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Need Help- Gurus have your input please

speedy00

Newbie
Jan 13, 2008
5
0
I have applied for Canadian immigration recently. I m married.I have applied only for myself at this moment. I recently got a letter from Buffalo office to submit a separate application for my spouse, which i showed on on my application that i m married. But i have situation. My spouse had an conviction record in the past but now it is sealed by the court. Although my spouse is not on on application with me for Canadian immigration at this moment. My concern is that. Would that effect my case in this manner or would that delay my case. Your input would really appreciated.
 

thaiguy

Champion Member
Apr 7, 2007
1,216
4
Vancouver
speedy00 said:
I have applied for Canadian immigration recently. I m married.I have applied only for myself at this moment. I recently got a letter from Buffalo office to submit a separate application for my spouse, which i showed on on my application that i m married. But i have situation. My spouse had an conviction record in the past but now it is sealed by the court. Although my spouse is not on on application with me for Canadian immigration at this moment. My concern is that. Would that effect my case in this manner or would that delay my case. Your input would really appreciated.
You say that immigration told you to submit a "separate application for your spouse." Do you mean they asked you to provide the additional information about your spouse? Because it doesn't make sense that your spouse would have a completely separate application. He/she should be part of yours even if not accompanying you to Canada.

If your spouse's conviction is enough for him/her to be considered 'inadmissable,' it's also enough to make you ineligible for immigration. So the first thing you need to do is to find out whether your spouse is inadmissable.

Here's a link regarding rehabilitation:

http://www.cic.gc.ca/english/information/applications/rehabil.asp
 

AP

Star Member
Jul 7, 2007
175
0
If you applied under skilled worker program (regular). You need to fill the following forms per guidelines
Did you apply under skilled worker program? If you said that there will be 2 ppl landing then you selected married. You need to fill the following for your wife.However, if you applied only for self and they are asking your wife's info it must be some additional information they are looking for.As thaiguy said have a look at the link and that might help you in someway.

Background / Declaration (IMM 0008, Schedule 1)
To be completed by:
• You
• Your spouse or common-law partner (whether accompanying you to Canada or not)
• Your dependent children aged 18 or over (whether accompanying you to Canada or not)

Additional Family Information (IMM 5406)
To be completed by:
• You
• Your spouse or common-law partner (whether accompanying you to Canada or not)
• Your dependent children aged 18 or over (whether accompanying you to Canada or not)
 

speedy00

Newbie
Jan 13, 2008
5
0
Dear Thai Guy and AP

They have sent me an Background declaration form for my spouse to fill it out and send it to Buffalo office. Spouse is not accompyning to Canada with me (Have not applied for canadian immigration for spouse) It is only for my self. But i selected the option married on the immigration application. Would that be a problem too. Do i need to go thru a lwayer fo this. Since spouse not going with me would that effect my case too.

thaiguy said:
speedy00 said:
I have applied for Canadian immigration recently. I m married.I have applied only for myself at this moment. I recently got a letter from Buffalo office to submit a separate application for my spouse, which i showed on on my application that i m married. But i have situation. My spouse had an conviction record in the past but now it is sealed by the court. Although my spouse is not on on application with me for Canadian immigration at this moment. My concern is that. Would that effect my case in this manner or would that delay my case. Your input would really appreciated.
You say that immigration told you to submit a "separate application for your spouse." Do you mean they asked you to provide the additional information about your spouse? Because it doesn't make sense that your spouse would have a completely separate application. He/she should be part of yours even if not accompanying you to Canada.

If your spouse's conviction is enough for him/her to be considered 'inadmissable,' it's also enough to make you ineligible for immigration. So the first thing you need to do is to find out whether your spouse is inadmissable.

Here's a link regarding rehabilitation:

http://www.cic.gc.ca/english/information/applications/rehabil.asp
 

AP

Star Member
Jul 7, 2007
175
0
I hope you followed the instructions on the checklist

NON-ACCOMPANYING FAMILY MEMBERS DECLARATION (IF APPLICABLE):
If you have a spouse, common-law partner or dependent children and you do not
intend to include them in your application for permanent residence, submit with your
application a notarized statutory declaration stating your intention to proceed to
Canada without your family members, and confirming that you understand that your
family members must meet immigration requirements in their own right if they wish
to join you in Canada.

I wonder why they asked to fill the form. They usually ask you to mention family members names and details in your forms so that if they want to apply in future they may be considered based on ur PR status.

