I'm probably just tired but.....IMM 5406

[sydneylee]

IMM 5406

I've read the guide , listened to the Youtube video and read forum posts but still confused. Please bear with me.

I am sponsoring my husband. He fills out this form. Section A...his name only as applicant. I understand he does NOT put me down as spouse as I am his sponsor. Am I right?

The rest...children & brothers and sisters.....ONLY dependents. Am I right? He has none so leaves this blank or N/A

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Since we're at it, I'm confused about something in another form.....sponsor's form IMM 5481

Number of family members and persons included in undertakings in effect and not yet in effect

Yourself...that was easy! 1

a) current undertaking....my husband 1

b) I sponsored someone many years ago. He has been a Canadian Citizen for many years.....in effect or what ???

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Sorry, one more question

Re: Option-C printout on same form. I have no idea what that is. I have been in England since 2009, supported by my husband, no employment. Only income OAP and CPP. Didn't fill out income tax as not required. Now returned to Canada and will be sponsoring my husband who is now disabled.
So what is this form please? Is it about employment? If there is no Option-C printout for me, is a note of explanation sufficient?

I am a fairly intelligent person but nervousness makes me really DUMB! :'(

Thanks for your help.

 

[Sweden]

Hey!

Don't worry - everybody goes through phases of filling overwhelmed and dumb - it will pass. Soon enough, you'll be advising new comers about how to fill out the forms...

IMM 5406: has to be filled out from the applicant's point of view. So : his name, his spouse (you, even if you're the sponsor), and then the rest of his family (even if not dependent, or coming to Canada, it doesn't matter). Keep in mind: some of the forms are not specific to spouses, they are generic. They also serve to check the background. Also : it applies to every situation. So in your case, your husband doesn't have children that he might sponsor etc, but he might still have children: they should be listed here. If he has brothers and sisters (maybe), so just fill out that part.

here what the guideline says:
Additional family information (IMM 5406)
Who needs to fill out this application form?

This form must be completed by:

You, as the principal applicant,
Your spouse or common-law partner (whether accompanying you to Canada or not), and
Your dependent children aged 18 or over (whether accompanying you to Canada or not).

Section A

Write the personal details for:

yourself
your spouse or common-law partner (if applicable)
your mother
your father.

Note: If you do not have a spouse or a common-law partner, sign the declaration at the end of Section A.
Section B

Write the personal details for your children. It is very important that you list all of your children (even if they are already permanent residents or citizens of Canada). This includes:

married children
adopted children
children of your spouse (step-children) or common-law partner
any of your children who have been adopted by others
any of your children who are in the custody of an ex-spouse, former common-law partner or other guardian.

You must answer all questions. If any sections do not apply to you, answer “N/A”.

Note: if you do not have any children, sign the declaration at the end of Section B.
Section C

Write personal details about your:

brother(s)
sister(s)
half-brother(s) and half-sister(s)
step-brother(s) and step-sister(s).

Section D

Note. After carefully reading the statements contained in this section, sign and date the declaration.

as you can see for the children: it doesn't matter, if they were already PR of Canada or citizen, they should still be included there.

Option C: that's something you get from CRA to prove your income, and also prove that you are not on welfare. So contact CRA and ask for one. here from the guideline/sponsor checklist:

An original "Option C Printout" of your and your co-signer's last Notice of Assessment for the most recent taxation
year.
To obtain this printout free-of-charge from the Canada Revenue Agency, call 1 800 959-8281.
If you do not provide this printout, provide an explanation on a separate sheet of paper

Your option C will probably show no revenue, so you then need to explain how you plan on supporting your husband and yourself (see my previous post in your other thread about explaining your plan).

For previous undertaking: if your sponsoring undertaking (the length of time you're responsible for a person after he/she lands) is over, then it's not in effect: 0. your previous sponsorship, many years ago, is not in effect anymore.

