[Hong Kong Applicant] Questions from Spousal Sponsorship Application

[MA108]

Hello everyone,
I am applying PR using spousal sponsorship, and there are some questions on application forms that I need hints from you. Please help.

Background
I am the main applicant (sponsored person), and my wife is the sponsor.
I come from Hong Kong and I am holding a post-grad work permit with expiry date until Oct 2017, while my wife has been a naturalized Canadian citizen (She is from Hong Kong too) since 2010. We have been together for 9 years (3-year long-distance relationship + 6-year studying, working and living in Canada). We just got married in Vancouver with no children in Oct 2015, and now I am preparing inland spousal sponsorship hoping that I can submit the application package by the end of this year.

There is a couple of questions that I encounter when I filling the forms, please give me suggestions and your advices will be much appreciated.

IMM 5481 – Sponsorship Evaluation
Q3. Your net personal income – My wife should just calculate her 12-month income after tax prior the date of the application rather than copying the net income number from her Notice of Assessment/Option-C printout. Correct?

*Also, how long does it usually take to receive Option-C printout and all income slips from CRA?

IMM 0008 – Generic Application Form for Canada
National Identity Document: Q5. Expiry Date – I have a Hong Kong Identity card with no expiry date. What should I type on this box?

Dependant(s): My mother, father, and older brother are living in Hong Kong. They have no intention to immigrate to Canada in near future (let say in 5 – 10 years), and my wife is sponsoring me only to be PR in Canada. So I should basically remove this section in the application form, correct?

IMM 0008DEP – Additional Dependants/Declaration Form
If I have no additional dependants, do I need to include this form in my application? Or should I just fill “N/A” for all boxes and sign my name in Consent and Declaration of Applicant section?

IMM 5406 – Additional Family Information
Section A – My wife is my spouse and my sponsor at the same time. Do I need to include her information in this section?

IMM 5285 – Spouse/Common-Law Questionnaire
Q5. Are you in a common-law relationship? - I just got married with my wife for less than a month. I believe that I should choose “No” for this question, although I spent past 6 years living with her. Correct?

Q6a. Was your marriage arranged? – I am a bit confused about this question. My wife and I were agreed to get married and we did prepare for the wedding ceremony by ourselves and with helps of a wedding planning company. Is “No” the best answer to this question?

General Questions
Q1a. According to CIC, I do not need to include Police Certificate from Hong Kong Police with my application. Instead, I need to wait for a requesting letter from CIC after submitting my application, and then send it back to Hong Kong Police Department. Is it really true coz I don’t want to cause any delay to the processing time?

Q1b. Do I need to get Police Certificate from Canada (i.e. RCMP in my case) and include it in the application package? How long does it take to get the police certificate from RCMP?

Q2. Although I am a Hong Kong citizen, I was born in China and I am holding Chinese birth certificate. Where do I find an eligible translator in BC to translate my Chinese birth certificate into English?

Q3. I know that outland application is much faster in terms of processing time. The main drawback of using outland application is that I won’t get an open work permit. However, I have post-grad work permit that is valid until Oct 2017 anyway meaning that I can still work and live in Canada while I wait for the result from CIC. Would it be wiser to apply outland instead of inland? Is it true that the success rate for Inland application is much higher than outland application?

Q4. Can I travel (e.g. to U.S./Asia) if I used inland application and waiting for the result from CIC?

Thank you so much for your help.

 

[canuck_in_uk]

Hi

IMM 5481 - If you apply this month, she needs to include her income from November 2014 to present.

IMM 0008 - Pick any date and explain on a separate sheet. You can remove the dependents section.

IMM 0008DEP - You don't need to include it.

IMM 5406 - Yes, you include her on this form.

IMM 5285 - The answer is "No". Your marriage was not arranged.


1a. You must wait for the request letter.

1b. No, you don't need an RCMP certificate.

2. Google.

3. Yes, you should definitely be applying outland.

4. No. If you apply inland, you are not supposed to leave Canada during the process.

 

[tofuboi]

Welcome to the forum. I recommend sponsoring OUTLAND. I also answered your questions as best as I can in bold below.

