Received IMM 5511, need help, pleease

[Rustamjan]

Dear experts,

I highly appreciate your valuable responses for my previous posts and would be very much thankful for your help in below issues.

Just a quick reminder of my situation as you might not remember each of the posts.

Me and my family members (wife, two daughters and myself) landed in Canada 13 November 2010 and returned to our country of origin on December 15. When we returned home my wife delivered 3rd daughter (non-PR). We applied for TRV for my non-PR daughter in 2014 when we decided to permanently return to Canada. Unfortunately, visa was rejected by embassy and we had to leave our baby with my sister. While entering Canada in Pearson visa officer gave us hard time asking many questions. We were asked to come to airport in a couple of weeks. CBSA officer first made a departure order, then decided to cancel departure.

Upon arrival I started sponsorship of my non-PR daughter and fortunately was successful. She is with us more than a year.

We returned to Canada January 18, 2014 being absent from Canada in total 3 years and 1 months. Recently, January 27, 2016, after accumulating more than 730 days of physical presence in Canada (since last arrival in January 18, 2014) I applied for extension of PR cards for my family. Even though I provided lots of documents to CIC I received a letter with IMM 5511 questionnaire on May 12, 2016.

Experts, please, let me know how serious is my situation.

Also, I need help in below:


1. CIC requested copy of each page of passport for me and my wife.

Do I have to print each page in colour printer ?

Do I have to officially translate into English each stamp on each passport page ?

Do I need to notarize all passport pages ?


2. I did not understand question 7a in IMM5511 "Were there any terms and conditions applied to you at the time you were granted permanent residence of landed in Canada?" Please help in this point.


3. I will submit below supporting docs together with IMM5511 and copies of each page of passports for me and my wife:

- letters of verifying employment from each employers I have worked since arrival and copies of all pay cheques from each employer;
- letter from Canadian Red Cross about my volunteering since arrival until present;
- letter from landlords where I am renting an appartment since arrival;
- report cards from my kids school since arrival until present;
- letter from York University where I study presently;
- letter from Government funded LINC english language school for my wife which includes detail attendance record for my wife;
- letter from Health Clinic where my wife volunteered in summer 2014 and 2015 during summer break from school;

Above is the list that I have in mind so far. Do you think anythink else should be added in the list of supporting documents?


Can you please help me in each of the above questions.


Thanks in advance

 

[Rustamjan]

Dear experts,

Please, can somebody help me at the earliest convenient time.


Thanks

 

[dpenabill]

Dear experts,

I highly appreciate your valuable responses for my previous posts and . . .

Any posts here claiming to be by an expert should not be trusted, or at least approached with caution unless the advice or information is readily verified.

For expert opinions or advice, see a qualified professional. While there are authorized consultants, given the not-so-positive history of this group I tend to suggest seeing licensed immigration lawyers rather than consultants. This is not to say all consultants are bad, nor that all lawyers will be good, just that the history suggests being skeptical of consultants unless you have a very credible reference from a trusted source.


Overall:

. . . how serious is my situation . . .

I am no expert but it is probably safe to say your situation is not serious. You cut it very, very close, so IRCC needs to do due diligence and verify you and your family are meeting your PR obligations, the PR Residency Obligation in particular. Having cut it so close, it should have been easy to forecast the likelihood of receiving the IMM 5511 request.

But if your information and documentation do indeed show you have been living and settled in Canada since January 18, 2014, the worst case scenario is just this, the inconvenience of having to do this extra work to prove your compliance with the PR RO, and some delay in processing the application.

Obviously, in contrast, if you have not actually stayed in Canada all the time you reported, or if for some reason IRCC was in possession of some information or evidence to indicate you were outside Canada when you declared you were in Canada, well then there could be problems. I assume this does not apply at all to you.




Responding to IMM 5511:

Again, I am NO expert, but I can offer the following observations:

Foremost: Follow the instructions. Read the form and any accompanying communication carefully. Use your best judgment to clearly and accurately and completely respond to all items requesting information. Use your best judgment to identify what documents are requested and provide those documents.

Generally there is no need to read additional requirements into the instruction. For example, unless the instructions state that a document is to be the original, a copy should suffice; unless the instruction states that colour copies are required, black & white photocopies should suffice. Note, however, be sure the photocopies are as legible as the original.

