In the previous article, we looked at the five of the most common mistakes that applicants make in completing their application for spousal sponsorship application which are: 1) ineligibility of the sponsor and/or sponsored spouse, 2) using the wrong forms or old version of forms, 3) incomplete or unsigned/undated forms, 4) failure to validate forms, and 5) incomplete supporting documents. In this article, I will draw your attention to the five other mistakes in a spousal sponsorship application.
- 6 Paying the application fee incorrectly
The fees vary depending on the number of the family members. The fee for the sponsorship application is $75 and the principal applicant (sponsored spouse/partner) should pay $475. If the sponsored spouse/partner has dependent children (under 19 years old), then another $150 fee for each dependent should be paid.
- 7 Failure to submit police certificate
The sponsored spouse or partner and dependent family members who are 18 years and above, if any, must submit a valid and original police certificate from all countries other than Canada where they have spent six or more months since the age of 18. For applicants from the Philippines, the acceptable police certificate is the one issued by the National Bureau of Investigation (NBI). Certificates issued by local police stations are not acceptable.
- 8 Upfront medical examination from unauthorized physician
The sponsored spouse or partner and all dependent children must undergo upfront medical examination. Non accompanying family members have to undergo the medical examination. The examination must be conducted by the Panel of Physician authorized by the IRCC. The list of authorized panel of physician can be found at this link: http://www.cic.gc.ca/pp-md/pp-list.aspx.
- 9 Inconsistencies and gaps in the personal history and addresses
Schedule A – Background/Declaration (IMM 5669) requires the declaration of the personal history and addresses of the sponsored spouse/partner since the age of 18, or the past 10 years, whichever is most recent. Ensure that no gaps in time are noted in the details of the personal history or address. Failure to disclose all the time period will cause delay in the processing of the application, or your application may be returned as incomplete.
- 10 Use of unauthorized representative
If someone assisted you to prepare and complete your application for a fee or any form of consideration for the services provided, make sure that he/she is authorized by law to do it. Authorized representatives are: 1) ICCRC licensed immigration consultants, 2) lawyers and paralegals who are members in good standing of a Canadian provincial or territorial law society and students-at-law under their supervision; or notaries who are members in good standing of the Chambre des notaires du Québec and students-at-law under their supervision. Your application will be returned if you engage and appoint a representative for a fee or consideration who is not a member in good standing of any of those bodies.
Applicants are not obliged to hire authorized representatives to represent them in their application. However, if you have issues in your personal circumstances and need to address them in your application, or if you do not know or unsure on how to complete the application, you can consult an immigration professional or contact IRCC.
Part 4 of this article series will be about the documentation requirements and tips on how to prepare a complete spousal sponsorship application.
Giovanni is an articled student at Equity Law Group. Articling is the last phase of becoming a lawyer in Canada. Law Society of British Columbia Rule 2-60 permits an articled student to provide all legal services that a lawyer can offer, with some exceptions. He is also a licensed immigration consultant with ICCRC, a Philippine Trial lawyer, Certified International Trade Professional in Canada, and an Arbitrator. If you need help with your sponsorship application or have questions about the process, you can reach Giovanni at giovanni@equitylawgroup.ca
Disclaimer: This article is for information purposes only and not to provide specific legal advice.
By: Giovanni Mata