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Inland spousal application query

G Deep

Star Member
May 15, 2019
55
11
Hi,

I am preparing an Inland spousal application for my wife, who is currently on a tourist visa here and I am a Canadian PR. I have couple of queries, would be really helpful is someone could reply to those soon:

1) I am also submitting an Open Work Permit (OWP) application. Do we need to fill the form "Statutory Declaration of Common-Law Union [IMM 5409]" as well? I am already submitting my marriage certificate.

2) In some of the forms (like eimm5669e), the heading is like: "The principal applicant, his or her spouse or common-in-law partner, if applicable, and all dependent children aged 18 years or older listed in the application of PR must complete their own copy of this form"

In our case, I am sponsoring my wife for her PR, so do I (spouse) also need to fill my copy of these forms?

3) In the form imm0008enu_2d, under the "DEPENDANT(S)" section, do we need to add my wife's father, mother and brother as dependents (they are not accompanying her to Canada)?

Also, it mentions that "..you should include your Spouse, if applicable..", so should I (Spouse) need to enter myself as a dependent?

4) I am preparing the application on m own. However, I wanted to get it reviewed from an immigration consultant/lawyer just before submitting it. Can any give me the contact details of any good consultant who would provide this service?

Thanks in advance for your help.
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,248
Canada
1. If you're married, you're not common-law. You can't provide that statutory declaration. You will provide your marriage certificate.

2. I do not believe you need to fill this out - you are the sponsor. But verify that with other responses as I am not 100% certain.

3. They are not her dependents.

4. The law firm that hosts this forum is a good place to start.
 
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G Deep

Star Member
May 15, 2019
55
11
1. If you're married, you're not common-law. You can't provide that statutory declaration. You will provide your marriage certificate.

2. I do not believe you need to fill this out - you are the sponsor. But verify that with other responses as I am not 100% certain.

3. They are not her dependents.

4. The law firm that hosts this forum is a good place to start.

Thanks a lot for your quick reply. It is very helpful in providing the required clarity.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
Hi,

I am preparing an Inland spousal application for my wife, who is currently on a tourist visa here and I am a Canadian PR. I have couple of queries, would be really helpful is someone could reply to those soon:

1) I am also submitting an Open Work Permit (OWP) application. Do we need to fill the form "Statutory Declaration of Common-Law Union [IMM 5409]" as well? I am already submitting my marriage certificate.

2) In some of the forms (like eimm5669e), the heading is like: "The principal applicant, his or her spouse or common-in-law partner, if applicable, and all dependent children aged 18 years or older listed in the application of PR must complete their own copy of this form"

In our case, I am sponsoring my wife for her PR, so do I (spouse) also need to fill my copy of these forms?

3) In the form imm0008enu_2d, under the "DEPENDANT(S)" section, do we need to add my wife's father, mother and brother as dependents (they are not accompanying her to Canada)?

Also, it mentions that "..you should include your Spouse, if applicable..", so should I (Spouse) need to enter myself as a dependent?

4) I am preparing the application on m own. However, I wanted to get it reviewed from an immigration consultant/lawyer just before submitting it. Can any give me the contact details of any good consultant who would provide this service?

Thanks in advance for your help.
1. You aren't common-law.

2. No.

3. No.
 
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G Deep

Star Member
May 15, 2019
55
11
Hi guys,

Some more queries:

1) As I told before that I am sponsoring my wife for PR and also applying for an OWP for her. In the Document checklist 5556e, is the section "IF YOU ARE A SPOUSE OR COMMON LAW PARTNER OF AN OPEN WORK PERMIT HOLDER OR A SKILLED WORKER" valid for me? I am a PR and this section only refers to spouse with an open work permit. Do I need to submit my employment document?

2) Another question in the OWP form 5710e is to tell the "Duration of expected employment". My wife does not have a job right now. What should we fill here?

3) My wife has Canada visitor visa and she gave biometrics for the same last year in India. Does she need to give biometrics again for this Inland application?

Thanks in advance.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
Hi guys,

Some more queries:

1) As I told before that I am sponsoring my wife for PR and also applying for an OWP for her. In the Document checklist 5556e, is the section "IF YOU ARE A SPOUSE OR COMMON LAW PARTNER OF AN OPEN WORK PERMIT HOLDER OR A SKILLED WORKER" valid for me? I am a PR and this section only refers to spouse with an open work permit. Do I need to submit my employment document?

2) Another question in the OWP form 5710e is to tell the "Duration of expected employment". My wife does not have a job right now. What should we fill here?

3) My wife has Canada visitor visa and she gave biometrics for the same last year in India. Does she need to give biometrics again for this Inland application?

