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APPLICATION PROCEDURE

You must send your sponsorship application together with the application for immigration of the person you wish to sponsor along with all required documentation to the CPC (see Step 5), and pay the applicable fees.

If the forms and supporting documents received at the CPC are incomplete, they will be returned to you. If they are complete, the CPC will begin assessing your application. If you think you are eligible to sponsor and wish to support the immigration application of your spouse, common-law or conjugal partner, dependent child and their family members, read carefully the following instructions.

Step 1. - There is only one copy of each of the forms included for the sponsorship application and for the immigration application. Make enough photocopies of the blank forms for your needs.

Forms for the sponsorship application. — If you live in a province or territory other than Quebec or are living exclusively outside Canada and intend to live in a province or territory other than Quebec upon your return, you must complete the following forms:

• the Application to Sponsor and Undertaking (form IMM 1344A);

• the Sponsorship Agreement (form IMM 1344B; must also be signed by the person you want to sponsor);

• the Sponsorship Evaluation (form IMM 5481);
If the person you are sponsoring is: a) your spouse, common-law partner or conjugal partner and he or she has dependent children who have children of their own; or b) your dependent child and he or she has dependent children, you will have to complete the Financial Evaluation form instead. To obtain this form, contact a Call Centre and ask for kit IMM 5482 or download it from our Web site.

• the Statutory Declaration of Common-law Union (form IMM 5409), to be completed only if you have a co-signer and he or she is your common-law partner;

• the Receipt (form IMM 5401 – see section on fees); and

• the Checklist (form IMM 5491).

If you live in Quebec or are living exclusively outside Canada and intend to reside in Quebec upon your return, you need only complete:

• the Application to sponsor and Undertaking (form IMM 1344A);
The CPC will send a copy of your IMM 1344A to the MRCI in Quebec, who will send you additional documents to complete, including a Formulaire d’engagement (a separate undertaking form). The MRCI will provide you with all necessary instructions.

• the Receipt (form IMM 5401 – see section on fees); and

• the Checklist (form IMM 5491).

If you choose to have a representative, complete also the Authority to release personal information (form IMM 5476).

Forms for the immigration application. — The person you want to sponsor and his or her family members must complete the following forms and return them to you:

Forms to be completed by the person you wish to sponsor only:

• the Application for permanent residence (form IMM 0008 Generic);

• the Spouse / Common-law or conjugal partner questionnaire, if applicable (form IMM 5490).

Forms to be completed by the person you wish to sponsor and, if applicable, each of his or her family members 18 years of age or older:

• the Schedule 1 (Background / Declaration form);

• the Additional Family Information form (IMM 5406)

If the person you wish to sponsor chooses to have a representative, he or she should also complete the Authority to release personal information (form IMM 5476).

Step 2. - Send to the person you want to sponsor the guide Immigrating as a spouse, common-law or conjugal partner, or dependent child with all the related forms. Include the Sponsorship Agreement (form IMM 1344B) signed by you and, if applicable, your co-signer if you live in a province or territory other than Quebec. The person you want to sponsor and his or her family members will complete the forms and return them to you with the supporting documents.

Make sure you inform them of the address where you live.

Step 3. - Complete the forms as instructed in the following pages.

Step 4. - Collect the documents you need to support your application. The Checklist will tell you which supporting documents must be originals and which should be photocopies. It will also tell you which require translation and/or certification (notarization).

Use the Checklist to make sure that you have included all of the required documents. The CPC or visa office may request more information at any time during the process, even if the requested information is not listed on the Checklist.

Step 5. - Gather the forms the person being sponsored and his or her family members returned to you.

Ensure they are completed and signed and are accompanied by the supporting documents. Send them with your forms along with all the supporting documentation to the CPC. Do not forget to include a copy of your receipt. The CPC’s mailing address is:

Case Processing Centre – Mississauga
P.O. Box 3000, Station A
Mississauga ON L5A 4N6

The envelope will require more postage than a normal letter. To avoid having your application returned to you, have the post office weigh it before mailing.

Sponsors must pay all processing and right of permanent residence fees associated with their case. See section on fees. In addition to these fees, Quebec residents will have to pay the provincial government the fees it charges to process the undertaking they submit to the MRCI.

