天易网

 找回密码
 注册
查看: 5955|回复: 25

Sponosor your spouse dependent child in Canada class

[复制链接]
发表于 8/12/2018 16:50:12 | 显示全部楼层 |阅读模式
 楼主| 发表于 8/12/2018 18:39:10 | 显示全部楼层
本帖最后由 郭国汀 于 8/12/2018 18:43 编辑

Spouse or Common-Law Partner in Canada ClassMarginal note:Class
For the purposes of subsection 12(1) of the Act, the spouse or common-law partner in Canada class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.
A foreign national is a member of the spouse or common-law partner in Canada class if they
  • are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;
  • have temporary resident status in Canada; and
  • are the subject of a sponsorship application.

Excluded relationships
  • A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if

    • the foreign national is the sponsor’s spouse or common-law partner and is under 18 years of age;
    • the foreign national is the sponsor’s spouse or common-law partner, the sponsor has an existing sponsorship undertaking in respect of a spouse or common-law partner and the period referred to in subsection 132(1) in respect of that undertaking has not ended;
    • the foreign national is the sponsor’s spouse and

      • the sponsor or the spouse was, at the time of their marriage, the spouse of another person, or
      • the sponsor has lived separate and apart from the foreign national for at least one year and

        • the sponsor is the common-law partner of another person or the sponsor has a conjugal partner, or
        • the foreign national is the common-law partner of another person or the conjugal partner of another sponsor;



    • the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was married to a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law; or
    • subject to subsection (2), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.


  • Exception
    Subject to subsection (3), paragraph (1)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.
  • Application of par. (1)(d)
    Paragraph (1)(d) applies in respect of a foreign national referred to in subsection (2) if an officer determines that, at the time of the application referred to in that paragraph,

    • the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or
    • the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.


  • Definition of former Act
    In subsection (2), former Act has the same meaning as in section 187 of the Act.


  • SOR/2004-167, s. 43;
  • SOR/2010-195, s. 13;
  • SOR/2015-139, s. 3.

Previous Version
Withdrawal of sponsorship application
A decision shall not be made on an application for permanent residence by a foreign national as a member of the spouse or common-law partner in Canada class if the sponsor withdraws their sponsorship application in respect of that foreign national.
Approved sponsorship application
For the purposes of Part 5, a foreign national who makes an application as a member of the spouse or common-law partner in Canada class and their accompanying family members shall not become a permanent resident unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.
Requirements — family member
The requirements with respect to a person who is a family member of a member of the spouse or common-law partner in Canada class who makes an application under Division 6 of Part 5 are the following:
  • subject to subsection 25.1(1), the person is a family member of the applicant both at the time the application is made and at the time of the determination of the application; and
  • at the time it is made, the application includes a request for the family member to remain in Canada as a permanent resident.


  • SOR/2014-133, s. 7.

Previous Version
Requirements for accompanying family members
A foreign national who is an accompanying family member of a person who makes an application as a member of the spouse or common-law partner in Canada class shall become a permanent resident if, following an examination, it is established that
  • the person who made the application has become a permanent resident; and
  • the family member is not inadmissible.


  • SOR/2008-202, s. 10(F).

Previous Version
DIVISION 3  Sponsors Sponsor
  • Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

    • is at least 18 years of age;
    • resides in Canada; and
    • has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.


  • Sponsor not residing in Canada
    A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.
  • Five-year requirement
    A sponsor who became a permanent resident or a Canadian citizen after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor has been a permanent resident, or a Canadian citizen, or a combination of the two, for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph (1)(c) is filed by the sponsor in respect of the foreign national.


  • SOR/2012-20, s. 1;
  • SOR/2015-139, s. 4.


 楼主| 发表于 8/12/2018 18:54:06 | 显示全部楼层
Sponsoring your spouse or common-law partner who lives with you in Canada
You can apply under the Spouse or Common-Law Partner in Canada class if your spouse or common-law partner cohabits (lives) with you in Canada and has temporary resident status.
Your spouse or common-law partner can’t become a permanent resident in Canada if they’re inadmissible for any reason other than not having legal immigration status in Canada. A public policy also covers spouses and common-law partners who will be assessed for permanent residence even if they have no legal immigration status in Canada. Before applying, your spouse or common-law partner in Canada must resolve any other situation that made them inadmissible.
To qualify under the Spouse or Common-Law Partner in Canada class, the sponsored person must:
  • be the spouse or common-law partner of a Canadian citizen or permanent resident in Canada and
  • have legal immigration status
Your spouse or partner may be eligible for an open work permit. For more information, see the section about Working and studying for spouses and partners below.

Important information: if your spouse or partner is already working or studying in Canada and would like to continue, they must apply for an extension before their work or study permit expires.

Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker.
If your spouse or common-law partner leaves Canada before becoming a permanent resident, they may not be allowed to come back. This is especially true if they need a Temporary Resident Visa or an eTA to enter Canada.
If your spouse or partner can’t return to Canada, you must submit a new overseas sponsorship application.


 楼主| 发表于 8/12/2018 18:58:28 | 显示全部楼层
Working and studying – spouses and common-law partners in Canada
If your spouse or common-law partner already has a work or study permit, he or she may continue to work or study as long as the permit is valid. It is illegal to work or study without authorization from IRCC.

Can my spouse or partner work in Canada?
If your spouse or common-law partner already has a work permit, he or she may continue to work as long as the permit is valid.
If your spouse or common-law partner is living in Canada with you and is applying as a member of the Spouse or Common-Law Partner in Canada class, they can also apply for an open work permit when they apply for permanent residence. They must include a completed Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker form [IMM 5710] (PDF, 484.21KB) and the correct fee, explaining that they are applying for an open work permit.
If your spouse or common-law partner has already submitted an application for permanent residence but hasn’t applied for an open work permit, they can submit a completed IMM 5710 and the correct fee to this address:
  • CPC – Vegreville
    WP - Unit 777
    6212-55 Avenue
    Vegreville, AB
    T9C 1X6

See the Help Centre for information about Open work permits for spouses and partners.
Note: If you’re applying under the Spouse or Common-Law Partner in Canada class and you’ve submitted an application for an open work permit, your work permit will normally be processed within four months.

Can my spouse or partner study in Canada?
If your spouse or common-law partner already has a study permit and wants to keep their temporary resident status as a student, they may submit an Application to Change Conditions, Extend my Stay or Remain in Canada as a Student form [IMM 5709] (PDF, 488.83KB). See the guide for more instructions.
Otherwise, we will advise your spouse or common-law partner in writing when they’re eligible to apply for a study permit.

Sponsoring your dependent children
You can sponsor your dependent children outside Canada who meet the following definition:

Definitions of dependent children
Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements below on the day we receive your complete application:
  • They’re under 22 years old, and
  • They don’t have a spouse or common-law partner
Children 22 years old or older qualify as dependants if they meet both of these requirements:
  • They have depended on their parents for financial support since before the age of 22, and
  • They are unable to financially support themselves because of a mental or physical condition
Dependants must continue to meet these requirements until they enter Canada as a permanent resident.
If we received your permanent residence application on or before October 23, 2017, a previous definition of dependent children may apply.
Important: If the person you are sponsoring (or their child) has one or more children in the sole custody of their other parent, you must still declare the child in the application. Even if there’s a written agreement or court order to show that the sponsored person doesn’t have custody or responsibility, you must list the child on the application and this child must do a medical exam. Doing this gives the sponsored person the possibility to sponsor their child as a member of the family class in the future, when there may be changes to the custody or living arrangements. If a permanent resident doesn’t declare all their family members on their application, they could risk losing their permanent resident status.
Not sure which type of dependant your child is? Check if your child qualifies as a dependant by answering a few questions.

The person you’re sponsoring has a child in the sole custody of a previous spouse. Do they need to include this child in their application?
Yes. Children in the custody of a previous spouse or partner are considered dependent children.
Even if there’s a written agreement or court order to show that the sponsored person doesn’t have custody or responsibility, you must list the child on the application and this child must do a medical exam.
Doing this gives the sponsored person the possibility to sponsor their child as a member of the family class in the future, when there may be changes to the custody or living arrangements. Also, if a permanent resident doesn’t declare all their family members on their application, they could risk losing their permanent resident status.


 楼主| 发表于 8/12/2018 20:10:55 | 显示全部楼层
Overcome criminal convictions
Note: This is only a guide. A Canadian immigration officer will decide if you can enter Canada when you apply for a visa, an Electronic Travel Authorization (eTA), or when you arrive at a port of entry.





Under Canada’s immigration law, if you have committed or been convicted of a crime, you may not be allowed into Canada. In other words, you may be “criminally inadmissible.”
This includes both minor and serious crimes, such as:
  • theft,
  • assault,
  • manslaughter,
  • dangerous driving,
  • driving while under the influence of drugs or alcohol, and
  • possession of or trafficking in drugs or controlled substances.
You can find a list of criminal offences in the Criminal Code of Canada and the Controlled Drugs and Substances Act.
If you were convicted of a crime when you were under the age of 18, you may still be able to enter Canada.

