Settlement Funds question

[jhjeppe]

Good day

I received my request for my passport today so that cic may issue my PR visa. This is a skilled worker application via the fast track. This application has been in process for the last 20 months. I sent my passport this morning.

They requested settlement funds from me earlier this year, but my wife (Canadian Citizen) signed a statutory declaration informing them that she will be financially responsible for me. We also applied for spousal sponsorship as a second application but I think she might have canceled it. It seems that they have accepted this as form of settlement funds. Unfortunately my wife and I have grown apart in the last couple of months, we have recently sepperated. My question is: how will this impact my landing experience? will the Immigration officer ask for any form of funds? It is really bothering me and I am extrememly nervous about this. What if I secure a job offer from a employer? What if other family in Canada vouch for me as far as finances go?

I would really appreciate some insight on this matter.

 

[wilson]

As your wife canceled the spousal sponsorship application, perhaps she might have withdrawn or requested CIC to cancell the statutory declaration for financial undertaking also. But there is another point that how CIC could know now about your separation?. However, my opinion is that being a PR visa holder of FSW category, you have the obligation to take the required funds while landing.

I hope there can be different opinions about this subject.

 

[Vangelis21]

I want to ask about ... "They requested settlement funds from me earlier this year, but my wife (Canadian Citizen) signed a statutory declaration informing them that she will be financially responsible for me"

what exactly is this? can only a spouse do it or anyone?

 

[mitali]

Good day

I received my request for my passport today so that cic may issue my PR visa. This is a skilled worker application via the fast track. This application has been in process for the last 20 months. I sent my passport this morning.

They requested settlement funds from me earlier this year, but my wife (Canadian Citizen) signed a statutory declaration informing them that she will be financially responsible for me. We also applied for spousal sponsorship as a second application but I think she might have canceled it. It seems that they have accepted this as form of settlement funds. Unfortunately my wife and I have grown apart in the last couple of months, we have recently sepperated. My question is: how will this impact my landing experience? will the Immigration officer ask for any form of funds? It is really bothering me and I am extrememly nervous about this. What if I secure a job offer from a employer? What if other family in Canada vouch for me as far as finances go?

I would really appreciate some insight on this matter.

Sorry to know about your situation and understand the stress you are going through. I have some questions if you could answer them please:

1. Who is the Principal applicant? If your spouse was PA then ignore question 2.
2. Did you get any points for your spouse and did that impact the basic eligibility to achieve 67 points?
3. When the initial POF was shown was it in the name of your spouse or did you have any contribution towards it? When did the the declaration regarding the funds happen? Is it possible to convince her to maintain the POF for you?
4. Did you inform your VO regarding your separation?

If she maintains the POF for you then you can land because as a dependent you do not need to show POF. BUt if she withdraws herself then you can not land....esp if she has informed CIC regarding the separation...as in that case CIC will definitely consider this as "Marriage of convenience".... CIC is in the process of implementing new rules wherein the couple has to remain married for 2 years.

If you secure a job (AEO or LMO based) then you can enter Canada (take into consideration the processing times) but will not have PR unless you qualify.... which is all together a NEW processing depending on the rules that will be at that time.

Help from other family members will not help you (for your current situation to gain entry in Canada without your ex spouse's help) as CIC needs to have solid proof that YOU have money to settle in Canada and the money is NOT BORROWED.

Mitali

 

[Cappuccino]

Sorry to know about your situation and understand the stress you are going through. I have some questions if you could answer them please:

1. Who is the Principal applicant? If your spouse was PA then ignore question 2.
2. Did you get any points for your spouse and did that impact the basic eligibility to achieve 67 points?
3. When the initial POF was shown was it in the name of your spouse or did you have any contribution towards it? When did the the declaration regarding the funds happen? Is it possible to convince her to maintain the POF for you?
4. Did you inform your VO regarding your separation?

If she maintains the POF for you then you can land because as a dependent you do not need to show POF. BUt if she withdraws herself then you can not land....esp if she has informed CIC regarding the separation...as in that case CIC will definitely consider this as "Marriage of convenience".... CIC is in the process of implementing new rules wherein the couple has to remain married for 2 years.

If you secure a job (AEO or LMO based) then you can enter Canada (take into consideration the processing times) but will not have PR unless you qualify.... which is all together a NEW processing depending on the rules that will be at that time.

Help from other family members will not help you (for your current situation to gain entry in Canada without your ex spouse's help) as CIC needs to have solid proof that YOU have money to settle in Canada and the money is NOT BORROWED.

Mitali

Yes I agree Mitali. There are several issues here. Although it should first be noted that since his spouse is a Canadian Citizen then I do not think his spouse was the PA!

Anyway Jhjeppe
1) If you have separated from your wife prior to landing, then you must inform CIC. Especially since this could affect your adaptability points.
2) As principal applicant you must show proof of funding. Ordinarily the funding could be shown in the name of the accompanying spouse, but since you have separated from your wife I do not believe any funds in your wife's name could be used. So the funds as Mitali rightly says must be in your own name and cannot be borrowed.

My advice is to ensure that you have the full funds prior to landing. Although the officials at immigration do not always ask to see proof of funding, they do sometimes, and if you cannot provide it they can refuse to admit you.

Therefore if you don't currently have adequate funding I would wait until you have saved up the funds prior to landing.

If your wife is still interested in helping you, she can give you funds as a GIFT if you provide a signed affidavit that this is a gift and that it does not have to be repaid. However, this being the case you will need to investigate the tax implications in your own country of receiving such a large amount.

Likewise family members CAN gift you money to help, but you will need signed letters stating that this is a gift and does not have to be repaid.


In short, play it safe. If you attempt to land and you are refused because of lack of proof of funds, then you are not from a visa-exempt country you can't even enter Canada as a visitor and will have to wait in the airport until you get a flight home!

Wayne.

 

[Vangelis21]

I want to ask about ... "They requested settlement funds from me earlier this year, but my wife (Canadian Citizen) signed a statutory declaration informing them that she will be financially responsible for me"

what exactly is this? can only a spouse do it or anyone?