Define reside

[jaysus]

Hi there,

My fiancé and I will be marrying soon (I'm a born Canadian citizen) and she is a German native. We are currently in Germany at the moment (I'm taking language lessons and she is working).

1) In this doc httx://XXX.cic.gc.ca/english/pdf/kits/guides/3901e.pdf (change XXX to 3 w's) they state the following:

"POLICE CERTIFICATES AND CLEARANCES
Police certificates or clearances from each country in which you and every one in your family aged 18 years or over have resided six months or more since reaching 18 years of age. You must attach the original police document(s). Please consult our Web site for specific and up-to-date information on how to obtain police certificates from any country."

I want to know what the definition of reside is. If she did work and travel in Australia and also Canada for around a year would that be considered residing? It is of course clear on all these documents that she must leave at the end of the 1 year period, so would living in hostels and working random jobs be considered residing?

2) In the same doc it asks you about your travels (IMM 5562):

"List all trips you, and if applicable, your family members have taken outside your country of origin or of residence in the last ten years (or since
your 18th birthday if this was less than ten years ago). Include all trips: tourism, business, training, etc. If you or your family member did not
travel outside of your country during this period, check "did not travel"."

There is a section for "You" and "Your Spouse" Does that mean we both have to fill this out? Exactly how detailed do they want it as I have been to 33 countries, and it's extremely hard to remember how long each one was on each trip.


Thank you for your time,

Jay

 

[iarblue]

Just like it says if you were in a country for more than 6 months you must get police certs.
Travels is just that if she traveled but did not live there then she traveled there and must list it in here travels.
Now if she went to Austrailia for six months left went to Canada for six months,and was basically just traveling,then it will be up to the IO if they want police certs for this,but if you want to make sure they dont have to put a hold on your app because they do require them then you might want to get them done now.
Like i said im not sure if they will ask for them it is up to the IO,

 

[jaysus]

Thanks iarblue.

We are going to get the check done for Australia, from what I see here htt p://w w w .cic.gc.ca/english/information/security/police-cert/north-america/canada.asp we don't have to get the Canadian one done for her Work & Travel there.

I, the sponsor was also in Australia for 8 months, do I have to get a criminal check as well?

 

[BeShoo]

1) I think if you're over 6 months, you're in the other country more than you're in your home country, so you're then "residing" in the other country. In any case, I don't think the definition of "reside" matters. If you were in some other country for more than 6 months at a stretch (especially if you were working there), they want police certificates in my opinion.

2) I'm not sure about the sponsor's travelling information. Are you sure they need it for a sponsor, or just for a spouse of the main applicant? That requirement is country-specific, but if you don't know the exact dates of all your trips, you just need to estimate them and maybe provide an explanation to that effect.

I think what they want out of it is whether you have a history of overstaying your visa anywhere and whether you have some suspicious-looking pattern like monthly trips to meet up with Columbian drug lords.

 

[jaysus]

haha thanks BeShoo.

Check the form here from the first post htt p ://w w w.cic.gc.ca/english/pdf/kits/guides/3901e.pdf (put the w's together of course).

On page 6 of that PDF, letter A is "You" Letter B is "Your spouse or common-law partner", so I guess B is me (the sponsor) ?

If that's the case it looks like I need to provide my travel history as well.

 

[BeShoo]

I'm pretty sure that "spouse" in this instance means "spouse who is not a Canadian citizen or P.R." See this from the guide (3999E, p. 5):

Persons who should be included in the application

If you are being sponsored as a member of the family class, your spouse or common-law partner (except where your spouse or common-law partner is the sponsor) must be included in your application as a family member. You must also include all your dependent children from your current and previous relationships, whether they will be going with you to Canada (accompanying family members) or not (non-accompanying family members).

Note that 3901E is to be filled in by the prinicipal applicant, who wasn't even living in the same country as you over the last 10 years, and couldn't be expected to know the details of your travels. If they wanted that, they would tell you to fill it out, not her.

 

[BeShoo]

Notice that it says, "List all trips you, and if applicable, your family members have taken..." I'm pretty sure that you as the sponsor are not applicable or this question is N/A to you.

 

[ariell]

Right. They're not interested in the sponsor's travel history -- only the applicant's. The sponsor must already have PR or be a citizen -- they only want to know and will only check into the travel history of the person applying for PR.

 

[rrdiggy76]

For form IMM 5562, i think this is only required for European's applying via Paris? Can someone else confirm or deny this?

The checklist at the start of IMM 3901e, checkpoint number 13 states:

OTHER DOCUMENTATION
•Albanian residents must complete and sign the attached Questionnaire for Albanian residents.
•Persons submitting their application to the Canadian visa office in Paris must complete the attached IMM 5562 form, Supplementary Information – Your travels.

I'm applying through London, UK, so although the section IMM 3901e is relevant for me also, have omiited to include IMM 5562 as i'm not going through the Paris office.

 

[canadianwoman]

1) In this doc httx://XXX.cic.gc.ca/english/pdf/kits/guides/3901e.pdf (change XXX to 3 w's) they state the following:

"POLICE CERTIFICATES AND CLEARANCES
Police certificates or clearances from each country in which you and every one in your family aged 18 years or over have resided six months or more since reaching 18 years of age. You must attach the original police document(s). Please consult our Web site for specific and up-to-date information on how to obtain police certificates from any country."

I want to know what the definition of reside is. If she did work and travel in Australia and also Canada for around a year would that be considered residing? It is of course clear on all these documents that she must leave at the end of the 1 year period, so would living in hostels and working random jobs be considered residing?

'Reside' has different meanings depending on the document, and the government department.
For police certificates, they want one from every country the sponsored person has been in for 6 months or more - travelling, working, an illegal stay, for any reason. However, she does not need to get one for Canada. You, the sponsor, do not need to provide police certificates.

2) In the same doc it asks you about your travels (IMM 5562):

"List all trips you, and if applicable, your family members have taken outside your country of origin or of residence in the last ten years (or since
your 18th birthday if this was less than ten years ago). Include all trips: tourism, business, training, etc. If you or your family member did not
travel outside of your country during this period, check "did not travel"."

There is a section for "You" and "Your Spouse" Does that mean we both have to fill this out? Exactly how detailed do they want it as I have been to 33 countries, and it's extremely hard to remember how long each one was on each trip.

The travel section is just for the sponsored person. You do not have to fill it out - you are already a Canadian citizen, so it is not applicable to you.

However, check to make sure someone applying through the Berlin office has to submit the travel form.

 

[jaysus]

I want to kindly thank all of you for your help in answering all these questions.

I really, really appreciate it! You guys are amazingly helpful.

@rrdiggy76 I found the form on this page under Western Europe which included Germany in the list so I assume we have to fill it out as we will be applying via the Berlin office.

w w w .cic.gc.ca/english/information/applications/fc.asp#region

 

[rrdiggy76]

Yes Jaysus, i have the same regional forms, but the check-list does say that particular part of the region specific additions is only applicable for those applying through Paris (along with the declaration for Albanian residents).

The rest of the regional form (check-list, medical form and photo-specifications) are still valid.

At least that is how i've interpreted it, and was not planning on including it for an application through London...

 

[jaysus]

Yes Jaysus, i have the same regional forms, but the check-list does say that particular part of the region specific additions is only applicable for those applying through Paris (along with the declaration for Albanian residents).

The rest of the regional form (check-list, medical form and photo-specifications) are still valid.

At least that is how i've interpreted it, and was not planning on including it for an application through London...

Interesting, I just read that again in the guide as you said.

I wish they would state it directly on the form...would make things a lot more clearer.