well. It looks like this:


And I really don't know how to get around it. I need to validate it and print it out to send to their PO box as a whole.
 

Blackking

Star Member
Sep 2, 2015
52
2
Hi, I'm Kinga and currently struggling with sponsorship applications. I have two questions and since it's impossible to reach CIC through phone right now maybe I will get my answer here more quickly.

1. Is my child (born in Canada) a dependant that I need to mention on "Generic Application Form For Canada"?
He was born in Canada and his father is a Canadian citizen who will be sponsoring me.

2. CIC agent said it's okay to apply for sponsorship after my visitor status here expired, but while filling out forms they ask me for expiry date of my status in Canada that's "greater than today", I'm not sure what to do about it?
I tried extending my visitors visa 2nd time but got a refusal letter so we called CIC and they said it's okay to apply after the status expired but then the problem (I mentioned in the question) occured...

Please help me out as I am new to all this and pretty lost.
Greetings, Kinga
Hi Kinga
Good evening
Could you please elaborate your case. What's your current status, why you are sponsoring who is Canadian citizen. Your question is not clear.
 

Blackking

Star Member
Sep 2, 2015
52
2
If you have visitor status you can't sponsor only a Canadian citizen or PR holder can do the sponsorship under Family sponsorship.

Who can become a sponsor
You can become a sponsor if you are:

  • at least 18 years old
  • a Canadian citizen, a person registered in Canada as an Indian under the Canadian Indian Act or a permanent resident living in Canada:
    • If you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative(s) become(s) a permanent resident.
    • You can’t sponsor someone if you are a permanent resident living outside Canada.
  • able to prove that you are not receiving social assistance for reasons other than a disability, and;
  • can provide for the basic needs of any person you are sponsoring (and in some limited situations, that you meet the low-income cut-off).
Note: There is no low income cut-off (LICO) for spouse, partner or dependent child sponsorships, unless a dependent child also has one or more dependent children of their own. If a dependent child you are sponsoring has one or more dependent children of their own, you must include a Financial Evaluation (IMM 1283) form with your application (see your checklist for more details).

Read more about eligibility requirements in the Complete Guide.

Who can’t become a sponsor
You can’t be a sponsor if you:

  • have failed to pay:
    • an immigration loan
    • a performance bond
    • family support payments
  • have failed to provide for the basic needs of a previously-sponsored relative who received social assistance
  • are under a removal order
  • are in a penitentiary, jail, reformatory or prison
  • receive social assistance for a reason other than a disability
  • are still going through the process of bankruptcy (undischarged bankruptcy)
  • were sponsored by a spouse or partner and you became a permanent resident less than five years ago
  • sponsored a previous spouse or partner and three years have not passed since this person became a permanent resident
  • have already applied to sponsor your current spouse, partner or child and a decision on your application hasn’t been made yet
  • were convicted of a violent or sexual offence, or an offence that caused bodily harm to a relative—or you attempted or threatened to commit any of these offences
Who you can sponsor
To be eligible for permanent residence, the principal applicant and any dependants must not be inadmissible to Canada.

You can sponsor a:

Spouse, common-law partner or conjugal partner
You can sponsor your spouse, common-law partner or conjugal partner if:

  • they are at least 18 years old
  • your relationship is genuine (real) and wasn’t entered into just to get permanent resident status in Canada
If your spouse or common-law partner is applying in the Spouse or Common-law Partner in Canada class, they must already co-habit (live) with you in Canada.

Important: A conjugal partner is, in relation to a sponsor, a foreign national residing outside Canada who has been in a conjugal relationship with the sponsor for at least one year. A foreign national residing inside Canada cannot be sponsored as a conjugal partner.

Dependent child
If you’re sponsoring a spouse or partner, any dependent children should be listed on their application forms. If you are sponsoring one or more dependent child(ren) as the principal applicant(s), you must submit a complete set of application forms and documents for each child.
 

KingaMorawska

Newbie
Apr 23, 2018
9
0
26
Calgary
Hi Kinga
Good evening
Could you please elaborate your case. What's your current status, why you are sponsoring who is Canadian citizen. Your question is not clear.