All information and documents are required to assess applications correctly and quickly. If the documents received by the CPC are incomplete, applications will be returned to sponsors to be resubmitted with missing documentation.

Unless notified otherwise, advise the CPC immediately, by mail or facsimile (905 803-7392) if, following the submission of your application, there are any changes to your family status such as marriage, divorce, births, deaths, your address or telephone/fax number, or any other important information. When advising the office of such changes, you must clearly state your file number, which will be found at the top of any correspondence the CPC will send you to acknowledge the receipt of your application.

What fees are required?

The processing fees, which must be paid when you submit your sponsorship application, consist of the following:

• $75 for the sponsor;

• $475 for a principal applicant (the person being sponsored) who is 22 years of age or older, or who is a spouse, a common-law partner or conjugal partner, regardless of their age;

• $75 for a principal applicant who is under 22 years of age and not a spouse, a common-law partner or conjugal partner;

• $550 for each family member who is 22 years of age or older, or who is a spouse or a common-law partner, regardless of their age; and

• $150 for each family member who is under 22 years of age and not a spouse or common-law partner.

The Right of permanent residence fee, which may be paid at the same time as the processing fees or afterwards, but before the application for permanent residence of the person you want to sponsor can be finalized, is:

• $975 for a principal applicant and family members who are not exempted.

The Right of permanent residence fee is refunded if the application is refused or withdrawn.

If you pay the Right of permanent residence fee at the same time you pay the processing fees, it will facilitate processing as we will not have to contact you later. If you do not do so, you will be asked to pay this fee when we are ready to issue the permanent resident visa. Failure to pay the fee at the time of submission of the application will result in a minimum additional two-month delay in the finalization of the application.

Are fees refundable?

Processing Fees

Processing fees are fully refundable only if, before an officer starts assessing your eligibility to sponsor, you notify the CPC in writing not to assess your sponsorship application. Processing fees are partially refundable if the CPC determines you are ineligible to sponsor and you have notified the CPC not to process the application for permanent residence of the person you want to sponsor. The amount refunded will be equal to the amount you have paid less $75. Once processing has started on the permanent residence application by the visa office, you will not be entitled to any refund of the processing fees.

After reading this guide, you should be able to decide whether you are eligible to sponsor a member of the family class and what information and documentation is required for the application to be approved.

Make sure that you are eligible before you pay your fees and that you provide all the information requested before you send the applications to the CPC for processing.

Right of Permanent Residence Fee

If you have paid the Right of Permanent Residence Fee, it will be refunded to you if the application for permanent residence of the person you want to sponsor is refused (i.e., by the processing centre, visa office, Appeals, or upon receipt of a written request to withdraw) or if the person you are sponsoring is not granted permanent resident status. If you are entitled to a refund, you should receive it 4 to 6 weeks after the refund request has been processed by the CPC.

Do not send cash, personal cheques, bank drafts or money orders to the CPC unless instructed otherwise.

What happens with your application at the Case Processing Centre?

The application you send to CPC is verified for completeness. If it is complete, an officer will asses whether you meet the sponsorship requirements or not and inform you by way of a letter of the results of the assessment. If you need to provide additional documents or pay additional fees, your application will be returned to you with a letter asking you to provide the missing information or fees.

If you reside in Quebec, the CPC will inform MRCI of your application. The provincial authorities will send you additional information and instructions regarding the assessment of your financial situation, if applicable. After you have completed the required forms and provided the supporting documents, MRCI will let you and the visa office responsible for processing the application of the person you are sponsoring know whether your undertaking has been accepted or refused.

If all of the sponsorship requirements are met, the application for immigration to Canada of the person you are sponsoring will be sent to a visa office abroad for processing. If you are a Quebec resident, processing will begin when MRCI informs us they have approved your undertaking.

If you fail to meet the sponsorship requirements, the CPC will inform you of the results of the assessment and will refund part of the processing fees you paid, provided you have indicated as much on your application to sponsor (IMM 1344A). The application of the person you are sponsoring will not be sent abroad and, therefore, will not be processed. You will not have a right of appeal. If you are a Quebec resident and MRCI refuses your undertaking, we will refund your processing fees, with the exception of the $75 sponsorship fee, provided you have indicated as much on your application to sponsor (IMM 1344A).