Printing scans of documents is not the same as a photocopy; if using a scanner to make copies, be sure to make them the same size as the original.

While the general instructions for completing the PR card application do not specifically apply when submitting the IMM 5511 form, you can at least consult the guide for making the PR card application to help you understand what is expected. Again, however, foremost follow the instructions in the form and any other communication you actually received.

But, for example, if the form and accompanying communications do not clearly state what is required, in terms of translations, you can revisit the general guide for the PR card application and what it states about providing translations.

Generally, any documents submitted to IRCC which contain information that is not in one of the official languages (French or English) must be accompanied by a proper translation of the information that is not in English or French. Translators must be qualified, and in particular, cannot be done by the applicant or any family member.

Of course any information that is not in English or French must be translated. While this is not necessarily strictly enforced, as such, the prudent PR will indeed be sure to have a complete translation. So yes, of course, obviously, if a stamp in a passport contains information in a language other than French or English, it needs to be translated (not sure why anyone would think there is an exception for stamps in passports).

As to notarizing all pages, or just one general certification for the whole of the passport, I do not know for sure, but my sense is the latter and that is what I have seen advertised by those providing notary services, though some will add a small charge per page (typical charge: 25 cents per additional page) depending on the total number of pages. My understanding is that the notary will indicate the number of pages in the document near the notary's signature and will otherwise stamp each page. If you go to a notary, especially if the notary is also a consultant or in the employ of a consultant, and there is a demand for payment of a full notary fee for notarizing each page, I'd suggest taking it to a different notary.

2. I did not understand question 7a in IMM5511 "Were there any terms and conditions applied to you at the time you were granted permanent residence of landed in Canada?"

I am not familiar with the particular questions in the IMM 5511 form itself, but I believe this is in reference to conditions which if applicable to you, you should be well aware of. For example, some entrepreneur class PRs have specific conditions which must be met, and if not met they will lose PR status. Any conditions should be indicated in your CoPR (at least by code).


Sufficiency of documents being submitted:

Foremost, be sure to include all documents requested, as instructed, at least as best you can. If you cannot submit any document requested, be sure to acknowledge it is not included and explain why not. Thus, for example, if you need to obtain the document from another source (bank, government agency, whatever), and are not able to get it to include in time, indicate what the document is, that you do not have it, who you are seeking to obtain the document from. You can further state you will submit the document when it is obtained.


As for what you have listed: again, I am NO expert (sorry about repeating this, but it is important to recognize that information and observations in this forum should not be mistaken for expert advice). But yes these documents seem to be the appropriate ones to submit (assuming you are following the instructions) but a critical aspect of these is that they cover the whole time you report being in Canada. Any gap in coverage is where you need to focus additional attention and attempt to find other, additional documentation to cover that gap.

However, for verifying employment you really need CRA documents: T-4s and Notices of Assessments for both 2014 and 2015. While letters from employers may be good supplemental documentation, it is really important to submit copies of the T-4s for 2014 and 2015. The pay cheques should help establish the dates of employment, which is important. (The problem is that letters and copies of pay cheques are so easily dummied-up that it is important to submit documents which can be independently verified, like CRA documents.)

If you want to double check your submission, you can create a list or spreadsheet identifying which documents show actual activity or presence in Canada for each month in the two plus relevant years. Then consider how convincing or persuasive that documentation is for each respective month. If you identify any months for which the documentation is not strong, you may want to see if you can find further evidence to document each of those months.

One mistake some make is to look at their submission as a whole, looking at the totality of documentation being submitted. But if a lot of that documentation goes to the same months, and some months there is not much, it is those months for which there is not much that can become the focus of more critical examination.

As I noted, despite not being an expert, my sense is that this is about IRCC doing due diligence given how close you cut it, and that a reasonable amount of evidence showing you and your family living in Canada from January 2014 until now will suffice. No serious problems.

Good luck.

 

[Rustamjan]

Thank you very much dpenabill for your detail feedback.

I understand now why my post did not get responses. Below I have removed "Experts" and would appreaciate more responses for my post:



Guys,

I highly appreciate your valuable responses for my previous posts and would be very much thankful for your help in below issues.

Just a quick reminder of my situation as you might not remember each of the posts.