Most of all - breathe! and remember to take a break. Print the guideline, and whenever filling out one form, read the part related to that form... and only that one! one form at a time, rather than trying to deal with many forms at the same time. Your dinner table will soon turn into a small "immigration office" with piles of documents gathered, checklists, forms filled out etc...

one thing that may help: print also a blank version of each form, fill it out by hand with the guide next to you. Once you have it completed, type it, print it, and put it aside.

Good luck,
Sweden

 

[sydneylee]

Thank you again, Sweden

Too late for the dinner table, the couch, the floor, the ironing board etc

I just printed off IMM 5406. Seems to be a new one (04-2013). It doesn't have declarations after section A & B, just certification, Section D

So 'A' applicant - my husband

spouse - me

parents are deceased so N/A


'B' his three grown children who are NOT dependents and NOT coming
my two grown children who are Canadian citizens

'C' he is an only child so N/A

What, no place for pets...dogs, cats, guinea pigs, tarantulas?!

********************

Okay I'll check with CRA. I've just completed and sent in returns for 2010, 2011, 2012. I needed 2012 for Guaranteed Income Supplement.
Also within a week of returning, I started to get phone calls from a Collection Agency....MSP had been notified when I left the country but a glitch in the system has been piling up a bill for MSP....thousands of $$$. All the while I was in England on NHS. It is being sorted out but I needed to fill out income tax forms for those years using the Non-Resident T4's I had been receiving in England. Frightening!!!

******************
About previous undertaking. It used to be for 10 years but long over now so nothing goes in there....just a total of 2 on first page. And N/A for all of next page. Yes?

****************
By George, I think we're getting somewhere. I just have to help hubby with IMM 5490 now. His eyesight , left eye, has been affected and it tires easily so we do it slowly on Skype.


Breathe?! Why didn't someone tell me that before :-X

Thank you again.

 

[sydneylee]

Just noticed the form I printed is 5406LC. Oops, Wrong one??

 

[Sweden]

Just noticed the form I printed is 5406LC. Oops, Wrong one??

yes - wrong form 5406LC is for live-in caregiver, you should download the whole application for outland, and use only these forms and guideline http://www.cic.gc.ca/english/information/applications/fc.asp

 

[sydneylee]

Thank you. I did that but seem to have misplaced that particular form.....maybe under one of the piles!

 

[Sweden]

and - if your husband needs help completing the forms, it's OK to do it with him, over skype. you write the things he says, by hand. Once the conversation is over, you can print everything, and send it to to him for signature, and return to you. It's OK for a couple to help each other! a lot of sponsors do it for their spouse when there is a language barrier for example... it might be easier for you like this... just keep it in mind! you could prepare the application, send it to him (with stickers where he needs to sign etc.), when he reads it and signs that it's correct, then return it to you. Done!

Good luck,
Sweden

 

[sydneylee]

Thank you, Sweden. That's actually the way I've been doing it but I wasn't sure if it was 'allowed' so I was keeping quiet about it. He is going to type out on a separate sheet of paper in his own words what they ask on the last page of IMM 5490. "provide additional details of your current relationship that you believe would help to prove your relationship is genuine and continuing". That is very personal and he wants and needs to do that part in his own words.

We had to go through similar in the UK when I had to go to Tribunal to overturn a deportation order based on UKBA's belief that ours was not genuine. I am sending the judge's 9 page decision, much of which was her assessment that ours is indeed a genuine marriage. We provided many letters from friends and family to support us as well as many photos of our wedding and reception and holidays and our life since. I don't know if we should send all of that as well or if the judge's decision would be enough. I could provide many, many more letter but am not sure it will be necessary. I also sometimes wonder if the thicker a file is the less they want to go through it. Maybe shorter but more compelling is best.

In my 'additional details' letter I also told of the times we could have separated during the past three years if we were not committed to each other. 1) the deportation order 2) my sons' bout with cancer...I did not consider leaving to be with my son (except to visit) because my place is with my husband. 3) my daughter's broken 24 year marriage and subsequent divorce...I did not leave to be with her except for a visit. 4) my husband's stroke which changed our lives and our roles dramatically 5) the loss of income since his stroke. 6) when my husband tearfully asked me to leave because he would be a burden. 6) our determination to be back together again since I was forced to leave. All of this is ample proof that we are in a committed marriage.

