I can't believe I missed this one... UGH... ;) LOL
I have a question on Imm 5481 (I am filling this out for my Canadian husband) Q6b any other family member you are supporting whether they live with you or not.
My husband pays his ex spousal support so do i have to list her even though she's technically not a family member since they are divorced. Do I put 3 in that spot for her and their 2 children?
I wonder why he has to file this if spouses are exempt from having to prove financial support. I guess they want to know you have a job which he does so there is no trouble there. Money is just tight having to pay her close to $3,000 a month.
Thanks!!
Shawn
Hi,
Yes, definitely for his children.
Q6b "Any family member who is financially dependant on you"
His children are his family and are financially dependant (ie support payments are being made) and you must put them down.
He will need to show proof that he is not in arrears with child support before they will continue with the sponsorship evaluation.
As to his ex-wife and paying spousal support I am not sure whether that would need to be put down or not, although I suspect that it should be. A quick call to the CIC call centre would probably get you the answer - or advice from someone on here that has more knowledge.
Whilst spouses are income exempt, there is still a requirement to show that they have sufficient income to support the person being sponsored for 3 years (if just the spouse, more if there are children involved as well).
:)
Siouxie Wrote:Hi,
Whilst spouses are income exempt, there is still a requirement to show that they have sufficient income to support the person being sponsored for 3 years (if just the spouse, more if there are children involved as well).
:)
Actually, this isn't quite right - there is no requirement for a spousal sponsor to show that s/he has sufficient income to support the person being sponsored. Minimum income exempt means there is no "sufficient income" assessment, although a spousal sponsor usually does need to show that they're employed and able to honour their
undertaking.
IMM5481 asks that the sponsor lists the
number of family members financially dependent on them, not a $$ amount of support being paid. I don't think that an ex-wife who is receiving spousal support counts as a family member who is financially dependent on the sponsor - unless that person is someone who was previously sponsored and the undertaking is still in effect. So I disagree that she needs to be listed AND, in fact, listing her as a dependent might open up a great big can of worms. Imagine them deciding that his listing her as "financially dependent" on him means that he still considers himself responsible to provide for her - because maybe they're actually still in a relationship and only divorced so that he could marry you so you could come to Canada - and the agreement you've all made together is that he'll divorce you and remarry her as soon as you've landed. Never underestimate what they've seen before - and will see again - and will apply to you if they feel like it. You may not like it that he pays almost $3K/month in support - but leave CIC out of it.
Thank you both so much!!!
Here is the part I mentioned in another post that I didn't want to repeat.
His now ex is from England and she never got her status. They were married 9 years and at first they didn't do it because their two children came along and couldn't do the medicals but then she just didn't get it done and even after coming through the airport into Canada from England they told her to GET IT DONE and she still didn't.
She filed in December 2006 for status. Then on 3/3/07 she told him she wanted a divorce. She wanted to get back together in June of 2007 and he said NO it wasn't for the best. So he was just trying to deal with the emotional stuff that divorce causes and then I came alone 1/2008. We had an instant connection and yet I knew he had things to finish up so we just honored that space. He was informed November 2008 that he needed to withdraw his sponsorship of her because they were getting divorced so he did. He got the letter stating that the sponsorship was pulled. She was angry and accused him of all sorts of things. He was kind enough to find an attorney who deals with compassionate cases but she thought it was a trick and found her own. She came back later stating she should have listened to him because her attorney was useless..
Ok so in the meantime she filed for divorce in 1/2009 and their divorce was final June 15, 2009 and as far as we know she has been waiting for her status based on compassionate grounds. Both their children were born here and she has property that was theirs but her parents bought it out from under him and put a house on it for her so she has no rent or mortgage.
She home schools the children and he has been providing all of her support their whole marriage and even when she took the kids and left he paid all the bills so she is dependent on him through the courts until she gets status. Well he has to pay 4 years spousal support but it starts at the time the marriage dissolved so that has already been 3 years so one more to go but if she doesn't get her status in that time the courts can make him pay till she is able to get a job. If she uses home schooling as a reason for not being able to work they will have to fight that at a later time.