What you can do
Depending on the crime, how long ago it was and how you have behaved since, you may still be allowed to come to Canada, if you:

Deemed rehabilitation
Deemed rehabilitation, under Canada’s immigration law, means that enough time has passed since you were convicted that your crime may no longer bar you from entering Canada.
You may be deemed rehabilitated depending on:
  • the crime,
  • if  enough time has passed since you finished serving the sentence for the crime and
  • if you have committed more than one crime.
In all cases, you may only be deemed rehabilitated if the crime committed outside Canada has a maximum prison term of less than 10 years if committed in Canada.

Individual rehabilitation
Rehabilitation means that you are not likely to commit new crimes.
You can apply for individual rehabilitation to enter Canada. The Minister, or their delegate, may decide to grant it or not. To apply, you must:
  • show that you meet the criteria,
  • have been rehabilitated and
  • be highly unlikely to take part in further crimes.
Also, at least five years must have passed since:
  • the end of your criminal sentence (this includes probation) and
  • the day you committed the act that made you inadmissible.
If you are applying for criminal rehabilitation along with your temporary resident (visitor visa, study permit or work permit) application, you can submit everything together and apply at the nearest Visa Application Centre.
If you are a foreign national who needs an Electronic Travel Authorization (eTA), you have to submit a separate application for criminal rehabilitation before you apply for your eTA. You can do so by following the procedures below. Once you have received confirmation of your rehabilitation, you may apply for an eTA. If you apply for your eTA before you receive your rehabilitation, your application will be assessed based on the information currently available, and may result in the refusal of your application.
If you are submitting a separate application for criminal rehabilitation you must complete the application and submit it directly to the visa office responsible for your region by mail or courier only. You must also pay a processing fee.

Note: These applications can take over a year to process. Make sure you plan far enough in advance of your travel to Canada.


Record suspension or discharge
If you have been convicted in Canada and want to apply for a record suspension (formerly known as a pardon), check with the Parole Board of Canada. If you get a Canadian record suspension, you will no longer be inadmissible.
If you received a record suspension or a discharge for your conviction in another country, check with the visa office that serves the country or region where you live. It will tell you if the pardon is valid in Canada.
This will help make sure that when you arrive in Canada, a border services officer has enough information to decide if you can enter Canada. The officer will still check to make sure you are not inadmissible for other reasons.

Temporary resident permit
A temporary resident permit lets you enter or stay in Canada if:
  • it has been less than five years since the end of your sentence or
  • you have valid reasons to be in Canada.
If you have a valid reason to travel to Canada, but you are inadmissible, we may issue you a temporary resident permit. An immigration or border services officer will decide if your need to enter or stay in Canada outweighs the health or safety risks to Canadian society.
Even if the reason you are inadmissible seems minor, you must show that your visit is valid.



 楼主| 发表于 8/12/2018 20:44:30 | 显示全部楼层
Step 1. Get your application package
Get your application package, including your checklist, forms and instructions.
To get the right instructions and checklist, select from the drop-down menus:
  • who is being sponsored
  • the country where the sponsored person resides
  • the country where the documents you’ll submit with the application were issued
Your document checklist:
  • tells you which forms you need
  • lists all the documents you must submit, and
  • links you to instructions to fill out each form.
You must print, fill out and submit a copy of this checklist with your application. Place it at the top, as the cover of your application.


 楼主| 发表于 8/12/2018 20:48:20 | 显示全部楼层
Step 2. Gather your documents
Important: if you don’t include all the requested forms and documents listed on the checklist, we will return your application without processing it. If you’re unable to submit an item on the document checklist, you must include a detailed explanation of why you can’t submit this document so that your application is not returned as incomplete.


To make sure you send us an application with all the requested documents:
1) Use your checklist to make sure you send all the documents you need to submit:
For each item on the checklist, choose the situation that applies to you and check the correct box.
  • Only submit documents that apply to your specific situation. We’ll contact you if we need more information.
  • For any documents that are not in English or French, you must attach the following, unless your checklist specifies otherwise:
    • a certified copy of the original document; and
    • The English or French translation, and
    • An affidavit from the person who completed the translation. See Translation of documents below.

Important notes about using the checklist:
  • We’ll return applications with missing, incomplete, or unsigned forms.
  • If there are one or more sections of your checklist which do not apply to you, write N/A or Not Applicable in the margins of each of these sections on your checklist.
  • Check the country-specific requirements to see if you need to submit any original documents. If the country specific requirements tell you that you must submit an original document instead of a copy, you must submit the original or we will return your application. See below for more information about country specific requirements.
2) Check your country-specific requirements
You’ll find your country specific requirements on the family sponsorship application kit webpage.
Checking your country specific requirements will help make sure you send the correct documents for each item on the checklist and will increase the chance that your application will be accepted for processing.
  • To see additional forms or documents required for the person being sponsored (principal applicant) and their family members, select the country where they reside.
You may need to follow special instructions about specific documents based on the country you’ll get the documents from. For example, there are specific requirements for civil documents from different countries (e.g. birth certificates, other proof of identity, child custody documentation, family booklets, etc.).
  • To see instructions about specific documents, select the country where the document is issued. For example, if you are living in the United States but you are submitting a birth certificate issued in the Philippines, check the requirements for “Philippines” to make sure the document you are submitting is the right one.