If you have not indicated on the IMM 1344A your choice for a partial refund, in the event you do not meet the sponsorship requirements, the application of the person you are sponsoring will be sent for processing at a Canadian visa office. You will not be entitled to a partial refund of the processing fees once processing of the application for permanent residence has begun.

What happens to the sponsorship and permanent residence applications if you submit an application for someone who is not sponsorable or is excluded as a member of the family class?

The CPC will note that you fail to meet the requirements for a sponsorship as your sponsorship application has been submitted on behalf of someone who is not a member of the family class. If you have indicated that you wish to withdraw the sponsorship, all processing fees except the sponsorship fee ($75) will be returned to you. If you wish to have the application sent to a visa office, the visa office will refuse the family class application as there is no valid sponsorship and it was not submitted on behalf of someone who is a member of the family class. You will not be eligible for any refund of fees if the application is sent to the visa office.

If you choose to withdraw the sponsorship, you will not have appeal rights.

What happens with the application of the person you are sponsoring at the visa office?

The visa office will review the application and supporting documentation to assess the eligibility of the person you are sponsoring as a member of the family class and his or her admissibility as an immigrant to Canada. It will contact that person to let him or her know if additional supporting documents need to be provided or an interview is required. The visa office will make a final decision to either approve or refuse the application for permanent residence.

If the application is refused, both the person you are sponsoring and you will be informed in writing of the reasons for the refusal. You will be notified of your rights to appeal and be provided with the instructions to commence an appeal, should you decide to do so.

What if you have a co-signer and he or she withdraws his or her financial support?

If your spouse or common-law partner withdraws support for the sponsorship application, you or your spouse or common-law partner must write a letter to the CPC in Mississauga and the visa office before permanent resident visas are issued to the person you are sponsoring and his or her family members.

You must include an amended copy of the sponsorship application and agreement, initialled by you and your co-signer, removing the co-signer’s support. We will assess your financial situation to see if you have enough money to support your family without a co-signer. If you do not meet the financial requirements on your own, the application for permanent residence will be refused.

What factors can slow down processing?

Here is a list of common factors that can slow the processing of your application.

• Incomplete or unsigned application forms

• Incorrect, incomplete address or failure to notify the CPC of a change of address

• Missing documents

• Unclear photocopies of documents

• Documents not accompanied by a certified English or French translation

• Investigation of sponsors by CIC

• Verification of information and documents provided (e.g., there may be lengthy procedures for background checks in the countries where the applicant or his or her family members have lived or need for a second interview for additional background screening)

• A medical condition that may require additional tests or consultations

• A criminal or security problem (e.g., failure to declare family members or criminal charges pending)

• Family situations such as impending divorce, custody or maintenance issues

• Completion of legal adoption

• Consultation is required with other offices in Canada and abroad

• Inquiring about the status of your application before the standard processing time has elapsed

• The applicant is not a permanent resident of the country in which he/she currently resides

• The applicant or his or her family members require an interview and resides in an area not regularly visited by immigration officials

If your case is not routine, we may not be able to process your application within the regular service standards for routine cases.

How to find out what is happening on your application

Once you have received acknowledgement from CIC that your application has been received, you can find out the status of your application by logging on to our Web site at www.cic.gc.ca and clicking consecutively on on-line services and e-Client Application Status, or by calling a Call Centre and speaking to an agent.

Can anyone else obtain information on your application status?

Only clients or their authorized agents who are able to provide the required identification information will have access to information on your application status, either through the on-line service (e-Client Application Status) or a Call Centre.

How to remove to your application status from the Internet

If you do not want the status of your application on the Internet, you can remove it. Once you have received acknowledgement from our office that your application has been received, you can find out the status of your application by logging on to our Web site at www.cic.gc.ca and clicking consecutively on on-line services and e-Client Application Status. Then simply select the check box to remove your application status from the Internet. You can also call a Call Centre and ask an agent to remove access.

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