Me and my family members (wife, two daughters and myself) landed in Canada 13 November 2010 and returned to our country of origin on December 15. When we returned home my wife delivered 3rd daughter (non-PR). We applied for TRV for my non-PR daughter in 2014 when we decided to permanently return to Canada. Unfortunately, visa was rejected by embassy and we had to leave our baby with my sister. While entering Canada in Pearson visa officer gave us hard time asking many questions. We were asked to come to airport in a couple of weeks. CBSA officer first made a departure order, then decided to cancel departure.

Upon arrival I started sponsorship of my non-PR daughter and fortunately was successful. She is with us more than a year.

We returned to Canada January 18, 2014 being absent from Canada in total 3 years and 1 months. Recently, January 27, 2016, after accumulating more than 730 days of physical presence in Canada (since last arrival in January 18, 2014) I applied for extension of PR cards for my family. Even though I provided lots of documents to CIC I received a letter with IMM 5511 questionnaire on May 12, 2016.

Experts, please, let me know how serious is my situation.

Also, I need help in below:


1. CIC requested copy of each page of passport for me and my wife.

Do I have to print each page in colour printer ?

Do I have to officially translate into English each stamp on each passport page ?

Do I need to notarize all passport pages ?


2. I did not understand question 7a in IMM5511 "Were there any terms and conditions applied to you at the time you were granted permanent residence of landed in Canada?" Please help in this point.


3. I will submit below supporting docs together with IMM5511 and copies of each page of passports for me and my wife:

- letters of verifying employment from each employers I have worked since arrival and copies of all pay cheques from each employer;
- letter from Canadian Red Cross about my volunteering since arrival until present;
- letter from landlords where I am renting an appartment since arrival;
- report cards from my kids school since arrival until present;
- letter from York University where I study presently;
- letter from Government funded LINC english language school for my wife which includes detail attendance record for my wife;
- letter from Health Clinic where my wife volunteered in summer 2014 and 2015 during summer break from school;

Above is the list that I have in mind so far. Do you think anythink else should be added in the list of supporting documents?


Can you please help me in each of the above questions.


Thanks in advance

 

[Almost_Canadian]

For photocopy of each passport page :
They need it to verify each and every entry/exit which you made over the last five years counting from your date of application. If you have more than one passport which you used during that time, you need to get it done for every passport. Don't forget - each and every page. If you miss some pages then they will think why you didn't provide it- is there some stamp on that page ?

Color printer doesn't give very fine resolution so it's better to go to copy center like Fedex or Staples and do it there. It will be a bit more expensive but it will be worth it.

No need to notarize your passport copies.

If any entry/exit stamp has foreign language only - then you need to get that stamp translated. If it is a stamp in 2 languages - one foreign and other one could be English or French, then no need for translation.

Terms and conditions for PR card- It means that when you were issued the PR card was there any condition attached to it- such as you have to stay together with your wife ( in case of spousal sponsorship) for certain no of years or anything else like that.

Letter from Landlord - send original not photocopy.

Write a cover letter and explain all documents you are sending. I didn't see Tax Assessments in your list so I presume you haven't filed taxes. You need to explain in your letter why as this is one of the documents required for renewal of PR

Hope this helps.

 

[dpenabill]

No need to notarize your passport copies.

It is correct that generally passport copies do not need to be certified (notary certification that copy is a true and correct copy of the original). However, when a document is translated, a certified copy of the original document is required. Thus, when a passport contains information which must be translated, a certified (typically notarized) copy of the passport needs to accompany the translation, and the translator's verification/affidavit will refer to the translation as a true and complete translation of the certified copy of the document.

See guide, for example, which states (emphasis added):
"Any document that is not in English or French must be accompanied by:

-- the English or French translation; and
-- an affidavit from the person who completed the translation; and
-- a certified copy of the original document."

Also states:
"Authority to certify varies by province and territory."

Thus, the certification may be done by someone other than a notary, but generally a notary is authorized to do this.

I do not know, but maybe Official or Authorized Translators have the authority to certify the copy included with the translation; again this may vary by province.

 

[Rustamjan]

Thanks dpenabill and Almost_Canadian for your valuable advice.

If somebody had the same situation I would appreciate to read the results of your process.


Thanks