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PR Application for my son's Sponsorship RETURNED! PLEASE HELP!

CanadaResident1

Star Member
Oct 12, 2015
54
0
Hi Team,

My sponsorship application for my new born son got returned.

Below is the content of the letter that I received along with the returned application package:
------------------------------------------------------------------------------------------------------------------------------------------------------------------
Dear Sir/Madam:
We are returning your submission, including all the supporting documents you included, as it does not meet the requirements for processing.

An application must meet the requirements of sections 10 and 11 of the Immigration and Refugee Protection Regulations (IRPR) to be accepted for processing. Section 12 of the IRPR states: if the requirements of sections 10 and 11 are not met, the application and all the documents submitted in support of the application shall be returned to the applicant.

In addition, Ministerial Instructions were given in December 15, 2016 pursuant to section 87.3 of the Immigration and Refugee Protection Act (IRPA), required that applications made by sponsored spouses, common-law partners, conjugal partners and dependent children, as well as the associated sponsorship applications, meet certain conditions to be accepted for processing. Any application which does not meet the conditions established in the instructions must also be returned.

The forms required by part A of the applicable Document Checklist (see how below) are needed to satisfy section 12 of the IRPR, whereas the supporting documents required by part B of the document checklist must be included to meet the conditions established by the Ministerial Instructions.

.......

To help you understand why your application is being returned and not processed, either pursuant to section 12 of the Regulations, and/or for not meeting the conditions established by the Ministerial Instructions, we have noted the reason o n the following enclosed attachment:
"Document Checklist - Dependent Child" [IMM 5534]


And, when I checked IMM 5534, I found the below line highlighted:

"If you are a minor child and you are being sponsored by only one of your parents, your other parent must complete the Declaration from non-accompanying parent/guardian for minors immigration to Canada (IMM 5604) form and also submit a copy of an identity document. The parent's signature must appear on the identity document."

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I didn't submit IMM 5604 because my spouse and I would be travelling together to Canada along with my son. So, either of the parents would not be travelling alone with my son to Canada.

So, as this is the case, would it be okay to explain as below in a Letter Of Explanation in the package. Need your advise on this.
"I have not submitted the form IMM5604, the reason being, my wife and I will be travelling together to Canada along with my son after he gets the sponsorship. Hereby, I assure that either of the parents will not be travelling alone to Canada with my son."


Secondly, could you also tell if other documents in my application package would be checked or they would be put on hold immediately after finding that IMM 5604 is not present in my package.


I don't want to miss anything else before I submit the application again. Kindly clarify me on these queries.

Thank you a million in advance.
 

Aquakitty

VIP Member
Mar 21, 2011
3,015
162
BC
Category........
FAM
Visa Office......
Ottawa
App. Filed.......
04-03-2015
AOR Received.
14-04-2015 - SA Received: 20-04-2015
Med's Done....
28-01-2015 Upfront
Interview........
Waived
Passport Req..
N/A
VISA ISSUED...
25-06-2015
LANDED..........
11-07-2015
Is your spouse not included as a sponsor on the forms? If you made it seem like you are the only one sponsoring, then that's probably why they requested this form.
 

scylla

VIP Member
Jun 8, 2010
92,947
20,549
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Based on your previous posts, you and your wife are both PRs. Are both of you currently outside of Canada? If so, you cannot sponsor your son from outside of Canada. One of you needs to travel to Canada to submit the sponsorship application and then remain in Canada while the application is being processed.

So if one of you is in Canada and the other is outside of Canada with your child, this means your child will be traveling with only one parent to come to Canada once PR is approved.
 

IuliaMB

Full Member
Mar 13, 2017
25
1
It doesn't matter that your wife will travel at the same time with your son, this is your application to sponsor the child so unless your wife is included on the application as a co-sponsor you need her to fill out that form and sign it along with the identity document as they asked.

Are you and your wife both residing outside of Canada? If so, you might not qualify as sponsors unless you are citizens and not Permanent Residents.
 

CanadaResident1

Star Member
Oct 12, 2015
54
0
Hi All,

Thank you for your replies.

Scylla,
Yes, my wife and I are PRs. My wife is not a co-sponsor.

I am in Canada and my wife is along with my son back in the homecountry. Once my son's PR is approved, I would be definitely going to home and bring my son and wife together to Canada. In this situation, should I submit this form IMM 5604 now?

Please clarify.

Thank you in advance.:)
 

IuliaMB

Full Member
Mar 13, 2017
25
1
CanadaResident1 said:
Hi All,

Thank you for your replies.

Scylla,
Yes, my wife and I are PRs. My wife is not a co-sponsor.

I am in Canada and my wife is along with my son back in the homecountry. Once my son's PR is approved, I would be definitely going to home and bring my son and wife together to Canada. In this situation, should I submit this form IMM 5604 now?

Please clarify.

Thank you in advance.:)
Yes, resubmit the application with the requested documents as well. For peace of mind, you can include a letter explaining your situation and that your wife is already a PR. I hope she is not in breach of the rule that says she must spend 3 out of 5 years in Canada?
 

trikiliki

Star Member
Dec 1, 2016
181
27
Toronto
Category........
Visa Office......
PARIS
Job Offer........
Pre-Assessed..
App. Filed.......
23/08/2016
AOR Received.
22/09/2016
File Transfer...
22/09/2016
Med's Done....
PASSED UPFRONT
Interview........
RECOMMENDED
Passport Req..
...
VISA ISSUED...
...
LANDED..........
...
You can not submit from outside of Canada and you have to be living here throughout the duration of your son's application processing. No way around that, not with an explanation letter or otherwise.