I cannot imagine anyone at CIC would not see that...but then again, UKBA didn't believe us.

At your suggestion, Sweden, I have put together a detailed income and expense budget and I have reminded CIC that we would be living on a similar budget to many, many seniors in Canada. It is a frugal budget but not an impossible one by any means.
Dear friends of mine have offered a suite in their home at nominal rent. It is wheelchair friendly and they will be a big support for me in caring for my husband. My children both live within an hour's drive and have offered their support as well. Another friend who is a mechanic has offered to keep our car well maintained for us. We have a full support system and I am confident we will convey this to CIC.
So, I will be able to send an envelope to my husband in a few days....with stickers showing where to sign. A start!

Thank you for your support.

 

[wowsers]

Dear Sydneylee, I am not entirely sure that Sweden is 100% correct in assuming that the requirement for an option C printout applies to you. You are I understand a Canadian citizen married to a Brit and living in the Uk since 2009. So you are both domiciled and ordinarily resident in the UK, subject therefore to UK tax law (if you had an income) but not subject to Canadian tax law. The requirement to produce a Canadian Option C printout for the last tax year surely has no application to you, irrespective of your Nil income? My sponsor is in the same position as you, though resident in the UK for over 50 years. We simply wrote a note stating that my sponsor was not subject to Canadian tax law and included an UK Revenue and Customs notice of assessment for the last tax year with the application instead. We encountered no difficulty on that score and the sponsorship was accepted without question.

 

[sydneylee]

Thank you wowsers. I think I read similar in another thread. In that case too, a letter of explanation was presented and accepted. There hasn't been a tax assessment for me in Canada since 2008 because I haven't done a tax return since that time. I won't be able to produce a UK tax assessment either as I did not file an income tax return there as it isn't required for income under a certain level which I certainly was.

I'm not concerned. I'm sure a letter of explanation will suffice. In any case, by the time my application gets that far, my tax returns for Canada, 2009,2010,2011 and 2012 will be in the system.

Thank you for your kind response.

 

[frege]

Thank you, Sweden. That's actually the way I've been doing it but I wasn't sure if it was 'allowed' so I was keeping quiet about it. He is going to type out on a separate sheet of paper in his own words what they ask on the last page of IMM 5490. "provide additional details of your current relationship that you believe would help to prove your relationship is genuine and continuing". That is very personal and he wants and needs to do that part in his own words.

We had to go through similar in the UK when I had to go to Tribunal to overturn a deportation order based on UKBA's belief that ours was not genuine. I am sending the judge's 9 page decision, much of which was her assessment that ours is indeed a genuine marriage. We provided many letters from friends and family to support us as well as many photos of our wedding and reception and holidays and our life since. I don't know if we should send all of that as well or if the judge's decision would be enough. I could provide many, many more letter but am not sure it will be necessary. I also sometimes wonder if the thicker a file is the less they want to go through it. Maybe shorter but more compelling is best.

In my 'additional details' letter I also told of the times we could have separated during the past three years if we were not committed to each other. 1) the deportation order 2) my sons' bout with cancer...I did not consider leaving to be with my son (except to visit) because my place is with my husband. 3) my daughter's broken 24 year marriage and subsequent divorce...I did not leave to be with her except for a visit. 4) my husband's stroke which changed our lives and our roles dramatically 5) the loss of income since his stroke. 6) when my husband tearfully asked me to leave because he would be a burden. 6) our determination to be back together again since I was forced to leave. All of this is ample proof that we are in a committed marriage.

I cannot imagine anyone at CIC would not see that...but then again, UKBA didn't believe us.