Thank you for answering, I have already read all the possible articles on their website, that's why I am here to ask.

I am a visitor to Canada, my boyfriend who is a Canadian citizen is the one who will be sponsoring me. I have tried to extend my visitor visa for 2nd time but I received refusal letter. My visa has expried on April 5th. That's why we called CIC agent to ask if it is possible to apply for inland common law sponsorship without me leaving the country. They said that it IS possible and that we should do it asap. But then while filling out forms I came across a problem. Form asks to put in my visitor visa expiry date (which is April 5th) but won't accept this answer because "the date of your expiry status have to be greater than today". And I am not sure how to outcome this issue.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
1. Alright, got it.

2. It is on Generic Application Form For Canada as well. It looks like this:


And I really don't know how to get around it. I need to validate it and print it out to send to their PO box as a whole.
You aren't a visitor. Select "Other", put "Out of Status" and today's date.
 
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canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Hi Kinga
Good evening
Could you please elaborate your case. What's your current status, why you are sponsoring who is Canadian citizen. Your question is not clear.
Do try to actually read the thread before posting. As clearly stated in the first post, OP is out of status and is being sponsored by her Canadian spouse.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Thank you for answering, I have already read all the possible articles on their website, that's why I am here to ask.

I am a visitor to Canada, my boyfriend who is a Canadian citizen is the one who will be sponsoring me. I have tried to extend my visitor visa for 2nd time but I received refusal letter. My visa has expried on April 5th. That's why we called CIC agent to ask if it is possible to apply for inland common law sponsorship without me leaving the country. They said that it IS possible and that we should do it asap. But then while filling out forms I came across a problem. Form asks to put in my visitor visa expiry date (which is April 5th) but won't accept this answer because "the date of your expiry status have to be greater than today". And I am not sure how to outcome this issue.
If your visitor status expired on April 5th, apply for Restoration of Status. You can apply for Restoration as a worker by submitting the OWP app with the inland PR app.
 
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KingaMorawska

Newbie
Apr 23, 2018
9
0
26
Calgary
If your visitor status expired on April 5th, apply for Restoration of Status. You can apply for Restoration as a worker by submitting the OWP app with the inland PR app.
CIC said I don't have to apply for status restoration, they said it's okay to send just the inland sponsorship application.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
CIC said I don't have to apply for status restoration, they said it's okay to send just the inland sponsorship application.
You don't have to apply for Restoration to apply for sponsorship. However, it makes no sense to remain out of status when you have the option to correct that. Note that regardless of the sponsorship app, if you are out of status, you can be removed from Canada at any point. If that happens, your inland app is cancelled.

You can apply for Restoration with the OWP app when you apply inland or, if you don't want to work, you can apply for Restoration as a visitor. But either way, APPLY for it.
 
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KingaMorawska

Newbie
Apr 23, 2018
9
0
26
Calgary
You don't have to apply for Restoration to apply for sponsorship. However, it makes no sense to remain out of status when you have the option to correct that. Note that regardless of the sponsorship app, if you are out of status, you can be removed from Canada at any point. If that happens, your inland app is cancelled.

You can apply for Restoration with the OWP app when you apply inland or, if you don't want to work, you can apply for Restoration as a visitor. But either way, APPLY for it.
Okay, will do. Thank you for your time. :)
 

Blackking

Star Member
Sep 2, 2015
52
2
So the moment my visitor visa has expired and I am out of status it will work?
Also thank you for answering!
Check this(https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-change-conditions-extend-your-stay-canada-worker.html) to apply for OWP you have to do before the status expires. Did you tried applying for TRP (Temporary resident permit) because I am not sure how you will be inside Canada as your status has been expired and even if you apply for sponsorship the initial 53 days will be taken for the sponsorship evaluation and how you have planned to be inside Canada that day long without status?
TRP:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5554-applying-remain-canada-temporary-resident-permit-holder.html

I am pretty not sure about the above process, any VIP members can suggest!!