Document Checklist: IMM 5491e

[The Realist]

HI everyone,

Just some quieres re: the Document Checklist: IMM 5491e [02-2016]

Just wanting to err on the side of caution, so sorry if i sound like "Captain Obvious".
When the Checklist states "if applicable", does that mean you don't have to submitt these forms if they're not applicable to you? even when the Document Checklist states: "If you do not enclose [ALL] the required Forms and Documents your entire application will be returned to you".

Also,

in the "Sponsor" section it asks to submit an original "Use of a Representative" Form: IMM 5476. Then, in the "Sponsored Person" section, it asks for the same form again. Does this mean that we have to submit the exact same form, twice? Surely one IMM 5476 Form should suffice, as it has BOTH required signatures on it, but as it is repeated twice in the "Sponsor" AND "Sponsored Person" sections, this can be construed as misleading.

Thanks.

 

[DB2101]

I certainly only submitted the forms required for my situation. As for the Use of a Representative, we did it ourselves so not sure about that.

 

[The Realist]

Thanks for that.
Yes, I think it's logical to obviously only submitt the Forms that are applicable to your situation, but again the wording by CIC creates grounds for confusion, in stating that "all" the forms listed need to be mailed in.

Just to clarify the "Use of a Representative" Part: I elected myself to be my Wife's representative, so we BOTH filled out that form and signed it...but I only have the ONE Copy, because who in their right mind would fill out and sign this form twice? BUT then I saw in the Checklist that BOTH the Sponsor and Sponsored Person are asked to submit this form...so does that technically mean that two originals of the exact same Form have to be submitted? This is where it can become misleading.

 

[canadianwoman]

They want you to submit all the required forms. That means that you do not send in the ones that are not applicable to you. For example, for the country specific forms, there are certain forms that only apply to certain countries. Someone from Sri Lanka, for example, does not send in the forms that are labeled as being for people from Pakistan.

You only need one copy of the Use of a Representative form. Check off both boxes, but since everything is being sent together, only one is needed.

 

[The Realist]

Thanks for that.

As i suspected....for as long as there is the Signature of BOTH the Sponsor [if they are the person whois going to be the Representative] and the Sponsored Person, then just the ONE "Use of Representative" should suffice. The fact that CIC has elected to state that this form has to be submitted from BOTH Sections [without a disclaimer that only ONE Copy of this Form is required], can be confusing.

Cheers.

 

[canadianwoman]

Of course, if the applicant and the sponsor want different people to be their representative, then it would be correct to send in two forms. Usually the applicant wants the sponsor to be the representative, so just the one is OK.

 

[cheng9999]

Of course, if the applicant and the sponsor want different people to be their representative, then it would be correct to send in two forms. Usually the applicant wants the sponsor to be the representative, so just the one is OK.

This is correct.

Do not forget that there are actually 2 separate applications here: sponsorship and PR application.

In theory, both can go through an agent, so both the sponsor and applicant would appoint yet another 3rd party agent, so 2 forms are needed. If only the applicant filled in the form for the 3rd party agent, then only the PR application portion will be handled by the agent. The sponsor would have no agent, and the communication from CIC for the sponsorship portion would go to the sponsor him/herself directly, such as the AOR1 and SA letters/emails.

In many cases, the spouse who is sponsor would also help the applicant, and so would act as representative. So the appointment of representative form would be part of the PR application package. Even as the sponsor/spouse, we do not have the right to inquire on behalf of the applicant, let alone get information about the case, without expressed written consent from the applicant (some countries are very relaxed in this, and the spouse can do a lot of things for the other at government agencies, but not so in Canada). If the sponsoring spouse would be the one to help communicate with CIC, it would be best to have the applicant spouse sign the use of representative form to appoint the sponsoring spouse.

 

[The Realist]

I understand now that in theory [because 3rd party agents can be selected for BOTH Applications: 1/Sponsorship and 2/ PR] two forms are needed. Myself and my Wife are not using any 3rd party agents. However, myself and my Wife are not using any 3rd party agents, and we have elected myself to possibly be her representative, so,my wife [ the Applicant] and myself [Sponsor] have filled out just ONE "Use of Representative" Form.

The PR Application is an "Outland" Application...so my Wife is not readily available to fill out and sign another exact same original IMM 5476 Form. Also, given the stories i've heard about how long it can take for any mail to arrive in Canada from where she lives [less than speedy service from Cuba]...i think its prudent and wise to maybe scrap the whole idea to use the IMM 5476 Form...given that technically you state that since its two different applications...in theory i need TWO exact same Forms. In a logical world... ONE Form should suffice...but i would hate for our ENTIRE Application to be returned based on the discretionary power of the CIC Officer [who initially screens the application for the Form necessary] to do so based on this technicality.

Opinions?

 

[canuck_in_uk]

in theory i need TWO exact same Forms. In a logical world... ONE Form should suffice...but i would hate for our ENTIRE Application to be returned based on the discretionary power of the CIC Officer [who initially screens the application for the Form necessary] to do so based on this technicality.

No, you don't need 2 of the exact same form; that would mean that you were electing yourself to represent yourself....

As previously explained, CIC is requesting one IMM5476 for the SPONSOR REPRESENTATIVE and one IMM5476 for the APPLICANT REPRESENTATIVE.


You, the sponsor, are not using a representative, therefore no IMM5476 is required for you and you can mark N/A on the sponsor checklist.

The applicant, your wife, is using a representative, therefore the IMM5476 is required for her and you can tick the box on the applicant checklist.

 

[cheng9999]

I understand now that in theory [because 3rd party agents can be selected for BOTH Applications: 1/Sponsorship and 2/ PR] two forms are needed. Myself and my Wife are not using any 3rd party agents. However, myself and my Wife are not using any 3rd party agents, and we have elected myself to possibly be her representative, so,my wife [ the Applicant] and myself [Sponsor] have filled out just ONE "Use of Representative" Form.

The PR Application is an "Outland" Application...so my Wife is not readily available to fill out and sign another exact same original IMM 5476 Form. Also, given the stories i've heard about how long it can take for any mail to arrive in Canada from where she lives [less than speedy service from Cuba]...i think its prudent and wise to maybe scrap the whole idea to use the IMM 5476 Form...given that technically you state that since its two different applications...in theory i need TWO exact same Forms. In a logical world... ONE Form should suffice...but i would hate for our ENTIRE Application to be returned based on the discretionary power of the CIC Officer [who initially screens the application for the Form necessary] to do so based on this technicality.

Opinions?

If your wife need to re-do any forms in the future, perhaps at the request of CIC, she can fill it in, sign, scan and then upload via Case Specific Enquiry system using her own credentials (her UCI or File number). It does not have to be original signed form by normal mail...although it will not hurt to follow-up with the physical mail so that the VO will get a hard copy.