IMM5540 - Sponsor Question 'have you resided in countries other than Canada'

[ted1966]

Good evening everyone. I will be sponsoring my wife soon, and had a question about form IMM5540 - have you resided in countries other than Canada.

In may of 2010, I was found to be inadmissible to the US. I was labeled an intending Immigrant. I had been unemployed for several months previous, and lived with my sister and brother in law in Massachusetts for 6 months, during which time my sister had started a sponsorship application for me to stay in the US. Just before the 6 months was up, I came back to Canada (I'm a Canadian citizen) for my older daughters graduation. When I tried to fly back to the US, I was turned away at YVR by US Customs, hence the intending immigrant status. (I was not supposed to leave the country while the process was ongoing).

Forward to today. After being denied entry, I soon found full time work back in Canada, and I've worked for the same employer ever since. The application to the US was dropped.

Question is, should I say yes to having resided in the US for those 6 months? Apart from those 6 months, I've spent my entire life in Canada.

Hopefully my issues with the US will not affect my sponsoring of my wife from Asia...

 

[canuck_in_uk]

Good evening everyone. I will be sponsoring my wife soon, and had a question about form IMM5540 - have you resided in countries other than Canada.

In may of 2010, I was found to be inadmissible to the US. I was labeled an intending Immigrant. I had been unemployed for several months previous, and lived with my sister and brother in law in Massachusetts for 6 months, during which time my sister had started a sponsorship application for me to stay in the US. Just before the 6 months was up, I came back to Canada (I'm a Canadian citizen) for my older daughters graduation. When I tried to fly back to the US, I was turned away at YVR by US Customs, hence the intending immigrant status. (I was not supposed to leave the country while the process was ongoing).

Forward to today. After being denied entry, I soon found full time work back in Canada, and I've worked for the same employer ever since. The application to the US was dropped.

Question is, should I say yes to having resided in the US for those 6 months? Apart from those 6 months, I've spent my entire life in Canada.

Hopefully my issues with the US will not affect my sponsoring of my wife from Asia...

Yes, you need to tell them you were living in the US. It will not affect sponsoring your wife. Lying to CIC WILL affect it, in a very negative way.

 

[canadianwoman]

Agreed. Do not lie about this. Telling the truth will not hurt your sponsorship of your wife. If they find out you did not tell them the truth, that might hurt your sponsorship.

 

[ted1966]

Thank you, I wasn't sure since a visa to the US is not required for 6 months or less (I was just under 6 months)

Unfortunately I was told by the CIC that inadmissibility to the US under section 212(a)(7)(A)(i)(l) (voluntarily withdrawn, not ordered removed) will disqualify me from sponsoring my wife to Canada, even though I was allowed by the CBP to withdraw my application for admission. The US will always now consider me an intending immigrant, unless I prove otherwise - which could take years, or never happen.

Also, to clarify for others, I searched this forum for an answer to form IMM1344 Number 14 - "Are you the subject of a report on inadmissibility" Advice given was that you check the "No" box if you are a born in Canada citizen. "Yes" if you are naturalized or other.

CIC says you must check yes regardless of being born in Canada, if you are inadmissible to any country, period.

 

[canuck_in_uk]

Thank you, I wasn't sure since a visa to the US is not required for 6 months or less (I was just under 6 months)

Unfortunately I was told by the CIC that inadmissibility to the US under section 212(a)(7)(A)(i)(l) (voluntarily withdrawn, not ordered removed) will disqualify me from sponsoring my wife to Canada, even though I was allowed by the CBP to withdraw my application for admission. The US will always now consider me an intending immigrant, unless I prove otherwise - which could take years, or never happen.

Also, to clarify for others, I searched this forum for an answer to form IMM1344 Number 14 - "Are you the subject of a report on inadmissibility" Advice given was that you check the "No" box if you are a born in Canada citizen. "Yes" if you are naturalized or other.

CIC says you must check yes regardless of being born in Canada, if you are inadmissible to any country, period.

Check "No".

The question pertains only to admissibility to Canada. You are Canadian, therefore you are not inadmissible.

The forms are generic, for sponsors that are both Canadian citizens and Canadian Permanent Residents. Some questions, like the inadmissibility one, are just for sponsors that are PRs.


If you have a look in the guide 3900, under "Suspension of Process", it says

If any of the proceedings listed below apply to you and you submit a sponsorship application to the Case Processing Centre in Mississauga (CPC-M), your application will not be processed until a final decision on that proceeding is made.

- You are subject to a report that would render you inadmissible to Canada


Don't ever trust the answers given by the CIC call centre.

 

[canadianwoman]

Unfortunately I was told by the CIC that inadmissibility to the US under section 212(a)(7)(A)(i)(l) (voluntarily withdrawn, not ordered removed) will disqualify me from sponsoring my wife to Canada, even though I was allowed by the CBP to withdraw my application for admission.

I cannot believe this. Maybe the call center agent misunderstood your situation.
Explaining the situation on a separate sheet of paper to be attached to the forms should be enough. That is, if you check yes, do not just leave that unexplained. Explain that you are a Canadian citizen and that you were found inadmissable to the USA.
In any case, I would at least try sponsoring. If they refuse to approve you as a sponsor, you will find out fairly quickly and will only be out 75$.

 

[canuck_in_uk]

I cannot believe this. Maybe the call center agent misunderstood your situation.
Explaining the situation on a separate sheet of paper to be attached to the forms should be enough. That is, if you check yes, do not just leave that unexplained. Explain that you are a Canadian citizen and that you were found inadmissable to the USA.
In any case, I would at least try sponsoring. If they refuse to approve you as a sponsor, you will find out fairly quickly and will only be out 75$.