SO at this time and space he is responsible as if he was a sponsor but he is not her sponsor so already I worry about that issue.
I don't want her to be thrown out in the cold and most important I don't wan the kids affected so I am ok with him paying her support till she gets status. I just want that to not affect our lives going forward because we want to start creating a life but money is tight. I pretty much used up most of my house money to pay for things for us during the past 2 years. So it's all gone now too because it's hard maintaining 3 homes. ;)
So what do you think I need to put on the application now? I am thinking 3 because of the spousal support and she is relying on his income solely till she gets status and there is a question that says have you ever filed an application to sponsor before and he has to say yes anyways so they already know. I want this to be all up front and done the right way. :)
Oh and don't worry about the CIC thinking they are getting back together after I get status. I have plenty of emails filled with rage at her so there should be no problem with that. :)
Thanks again so much!!! I did panic a bit when I saw that form.
I appreciate you both for helping!! :)
Shawn
Sorry Robsluv - I stand corrected :)
I wasn't sure whether the ex had to be put down or not - I just knew the children had to be ...
budsnspuds - listen to Robsluv - she is very knowledgable!!
:)
I still don't think she qualifies as a "dependent" family member just because he is paying spousal support. He is not her sponsor - CIC required the application withdrawn because of the divorce. The divorce meant she was no longer an eligible PR applicant - and even if she finally gets status as a result of her H&C ap, he still isn't responsible for her in CIC's eyes. It might be helpful to read through the definitions of family members and dependents in the
Regulations.
Quote:Definition of "family member"
(3) For the purposes of the Act, other than section 12 and paragraph 38(2)(d), and for the purposes of these Regulations, other than sections 159.1 and 159.5, “family member” in respect of a person means
(a) the spouse or common-law partner of the person;
(b) a dependent child of the person or of the person’s spouse or common-law partner; and
(c) a dependent child of a dependent child referred to in paragraph (b).
“dependent child”, in respect of a parent, means a child who
(a) has one of the following relationships with the parent, namely,
(i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or
(ii) is the adopted child of the parent; and
(b) is in one of the following situations of dependency, namely,
(i) is less than 22 years of age and not a spouse or common-law partner,
(ii) has depended substantially on the financial support of the parent since before the age of 22 — or if the child became a spouse or common-law partner before the age of 22, since becoming a spouse or common-law partner — and, since before the age of 22 or since becoming a spouse or common-law partner, as the case may be, has been a student
(A) continuously enrolled in and attending a post-secondary institution that is accredited by the relevant government authority, and
(B) actively pursuing a course of academic, professional or vocational training on a full-time basis, or
(iii) is 22 years of age or older and has depended substantially on the financial support of the parent since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition.
As far as anyone thinking (or not) that he'd go back to her - whether it's a realistic idea or not is not the point. You have to understand that all an assessing officer has to have to refuse your application is some obscure reason to believe your marriage is a sham. Then you have to go to appeal - and, having been through that, you're then looking at a good 2 years to get things straightened out.
What I'm trying to say is that I don't think it would occur to most people to consider an ex-spouse as their dependent - so, including her name in a list of people he considers himself to be responsible for/to would probably be a huge red flag for the assessing officer.
Some people might think I'm over-reacting, but I've seen CIC in action and watched them arrive at conclusions all the time - conclusions that have no basis in fact or law - that adversely affect people's lives. If they come back to him at some point and ask about whether he's supporting his ex-wife, then he'll have to be honest about it. But it's a piece of information that experience tells me has absolutely NOTHING to do with your application for PR and if you guys go there, you potentially bring yourselves a lot of hassle you really don't need.
Thank you so much Robsluv... I didn't see this till just now 17 days later. I never got an email notice and haven't been here for a bit.
I appreciate your knowledge and I will follow your advice!!! :) Thank you again so much and I apologize for not responding sooner!!! :)