I am also a sponsor for my Hong Kong wife. Join us in the Hong Kong Thread.
http://www.canadavisa.com/canada-immigration-discussion-board/hong-kong-timeline-t82193.1875.html

Hello everyone,
I am applying PR using spousal sponsorship, and there are some questions on application forms that I need hints from you. Please help.

Background
I am the main applicant (sponsored person), and my wife is the sponsor.
I come from Hong Kong and I am holding a post-grad work permit with expiry date until Oct 2017, while my wife has been a naturalized Canadian citizen (She is from Hong Kong too) since 2010. We have been together for 9 years (3-year long-distance relationship + 6-year studying, working and living in Canada). We just got married in Vancouver with no children in Oct 2015, and now I am preparing inland spousal sponsorship hoping that I can submit the application package by the end of this year.

There is a couple of questions that I encounter when I filling the forms, please give me suggestions and your advices will be much appreciated.

IMM 5481 – Sponsorship Evaluation
Q3. Your net personal income – My wife should just calculate her 12-month income after tax prior the date of the application rather than copying the net income number from her Notice of Assessment/Option-C printout. Correct? I just used what my Notice of Assessment said, then included it as proof. Again, it says 12 month period, and doesn't specify which month to start, so Jan-Dec ia easiest, which is also on the NOA

*Also, how long does it usually take to receive Option-C printout and all income slips from CRA? 10 business days for me

IMM 0008 – Generic Application Form for Canada
National Identity Document: Q5. Expiry Date – I have a Hong Kong Identity card with no expiry date. What should I type on this box? Type N/A

Dependant(s): My mother, father, and older brother are living in Hong Kong. They have no intention to immigrate to Canada in near future (let say in 5 – 10 years), and my wife is sponsoring me only to be PR in Canada. So I should basically remove this section in the application form, correct? Dependent would be your wife ONLY, it's stupid how they require you to put that on. My application got rejected because I didn't put myself on there

IMM 0008DEP – Additional Dependants/Declaration Form
If I have no additional dependants, do I need to include this form in my application? Or should I just fill “N/A” for all boxes and sign my name in Consent and Declaration of Applicant section? Correct

IMM 5406 – Additional Family Information
Section A – My wife is my spouse and my sponsor at the same time. Do I need to include her information in this section? Yes

IMM 5285 – Spouse/Common-Law Questionnaire
Q5. Are you in a common-law relationship? - I just got married with my wife for less than a month. I believe that I should choose “No” for this question, although I spent past 6 years living with her. Correct? Correct
Q6a. Was your marriage arranged? – I am a bit confused about this question. My wife and I were agreed to get married and we did prepare for the wedding ceremony by ourselves and with helps of a wedding planning company. Is “No” the best answer to this question? Arranged marriage is unheard of in Chinese culture as far as I know. It would mean you've never met each other before, and your parents and your wife's parents "arranged" you and your wife to get married starting day 1 when you meet. No would be the correct answer

General Questions
Q1a. According to CIC, I do not need to include Police Certificate from Hong Kong Police with my application. Instead, I need to wait for a requesting letter from CIC after submitting my application, and then send it back to Hong Kong Police Department. Is it really true coz I don’t want to cause any delay to the processing time? HK Police requires a request from CIC mailed to you before they process the police clearance letter. So it's best to wait for the request because HK Police sends the report back to CIC directly

Q1b. Do I need to get Police Certificate from Canada (i.e. RCMP in my case) and include it in the application package? How long does it take to get the police certificate from RCMP? If you've been here longer than a year, then yes, get the RCMP clearance certificate. Takes about 7 business days

Q2. Although I am a Hong Kong citizen, I was born in China and I am holding Chinese birth certificate. Where do I find an eligible translator in BC to translate my Chinese birth certificate into English? Sorry not sure about this

Q3. I know that outland application is much faster in terms of processing time. The main drawback of using outland application is that I won’t get an open work permit. However, I have post-grad work permit that is valid until Oct 2017 anyway meaning that I can still work and live in Canada while I wait for the result from CIC. Would it be wiser to apply outland instead of inland? Is it true that the success rate for Inland application is much higher than outland application? Yes outland is ALOT faster. My case took 11 months from start to finish, so say if you submitted your application TODAY, your application should be done by Nov 2016 unless something odd comes up, which long before your open work permit expires. I am not sure about the success rate, but there is NO appeal process for inland. Once they made their decision, that's it. Outland has appeal process which you can prove your relationship is genuine if something comes up. It also allows you to leave Canada without jeopardizing your outland application while inland has that risk.