Thanks in advance.
1. No.

2. N/A.

3. No.
 
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G Deep

Star Member
May 15, 2019
55
11
Thanks for the helpful response guys.

I was going through the guide (IMM 5289) given on the CIC website and I got confused by the following lines:

"If you’re applying for permanent residence in Canada, you must declare all of your family members. There are no exceptions to this requirement.
Family members who aren’t declared and examined are excluded from the family class, which means you can’t sponsor them at a later date. If a
permanent resident doesn’t declare all their family members on their application, they could risk losing their permanent resident status.
"

I got confused by the term "family members". I thought it includes parents or brother as well. However, the definition of "family members" given on the website says "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".

Does this mean that we don't need to declare our parents/brother and it requires to only declare dependent children? I am a bit worried about this clause because it says that if we don't declare our family members now, we won't be able to sponsor them in future! Please help in clarifying this doubt and let me know whom I need to declare as family members. Thanks in advance.
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,248
Canada
Thanks for the helpful response guys.

I was going through the guide (IMM 5289) given on the CIC website and I got confused by the following lines:

"If you’re applying for permanent residence in Canada, you must declare all of your family members. There are no exceptions to this requirement.
Family members who aren’t declared and examined are excluded from the family class, which means you can’t sponsor them at a later date. If a
permanent resident doesn’t declare all their family members on their application, they could risk losing their permanent resident status.
"

I got confused by the term "family members". I thought it includes parents or brother as well. However, the definition of "family members" given on the website says "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".

Does this mean that we don't need to declare our parents/brother and it requires to only declare dependent children? I am a bit worried about this clause because it says that if we don't declare our family members now, we won't be able to sponsor them in future! Please help in clarifying this doubt and let me know whom I need to declare as family members. Thanks in advance.
Parents and siblings are not family members for that part of the form. They are listed in the additional family members section of another form. You would theoretically still be able to sponsor parents in the future.
 
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G Deep

Star Member
May 15, 2019
55
11
One last query..

In the form 0008, it asks for "National Identity Document". I and my wife are from India, so what would this be for my wife? Would my wife's Indian passport be considered a National Identity Document?

Thanks.
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,248
Canada
One last query..

In the form 0008, it asks for "National Identity Document". I and my wife are from India, so what would this be for my wife? Would my wife's Indian passport be considered a National Identity Document?

Thanks.
A passport for international use is not a national identity document. Some countries have internal ID cards - national ID cards, internal passports, etc., in China it's either your national ID card or your hukou, for example - those are national identity documents.

If India does not have a document like this, it's N/A for you.
 
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Shanghai911

Star Member
May 19, 2019
59
38
Hi guys, thanks for those anwsers as i had almost the same when i filled my documents I would have a couple more question if you don't mind. My fiance has been living with me from december 2018 to march 2019, now she traveled back to indonesia to prepare our wedding, and will be back in canada with me in july. Can we apply inland as husband and wife already living together ? And if yes :

1-What can we provide as a proof for living together ? Joint account ? is a temporary resident is allowed to request a joint account with me ? otherwise they request (Rental agreement, vehicule insurance, driver licence , other bills ) how can a temporary resident can own such a document ?

2-WHen does the imply status kicks in? when we receive AOR ? means from that day she won't need to leave the country until a final decision has been made ? (we also will request an Open Work Permit with the application)

3-If I submit multiple receipt of Western union transaction will it be accepted as evidence of financial support ?

Thanks for your help
 

k.h.p.

VIP Member
Mar 1, 2019
8,810
2,248
Canada
Hi guys, thanks for those anwsers as i had almost the same when i filled my documents I would have a couple more question if you don't mind. My fiance has been living with me from december 2018 to march 2019, now she traveled back to indonesia to prepare our wedding, and will be back in canada with me in july. Can we apply inland as husband and wife already living together ? And if yes :

1-What can we provide as a proof for living together ? Joint account ? is a temporary resident is allowed to request a joint account with me ? otherwise they request (Rental agreement, vehicule insurance, driver licence , other bills ) how can a temporary resident can own such a document ?

2-WHen does the imply status kicks in? when we receive AOR ? means from that day she won't need to leave the country until a final decision has been made ? (we also will request an Open Work Permit with the application)

3-If I submit multiple receipt of Western union transaction will it be accepted as evidence of financial support ?

Thanks for your help
1. Joint account, name on lease, mail received at your address for her name. Put her on all your utility bills. Etc. Talk to your bank - temporary residents are indeed permitted to have bank accounts.

2. Implied status kicks in from the date you submitted the OWP application until the decision on the OWP is made.

3. Probably. Make sure you explain what the transactions were for to demonstrate financial support.
 
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