At your suggestion, Sweden, I have put together a detailed income and expense budget and I have reminded CIC that we would be living on a similar budget to many, many seniors in Canada. It is a frugal budget but not an impossible one by any means.
Dear friends of mine have offered a suite in their home at nominal rent. It is wheelchair friendly and they will be a big support for me in caring for my husband. My children both live within an hour's drive and have offered their support as well. Another friend who is a mechanic has offered to keep our car well maintained for us. We have a full support system and I am confident we will convey this to CIC.
So, I will be able to send an envelope to my husband in a few days....with stickers showing where to sign. A start!

Thank you for your support.

I don't have much to add on a practical level, but I do want to point out the utter irony that it would be for the UK to accuse you of trying to weasel your way into their country, followed by your husband being accused of the same thing in Canada. It shows what a farce these bad-faith accusations of a sham marriage can be, when immigration officials feel like making your life difficult for unspoken, unavowable reasons. I hope the UK and/or Canadian government will finally let you be together and get on with your lives.

Edit: I would carefully consider whether to emphasize loss of income, as the most likely angle of attack for CIC may be on grounds of so-called "adequate arrangements" for care and support, i.e., the ability of the two of you to support yourselves once in Canada. If they want to be very picky, there is some jurisprudence that says they can use the LICO cutoff, which would be about $30,000 for a family of two. This would be based on both your expected incomes after he moves to Canada.

Although in theory they shouldn't be considering his stroke, the potential health costs may be a hidden motivation for them to try to find other grounds of refusal if they can. So if you're not on solid ground income-wise, you might be better getting legal advice about how to approach the application.

 

[TheGerman]

I am about to fill out the same forms as well and as far as I understand the guide your husband does not include you as his spouse in his application. He still fills out the part that you are his spouse of course. But you do not have to fill out any application forms.

Here is the text from the guide:

Who should be included in this 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).

As far as I understand this my spouse who is my sponsor does not need to fill out Additional family information (IMM 5406) ?

 

[sydneylee]

to frege: That's why I don't worry too much that Canada will doubt that ours is a genuine marriage. We had to go to court to prove it in the UK and we will be sending the same proof as well as the judge's 9-page decision letter which was primarily dealing with her conviction that we are genuine. She also includes a brisk slap on the hand of UK Border Agency for their stupidity (my word!)

My husband seems to have aced the medical...great news....so away we go!!

to TheGerman: No, I think you're right. As sponsor I haven't filled out IMM 5406. My husband has as the applicant. Did you find the instructions...the ones that you quoted...... a bit confusing? It seems to say that the sponsored spouse must include his spouse as a family member....section A) except NOT if his spouse is his sponsor. But then he must sign that he has no spouse if he doesn't include her/my name!??

What did you do or what are you going to do? It's the only part of this process that baffles me. I read it and re-read it and it doesn't get any clearer.

 

[TheGerman]

As I understand the guide is that I will name my wife as my spouse even though she is my sponsor in Section A but as she is not "part of my application" she does not fill out any of the forms marked as "to be filled out by your spouse".

To sum it up:

Answer all questions within a form about your spouse but if a complete form is marked as to be filled out by your spouse that does not need to happen if your spouse is your sponsor.

 

[sydneylee]

I'm not concerned about the medical aspect of things. If we have a problem, it will be financial. My income is minimal, my bank account also. He will probably have to file for bankruptcy before he leaves as we will by no means be able to deal with his debt load.

I will acknowledge that we will have to be frugal, that I have always been frugal and that we know how to get by. Our incomes together will be sufficient, of this I will have to convince them. They will have to understand that at our age (68 & 77), our only goal is to stay together and that we will be together until one of us goes into care or dies. We are not going to meet someone else and our marriage collapse, there will be no children brought into the mix, we have pensions so will not have to resort to welfare come what may. I can do no more but be honest and up front with them and let them draw their own conclusions, hopefully after looking at the whole picture.

TheGerman. Yes, that's how we've done it too. It was confusing but really the only thing to do. Thanks for your reply.