Q4. Can I travel (e.g. to U.S./Asia) if I used inland application and waiting for the result from CIC? Yes and no. It's not recommended because there is a chance CBSA can reject you from entering Canada for whatever reason. You can travel if you 100% believe you will be ok coming back in to the country.

Thank you so much for your help.

 

[canuck_in_uk]

IMM 5481 – Sponsorship Evaluation
Q3. Your net personal income – My wife should just calculate her 12-month income after tax prior the date of the application rather than copying the net income number from her Notice of Assessment/Option-C printout. Correct? I just used what my Notice of Assessment said, then included it as proof. Again, it says 12 month period, and doesn't specify which month to start, so Jan-Dec ia easiest, which is also on the NOA

Yes, it does specify. From the guide: Write your net personal income for the 12 months preceding the date of your application. If you apply in June 2015, you calculate income from June 2014-June 2015. If you apply in Nov 2015, you calculate from Nov 2014-Nov 2015.

IMM 0008 – Generic Application Form for Canada

Dependant(s): My mother, father, and older brother are living in Hong Kong. They have no intention to immigrate to Canada in near future (let say in 5 – 10 years), and my wife is sponsoring me only to be PR in Canada. So I should basically remove this section in the application form, correct? Dependent would be your wife ONLY, it's stupid how they require you to put that on. My application got rejected because I didn't put myself on there

Wrong. The sponsor is not included as a dependent in the application. As stated in the guide, the sponsor is not a family member for the purposes of this application. It is also specified directly on the form under "Dependents": You must include your spouse or common-law partner, if applicable, and all of your dependent children, and those of your spouse or common-law partner, who are not already permanent residents or citizens of Canada.

Q1b. Do I need to get Police Certificate from Canada (i.e. RCMP in my case) and include it in the application package? How long does it take to get the police certificate from RCMP? If you've been here longer than a year, then yes, get the RCMP clearance certificate. Takes about 7 business days

Again, wrong. Directly from the website http://www.cic.gc.ca/english/information/security/police-cert/north-america/canada.asp: Do I need to provide a Police Certificate with my Application for Permanent Residence? No

Q4. Can I travel (e.g. to U.S./Asia) if I used inland application and waiting for the result from CIC? Yes and no. It's not recommended because there is a chance CBSA can reject you from entering Canada for whatever reason. You can travel if you 100% believe you will be ok coming back in to the country.

Note that there is never a 100% guarantee that a temporary resident would be admitted to Canada, regardless of what status or permit they hold.

 

[canadianwoman]

If you want to travel outside of Canada during the processing of your application, apply outland.

 

[tofuboi]

Yes, it does specify. From the guide: Write your net personal income for the 12 months preceding the date of your application. If you apply in June 2015, you calculate income from June 2014-June 2015. If you apply in Nov 2015, you calculate from Nov 2014-Nov 2015.

Ok, if she own's her own business or doesn't have a full time job sure, but if they are full time employed at a company, a letter from the company stating the status of the employee, hours worked, and annual wage + notice of assessment is enough.

Under outland checklist it says:
"If you are employed. provide an original letter from your current employer stating your period of employment, salary and regular hours per week AND/OR

Proof of income
For the 12 months prceding the date of your sponsorship, if you....:
-Are the sole owners of, or partners in an unincorporated business."

The OR makes it optional. Under the inland package, the 12 months preceding the application is required only if they are not submitting an Option C within the most recent tax year

Again, wrong. Directly from the website http://www.cic.gc.ca/english/information/security/police-cert/north-america/canada.asp: Do I need to provide a Police Certificate with my Application for Permanent Residence? No

I've included it with my application. Nothing wrong with that. Speed up processing time if you as me.