I would advise you consult a immigration lawyer who have handled such cases.If you are not interested just provide all the details honestly and see wat happens.Since you have not put your spouse on ur application I don't think it should matter.Just make sure you sent the declaration as required by the check list so that they treat ur case as an individual and not together.Once separate they will consider you as an individual.

Regards,

AP
 

thaiguy

Champion Member
Apr 7, 2007
1,216
4
Vancouver
speedy00 said:
Dear Thai Guy and AP

They have sent me an Background declaration form for my spouse to fill it out and send it to Buffalo office. Spouse is not accompyning to Canada with me (Have not applied for canadian immigration for spouse) It is only for my self. But i selected the option married on the immigration application. Would that be a problem too. Do i need to go thru a lwayer fo this. Since spouse not going with me would that effect my case too.
speedy,

If your spouse is considered inadmissable, it could affect your ability to immigrate even if you say she won't be accompanying you. That's why they want the additional information, I suspect.
 

maroraza

Star Member
Jan 11, 2008
157
2
They usually ask you to mention close family members names and details in your forms like child , mother , father ,spouse so that if they want to apply in future they may be considered based on ur PR status so you have to fill out Last Page of form which is on third number . Page 3 Question number 27. you have to give basic details close family members which above mentioned but on this page one question is Will accompany you to Canada
your answer should be NO , then they will ask no further details about your wife but they must need close relatives basic information for future, i did the same while my mum wasnt accompany with me but they needed me to fill out one form number 3 question number 27 for details of family members , Good luck

speedy00 said:
Dear Thai Guy and AP

They have sent me an Background declaration form for my spouse to fill it out and send it to Buffalo office. Spouse is not accompyning to Canada with me (Have not applied for canadian immigration for spouse) It is only for my self. But i selected the option married on the immigration application. Would that be a problem too. Do i need to go thru a lwayer fo this. Since spouse not going with me would that effect my case too.

thaiguy said:
speedy00 said:
I have applied for Canadian immigration recently. I m married.I have applied only for myself at this moment. I recently got a letter from Buffalo office to submit a separate application for my spouse, which i showed on on my application that i m married. But i have situation. My spouse had an conviction record in the past but now it is sealed by the court. Although my spouse is not on on application with me for Canadian immigration at this moment. My concern is that. Would that effect my case in this manner or would that delay my case. Your input would really appreciated.
You say that immigration told you to submit a "separate application for your spouse." Do you mean they asked you to provide the additional information about your spouse? Because it doesn't make sense that your spouse would have a completely separate application. He/she should be part of yours even if not accompanying you to Canada.

If your spouse's conviction is enough for him/her to be considered 'inadmissable,' it's also enough to make you ineligible for immigration. So the first thing you need to do is to find out whether your spouse is inadmissable.

Here's a link regarding rehabilitation:

http://www.cic.gc.ca/english/information/applications/rehabil.asp
 

maroraza

Star Member
Jan 11, 2008
157
2
your wife Background will not Effect on your case while you have clean history but it can effect if in future you send her sponser and seh apply for a family class immigration then maybe she is not able get visa incase her crime is very high level but if crime is not very big then hope later she will get visa under family member class too , because there isnt any rule that i will get punishment for my father , wife , brother , or mother's crime Punishment its their conviction not yours

thaiguy said:
speedy00 said:
Dear Thai Guy and AP

They have sent me an Background declaration form for my spouse to fill it out and send it to Buffalo office. Spouse is not accompyning to Canada with me (Have not applied for canadian immigration for spouse) It is only for my self. But i selected the option married on the immigration application. Would that be a problem too. Do i need to go thru a lwayer fo this. Since spouse not going with me would that effect my case too.
speedy,

If your spouse is considered inadmissable, it could affect your ability to immigrate even if you say she won't be accompanying you. That's why they want the additional information, I suspect.
 

speedy00

Newbie
Jan 13, 2008
5
0
Re: Need Help- Gurus have your input please-More Help

Dear ThaiGuy and AP
While I was looking my spouse case, I come across one more issue I re-took the self assessment test to check my eligibility on more time. The time I applied and took self assessment test, I selected following

Education: Masters (Actual: Currently pursuing master’s Graduate in May2008)
Language: English High Proficiency Read/Write/Speak/Listen French No Proficiency Read/Write/Speak/Listen
Work Experience: More than 1 year but less than 2 year
Age: 21-49
Arranged Employment: No Arranged Employment
Adaptability: N/A

