Questions about living arrangements Outland Spousal Sponsorship

[NewfieinToronto]

Hi, I’m Canadian and living in Toronto. I am sponsoring (outland spousal sponsorship) my husband who is Venezuelan. I need advice on how to answer questions regarding our living arrangements.

First a bit of background: During our relationship he has come here on a TRV and now a Business-Visitor visa which is valid until 2017. He has visited and stayed with me on a number of occasions but never overstaying the 6 month maximum stay. There are a number of questions on different forms which ask about living arrangements that I’m not sure how to answer. I’ll list them below:

1. FORM 5540 Question 12 Are you living with someone? My husband is currently staying(living) with me and always does when he visits. Do I answer yes or no?

2. FORM 5490 Question 25 Have you visited your spouse? We answered yes and wrote all the times he has come and stayed with me and the trips we have taken together.

3. FORM 5490 Question 27 Have you ever lived together? I imagine I would say yes and list the times he has stayed with me (matching the dates from our answer to Question 25)

4. FORM 5490 Question 28 Are you currently living together? Should we answer yes because my husband is staying(living) with me right now but may have to leave the country within 6 months and then will come back to stay with me again?

Also, in FORM 5669 Question 6d – if a study permit was initially refused and then granted with reapplication does that count under this question? Not sure if it falls under Temporary Visitor Visa.

Please help! Thanks!

 

[KelseyTVS]

If the Business-Visitor Visa is valid until 2017, will he be living with you until then?

I believe the answer to all your questions are yes. If he is living with you now, you should put yes, you are living together.

I don't think a study permit counts as a TVV, but someone else may have to double check and correct me there.

 

[NewfieinToronto]

Thanks for the reply KelseyTVS! The visa is valid until 2017 but it still holds that he can't stay longer than 6 months at a time which is why we're a little unsure.

Also, we're not sure about question 10 on the IMM 0008 form. It asks for his current country of residence - does he put his residence in Venezuela because he is a citizen there and can reside indefinitely OR my address because he has a Canadian visa that is valid until 2017 but only allows him to stay for up to 6 months at a time.
So confused and need advice!
Thanks!

 

[KelseyTVS]

Thanks for the reply KelseyTVS! The visa is valid until 2017 but it still holds that he can't stay longer than 6 months at a time which is why we're a little unsure.

Also, we're not sure about question 10 on the IMM 0008 form. It asks for his current country of residence - does he put his residence in Venezuela because he is a citizen there and can reside indefinitely OR my address because he has a Canadian visa that is valid until 2017 but only allows him to stay for up to 6 months at a time.
So confused and need advice!
Thanks!

IMM 0008 is just a generic form to Canada so don't worry too much about it. You can put that Canada is his country of residence. When he leaves every 6 months, is it just for a little while before coming back to live with you? Or does he live permanently in Venezuela and his visits to you are more temporary? Where would you consider his real "home" where he actually lives? Whichever one you pick should be fine. Although the current country of residence on IMM 0008 should probably match where you say he's living on the other forms.

Since it's an outland application (I'm assuming, and it pretty much has to be if he's leaving every 6 months), it doesn't matter whether he's officially living in Canada or Venezuela. What's more important is that the answers on the forms match.

 

[MilesAway]

I would check yes where it asks if he's been refused a visa. It says (or it used to): or any other type of visa, so a student visa would fall into that category.
If you say no, and CIC feels that a student visa should have been declared, they could deem that misrepresentation, and ban him for 5 years.