The OP needs to simply check "No" and that's the end of it, no explanation is necessary.

 

[taffy7]

I am looking at this form and it does say have you resided in any other country than Canada ... it doesn't say anything about being a citizen or a P.R. or Canadian born .. if i was him i would just check no , he didn't reside in the U.S .

 

[ted1966]

I thought, as suggested that maybe the person at CIC misunderstood what I was trying to ask her, so I called again this morning and got the same answer from a different person at the help center. On the Application to sponsor - IMM1344 box 17 'are you the subject of a report on inadmissibility', he said the same. Regardless if I am a born in Canada citizen, and I am currently inadmissible to the US, I must check yes and provide details of the inadmissibility, although he didn't go as far to say it would disqualify my spousal application.

I don't want to risk complications so I've scheduled an appointment with an immigration lawyer next week. Hopefully he will agree with the opinion of those here. I've been in a long distance relationship for 5 years and finally married a year ago. It would be hard for both of us if she can't come here because of poor personal decisions made by me in the past.

Thanks for your help.

 

[taffy7]

I thought, as suggested that maybe the person at CIC misunderstood what I was trying to ask her, so I called again this morning and got the same answer from a different person at the help center. On the Application to sponsor - IMM1344 box 17 'are you the subject of a report on inadmissibility', he said the same. Regardless if I am a born in Canada citizen, and I am currently inadmissible to the US, I must check yes and provide details of the inadmissibility, although he didn't go as far to say it would disqualify my spousal application.

I don't want to risk complications so I've scheduled an appointment with an immigration lawyer next week. Hopefully he will agree with the opinion of those here. I've been in a long distance relationship for 5 years and finally married a year ago. It would be hard for both of us if she can't come here because of poor personal decisions made by me in the past.

Thanks for your help.

Don't beat yourself up . I just read the question on IMM1344 # 17 . Yes you do have to answer yes . However i don't believe this will affect your sponsorship . You didn't commit any crime. Keep us informed please .

 

[canuck_in_uk]

I thought, as suggested that maybe the person at CIC misunderstood what I was trying to ask her, so I called again this morning and got the same answer from a different person at the help center. On the Application to sponsor - IMM1344 box 17 'are you the subject of a report on inadmissibility', he said the same. Regardless if I am a born in Canada citizen, and I am currently inadmissible to the US, I must check yes and provide details of the inadmissibility, although he didn't go as far to say it would disqualify my spousal application.

I don't want to risk complications so I've scheduled an appointment with an immigration lawyer next week. Hopefully he will agree with the opinion of those here. I've been in a long distance relationship for 5 years and finally married a year ago. It would be hard for both of us if she can't come here because of poor personal decisions made by me in the past.

Thanks for your help.

This forum is full of people who have had a lot of problems due to incorrect advice by lawyers and consultants. You should save your money.

Though the guide doesn't explain clearly, as I quoted in my previous post, it does state the application won't be processed if "You are subject to a report that would render you inadmissible to Canada". You are not inadmissible to enter Canada and your immigration status in the US has no bearing on your right to sponsor your partner to come to our country.

 

[SenoritaBella]

I agree with canuck_in_uk. You are a Canadian citizen by birth, and therefore can not be "subject to a report that would render you inadmissible to Canada. Think about it, if that were possible, where would you go then? lol
So the answer to this question should be 'No'. If you are still concerned, attach a cover letter and explain the circumstances of the US matter.

The admissibility in the US is similar to someone being refused a study/work/visitor visa in Canada. If the question asks whether you have ever

People who can become "subject to a report that would render them inadmissible to Canada" are:
1. permanent residents who have failed to comply with residency obligations and have been reported by CBSA
2. permanent residents who have been convicted of crimes with sentences of over 6 months
3. permanent residents or naturalized citizens who obtained their status fraudulently
4. naturalized citizens who have committed war crimes, terrorism, crimes against humanity, etc . Even so, the gov't has to go through parliament to revoke their citizenship which is not easy. Also, their former 'home country' may not be willing to accept them back either, so Canada gets to keep their 'undesirable' citizen. lol
In each case, CIC will send a letter stating same and the person will have a chance to appeal in some instances.

That call centre is bonkers.. .they just piece together words and make unfounded declarations. I wouldn't trust their advice unless they can send you actual information from CIC's website.

 

[taffy7]

Question 17 asked if you are inadmissible to any country ... can someone clear this up for me to please . Not that i am ,but i may have given him the wrong answer , which if i did i want to be told .. please .

 

[SenoritaBella]

Question 17 of which form??

Question 17 asked if you are inadmissible to any country ... can someone clear this up for me to please . Not that i am ,but i may have given him the wrong answer , which if i did i want to be told .. please .

 

[canuck_in_uk]

Question 17 asked if you are inadmissible to any country ... can someone clear this up for me to please . Not that i am ,but i may have given him the wrong answer , which if i did i want to be told .. please .

The question doesn't say any country, it just doesn't specify Canada. From my previous post:


If you have a look in the guide 3900, under "Suspension of Process", it says

If any of the proceedings listed below apply to you and you submit a sponsorship application to the Case Processing Centre in Mississauga (CPC-M), your application will not be processed until a final decision on that proceeding is made.

- You are subject to a report that would render you inadmissible to Canada


This applies only to sponsors that are PRs, as explained nicely by SenoritaBella's list in her previous post