My points came out as 61. But I anticipated that by the time application get processed and time goes by I would complete my master and would have more experience which will take my points even higher beyond 67. But I come to know that the individual should have at least 67 points at the time of apply not during the application process time. I am confused now. Will my case be rejected on these grounds? Or will I get a say on this to immigration officer. Is it appropriate to hire a attorney or go my self. If yes, please recommend me any good attorney. Thank you for all your support





thaiguy said:
speedy00 said:
Dear Thai Guy and AP

They have sent me an Background declaration form for my spouse to fill it out and send it to Buffalo office. Spouse is not accompyning to Canada with me (Have not applied for canadian immigration for spouse) It is only for my self. But i selected the option married on the immigration application. Would that be a problem too. Do i need to go thru a lwayer fo this. Since spouse not going with me would that effect my case too.
speedy,

If your spouse is considered inadmissable, it could affect your ability to immigrate even if you say she won't be accompanying you. That's why they want the additional information, I suspect.
 

thaiguy

Champion Member
Apr 7, 2007
1,216
4
Vancouver
Re: Need Help- Gurus have your input please-More Help

speedy00 said:
Dear ThaiGuy and AP
While I was looking my spouse case, I come across one more issue I re-took the self assessment test to check my eligibility on more time. The time I applied and took self assessment test, I selected following

Education: Masters (Actual: Currently pursuing master's Graduate in May2008)
Language: English High Proficiency Read/Write/Speak/Listen French No Proficiency Read/Write/Speak/Listen
Work Experience: More than 1 year but less than 2 year
Age: 21-49
Arranged Employment: No Arranged Employment
Adaptability: N/A

My points came out as 61. But I anticipated that by the time application get processed and time goes by I would complete my master and would have more experience which will take my points even higher beyond 67. But I come to know that the individual should have at least 67 points at the time of apply not during the application process time. I am confused now. Will my case be rejected on these grounds? Or will I get a say on this to immigration officer. Is it appropriate to hire a attorney or go my self. If yes, please recommend me any good attorney. Thank you for all your support
Hi speedy

Problem #1: I'm only seeing a possibility of 66 points for you with a Masters degree and 1 year of experience. It goes like this:

education: 25 (Masters)
experience: 15 (1 year)
age: 10 (21-49)
language: 16 (full points for English)

So it seems you need to wait until you have 2 years of experience before applying.

Problem#2: You need to wait until you finish your Masters before claiming it on your application. I know that there has been a lot of discussion about whether you have to complete something before including it, but to me - a native English speaker - the application is very clear. You indicate what you have successfully completed as of the date you sign the application. Don't risk that they might deny your application just to submit it a few months earlier. It's not worth it.

TG
 

maroraza

Star Member
Jan 11, 2008
157
2
Dear speedy , dear with due respect your name is speedy but dont be too speedy in this matter because things not work the way you thinking when you will submit application you will mention your current position and will pay 550$ for Processing fee non refundable during assesment you have to provide all documents and with these documents as you said you got 61 points so they will reject your file and you will lose money too dont apply now and wait a little untill you sure 101% that now your points are 67 or more , the way you thinking this way in Africa people start thinking as they taking 5 to 8 years in processing their applications this way they can apply after Post secondary school and by just starting job with 1 month experience and they can tell after 5 years at the time when i apply i passed post secondary now i am after masters and with 5 year work experience do you think they will accept ? No , when you apply and pay processing fee in few months they do assesment and if you earn 67 points or more then they will send you File Number and start Process your case further , in my opinion wait untill your points will be 67 better late then never
 

speedy00

Newbie
Jan 13, 2008
5
0
I have applied in October and my application is in the que right now pending my spouse background declaration form. Can i delay this form by sending it later when i get graduate and have enough experience by then to reach to 67 points. or i have to apply again to have a fresh start of application. Please help


maroraza said:
Dear speedy , dear with due respect your name is speedy but dont be too speedy in this matter because things not work the way you thinking when you will submit application you will mention your current position and will pay 550$ for Processing fee non refundable during assesment you have to provide all documents and with these documents as you said you got 61 points so they will reject your file and you will lose money too dont apply now and wait a little untill you sure 101% that now your points are 67 or more , the way you thinking this way in Africa people start thinking as they taking 5 to 8 years in processing their applications this way they can apply after Post secondary school and by just starting job with 1 month experience and they can tell after 5 years at the time when i apply i passed post secondary now i am after masters and with 5 year work experience do you think they will accept ? No , when you apply and pay processing fee in few months they do assesment and if you earn 67 points or more then they will send you File Number and start Process your case further , in my opinion wait untill your points will be 67 better late then never
 

maroraza

Star Member
Jan 11, 2008
157
2
Re: Need Help- Gurus have your input please-More Help

speedy00 said:
Dear ThaiGuy and AP
While I was looking my spouse case, I come across one more issue I re-took the self assessment test to check my eligibility on more time. The time I applied and took self assessment test, I selected following

