Statutory Question help please

[SaaZ77]

Hello members,

I have a query if anyone can help please.

My husband has previously applied for Canada Immigration as Principal applicant and me and my son as dependents around 8 years ago when there was no Express Entry program, but the visa officer rejected his application citing the reason that his education was obtained from a non-recognised university and hence they do not accept it.

Now Iam applying under Express Entry as Principal applicant and my husband and children as dependents. So my question is, what should I answer to the statutory questions mentioned below ?

1. Has [my name] been refused refugee status, or an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial nominee Program) or visitor or temporary resident visa, to Canada or any other country?
2. Has [my name] ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?

I feel like answering " NO " to those questions because earlier it was my husband who applied and got rejected. I never applied earlier as principal applicant and this is the first time Iam applying and never got rejected earlier.

Expert advise is appreciated.
Thanks in Advance

 

[Mr. Optimistic]

In my opinion, the application is for principal applicant and dependent and therefore information needs to be provided for all.

since you were the part of the application before, i think you have to provide the details.

 

[TanakaM]

I am of a different opinion.

Since you were just a dependent you have never actually made an application to CIC. Therefore, you must answer No. However, your husband must answer YES since he was the applicant, and complete a schedule A form.

All the best

 

[SaaZ77]

Thanks for the opinion..

so you mean there are different set of statutory questions for principal applicant and separate for dependents ?

 

[TanakaM]

Thanks for the opinion..

so you mean there are different set of statutory questions for principal applicant and separate for dependents ?

Yes, there will be a different set for you spouse under their personal history.

 

[Ayam93]

I am of a different opinion.

Since you were just a dependent you have never actually made an application to CIC. Therefore, you must answer No. However, your husband must answer YES since he was the applicant, and complete a schedule A form.

All the best

I dont think so.. when a family apply for immigration visa and it gets rejected that does not mean that the visa was never rejected for the dependents. And a dependent cannot say that primary applicant never asked me when the earlier visa was applied.

I believe the answer should be YES for both primary and secondary applicants. I will even suggest you to proactively fill Schedule A as they will anyway ask it later on. They do this for folks who have YES as an answer to any of the statutory questions.

www.cic.gc.ca/english/pdf/kits/forms/imm5669E.pdf

 

[TanakaM]

I dont think so.. when a family apply for immigration visa and it gets rejected that does not mean that the visa was never rejected for the dependents. And a dependent cannot say that primary applicant never asked me when the earlier visa was applied.

I believe the answer should be YES for both primary and secondary applicants. I will even suggest you to proactively fill Schedule A as they will anyway ask it later on. They do this for folks who have YES as an answer to any of the statutory questions.

www.cic.gc.ca/english/pdf/kits/forms/imm5669E.pdf

Although I am not in agreement, whether you answer yes or no should not affect your application. If you choose to answer YES, all you must do is clearly explain the details surrounding the rejection and both you and your husband need to complete separate schedule A forms.

All the best.

 

[DEEPCUR]

When in doubt for these questions, just mark 'Yes' and state what you considered as rejection or refusal. Let CIC decide whether it qualifies as a response for that question or not. It will also save you from lots of headaches of explaining things later if at all officer asks for it.

 

[Ayam93]

Yes i think you should just mark those questions as YES and fill Schedule A for both primary and secondary applicants. In my case i had a previous visa rejection for US B1 visa which is always applied as a single supplicant and thus i selected YES for this visa refusal questions and my spouse selected NO to these visa questions but immigration its a common application.

 

[SaaZ77]

Many thanks All of you for valuable advises.

Will select YES for both of us and include Schedule A to be on safe side.

Appreciate it.