It also says from here: "When you apply to become a permanent resident, you must get a police certificate."
http://www.cic.gc.ca/english/information/security/index.asp"

For outland,
From IMM3903, specific to Hong Kong
POLICE CERTIFICATES AND CLEARANCES
You must submit original police certificates of good conduct or clearances from each country in
which you and each of your family members aged 18 years or over have resided six continuous
months or more since reaching 18 years of age. You must attach the original police certificate(s)
to the application. If the original certificate is neither in English nor in French, submit both, the
certificate and the original copy of a translation prepared by an accredited translator.

 

[Rob_TO]

I've included it with my application. Nothing wrong with that. Speed up processing time if you as me.

It also says from here: "When you apply to become a permanent resident, you must get a police certificate."
http://www.cic.gc.ca/english/information/security/index.asp"

For outland,
From IMM3903, specific to Hong Kong
POLICE CERTIFICATES AND CLEARANCES
You must submit original police certificates of good conduct or clearances from each country in
which you and each of your family members aged 18 years or over have resided six continuous
months or more since reaching 18 years of age. You must attach the original police certificate(s)
to the application. If the original certificate is neither in English nor in French, submit both, the
certificate and the original copy of a translation prepared by an accredited translator.

You need to keep reading, as it goes on to say:
However, if you have lived in Canada, at this time you are only required to indicate it on the
Schedule 1 Background/Declaration Form (IMM 0008). You will be notified by the visa office during
the processing of your application if you are required to submit a police certificate from Canada.

Also from the general outland guide: http://www.cic.gc.ca/english/information/applications/guides/3999Etoc.asp
Police certificates
You and your family members who are 18 years of age and older and are not permanent residents or Canadian citizens must provide a valid police certificate for each country other than Canada, in which you have spent six or more months since the age of 18.

A police/RCMP certificate from Canada is not required with your application, and CIC specifically tells you not to send it. It did not speed up anything in your application. You should not recommend that people do one because it's a complete waste of money, time and effort.

 

[tofuboi]

You need to keep reading, as it goes on to say:
However, if you have lived in Canada, at this time you are only required to indicate it on the
Schedule 1 Background/Declaration Form (IMM 0008). You will be notified by the visa office during
the processing of your application if you are required to submit a police certificate from Canada.

Also from the general outland guide: http://www.cic.gc.ca/english/information/applications/guides/3999Etoc.asp
Police certificates
You and your family members who are 18 years of age and older and are not permanent residents or Canadian citizens must provide a valid police certificate for each country other than Canada, in which you have spent six or more months since the age of 18.

A police/RCMP certificate from Canada is not required with your application, and CIC specifically tells you not to send it. It did not speed up anything in your application. You should not recommend that people do one because it's a complete waste of money, time and effort.

It's not a waste of time. My wife has been in Canada as a visa student from 2009-2014, then switched to Visitor Permit from 2015 till now. She has only went back to HK for 1 month in Nov 2013.

HKVO still asked for a RCMP check.

> Police Certificate: From each country/state where the residence period has been six months or longer since the age of 18, provide an original police clearance certificate from Hong Kong. This must be received at this office by: 2015/09/05
> RCMP Criminal Record Check: If your residence period in Canada has been six months or longer since the age of 18, provide a certified criminal record check. This must be received at this office by: 2015/09/05

Perhaps other VOs are different, but if you look over the HKVO thread, many have been asked to do the same thing.

 

[canuck_in_uk]

Under outland checklist it says:
"If you are employed. provide an original letter from your current employer stating your period of employment, salary and regular hours per week AND/OR

Proof of income
For the 12 months prceding the date of your sponsorship, if you....:
-Are the sole owners of, or partners in an unincorporated business."

??

What you are quoting has nothing to do with the question on IMM5481.

It's not a waste of time. My wife has been in Canada as a visa student from 2009-2014, then switched to Visitor Permit from 2015 till now. She has only went back to HK for 1 month in Nov 2013.

HKVO still asked for a RCMP check.

Some people are asked for an RCMP check but it is not common and there is no need to advise people to get one.

 

[MA108]

Thank you guys. I really appreciate your suggestions.

I am now filling the outland application. I will let you know if there is any question. Thanks again