Education: Masters (Actual: Currently pursuing master's Graduate in May2008)
Language: English High Proficiency Read/Write/Speak/Listen French No Proficiency Read/Write/Speak/Listen
Work Experience: More than 1 year but less than 2 year
Age: 21-49
Arranged Employment: No Arranged Employment
Adaptability: N/A

My points came out as 61. But I anticipated that by the time application get processed and time goes by I would complete my master and would have more experience which will take my points even higher beyond 67. But I come to know that the individual should have at least 67 points at the time of apply not during the application process time. I am confused now. Will my case be rejected on these grounds? Or will I get a say on this to immigration officer. Is it appropriate to hire a attorney or go my self. If yes, please recommend me any good attorney. Thank you for all your support



yes you should have at least 67 points at the time you apply for immigration and attorney can do nothing to make your points higher or make process faster all he can help you fill out forms and what kind of documents you need ,they can refuse your application if you send its by now with 61 points,and with this way you can lost 550$ non refundable processing fee , take care

thaiguy said:
speedy00 said:
Dear Thai Guy and AP

They have sent me an Background declaration form for my spouse to fill it out and send it to Buffalo office. Spouse is not accompyning to Canada with me (Have not applied for canadian immigration for spouse) It is only for my self. But i selected the option married on the immigration application. Would that be a problem too. Do i need to go thru a lwayer fo this. Since spouse not going with me would that effect my case too.
speedy,

If your spouse is considered inadmissable, it could affect your ability to immigrate even if you say she won't be accompanying you. That's why they want the additional information, I suspect.
 

speedy00

Newbie
Jan 13, 2008
5
0
Re: Need Help- Gurus have your input please-More Help

Maroraza ...i did not see your response. It seems you tried posted but not showed up
maroraza said:
speedy00 said:
Dear ThaiGuy and AP
While I was looking my spouse case, I come across one more issue I re-took the self assessment test to check my eligibility on more time. The time I applied and took self assessment test, I selected following

Education: Masters (Actual: Currently pursuing master's Graduate in May2008)
Language: English High Proficiency Read/Write/Speak/Listen French No Proficiency Read/Write/Speak/Listen
Work Experience: More than 1 year but less than 2 year
Age: 21-49
Arranged Employment: No Arranged Employment
Adaptability: N/A

My points came out as 61. But I anticipated that by the time application get processed and time goes by I would complete my master and would have more experience which will take my points even higher beyond 67. But I come to know that the individual should have at least 67 points at the time of apply not during the application process time. I am confused now. Will my case be rejected on these grounds? Or will I get a say on this to immigration officer. Is it appropriate to hire a attorney or go my self. If yes, please recommend me any good attorney. Thank you for all your support



yes you should have at least 67 points at the time you apply for immigration and attorney can do nothing to make your points higher or make process faster all he can help you fill out forms and what kind of documents you need ,they can refuse your application if you send its by now with 61 points,and with this way you can lost 550$ non refundable processing fee , take care

thaiguy said:
speedy00 said:
Dear Thai Guy and AP

They have sent me an Background declaration form for my spouse to fill it out and send it to Buffalo office. Spouse is not accompyning to Canada with me (Have not applied for canadian immigration for spouse) It is only for my self. But i selected the option married on the immigration application. Would that be a problem too. Do i need to go thru a lwayer fo this. Since spouse not going with me would that effect my case too.
speedy,

If your spouse is considered inadmissable, it could affect your ability to immigrate even if you say she won't be accompanying you. That's why they want the additional information, I suspect.
 

maroraza

Star Member
Jan 11, 2008
157
2
Hi,
if your wife Will accompany you her background will not Effect ( sometime your case goes to mad officer and they can treat it rudely as Officer has power to Reject application on some basis one of them is if he isnt satisfy ) but while your points are not complete and you already applied for it i am afraid they can refuse you if you dont have 67 points by the time of application submited ,