Note: your application will be returned if any of the requested documents are missing (see section 10 of the Immigration and Refugee Protection Regulations (IRPR) for more information).

Make sure all photocopies are clear and easy to read. Other than copies of original documents used for translations, photocopies do not need to be certified. Don’t send originals unless we ask for them, because they will not be returned.

Important information: While processing your application, we may ask for more documents and there may be delays if you don’t submit them. Should you fail to respond by the deadline given, your application could be refused for not complying with an officer’s request.

Police certificates
The principal applicant and each family member 18 or older (who are not already Canadian citizens or permanent residents), must submit police certificates from the following country or countries with the application:
  • Current country of residence if you (or they) have lived there for six months or more.
    and
  • The country where you (or they) resided for most of your (or their) life since the age of 18.
Note: Some countries need a consent form from IRCC to issue a police certificate. Find out if any person included on the application needs a police certificate requires a consent form. If any country requires a consent form from IRCC to issue a police certificate, the consent form should be submitted to us in place of the police certificate. Once received, we’ll assess the consent form and start the police certificate request.
Important: If required police certificates (or consent forms if applicable) can’t be submitted with your application, a detailed explanation must be provided explaining why these are not being provided. This will likely delay the processing of your application.
See How to get a police certificate for up-to-date information about obtaining police certificate from any country.

Photos
If your application is approved, we’ll use the photos you include in your application package to create a Permanent Resident Card for you (and your family members, if applicable).
To avoid delays in getting your Confirmation of Permanent Resident document (which you’ll need to travel to Canada or become a permanent resident from within Canada), and/or your permanent resident card, it’s important that the photos meet certain specifications. See Appendix C for photo specifications.




Translation of documents
You must send the following for any document that is not in English or French, unless otherwise stated on your document checklist:
  • the English or French translation; and
  • an affidavit from the person who completed the translation (see below for details); and
  • a certified copy of the original document.
Translations may be done by a person who is fluent in both languages (English or French and the unofficial language).
If the translation isn’t done by a member in good standing of a provincial or territorial organization of translators and interpreters in Canada, you must submit an affidavit swearing to the accuracy of the translation and the language proficiency of the translator. A certified translator will provide both a certified translation and certified copies of the original documents.
The affidavit must be sworn in the presence of:
In Canada:
  • a notary public
  • a commissioner of oaths
  • a commissioner of taking affidavits
Authority to certify varies by province and territory. Consult your local provincial or territorial authorities.
Outside of Canada:
  • a notary public
Authority to administer oaths varies by country. Consult your local authorities.

Important information: Translations must not be done by the applicants themselves nor by members of the applicant’s family. This includes a parent, guardian, sibling, spouse, common-law partner, conjugal partner, grandparent, child, aunt, uncle, niece, nephew and first cousin.

Note: An affidavit is a document on which the translator has sworn, in the presence of a person authorized to administer oaths in the country where the translator is living, that the contents of their translation are a true translation and representation of the contents of the original document. Translators who are certified in Canada don’t need to supply an affidavit.







Certified true copies
To have a photocopy of a document certified, an authorized person must (as described below) compare the original document to the photocopy and must print the following on the photocopy:
  • “I certify that this is a true copy of the original document”,
  • the name of the original document,
  • the date of the certification,
  • his or her name,
  • his or her official position or title, and
  • his or her signature.



Who can certify copies?
Persons authorized to certify copies include the following:
In Canada:
  • a notary public
  • a commissioner of oaths
  • a commissioner of taking affidavits
Authority to certify varies by province and territory. Check with your local provincial or territorial authorities.
Outside Canada:
  • a notary public
Authority to certify international documents varies by country. Check with your local authorities.
Applicants themselves or members of their family may not certify copies of your documents. This includes a parent, guardian, sibling, spouse, common-law partner, conjugal partner, grandparent, child, aunt, uncle, niece, nephew and first cousin.






 楼主| 发表于 8/12/2018 21:11:36 | 显示全部楼层
Step 3. Fill out the forms
Use your checklist to prepare the forms.
The last page of your checklist includes a list of all signatures that are required for each person included on the application. If any requested forms are not fully completed and signed (if applicable), or not included in the application package, your application will not be accepted for processing and will be returned to you.

Note: If you are less than 18 years of age, your form(s) must be signed by one of your parents or a legal guardian.


Note: Need help with a PDF document? Get help to open an application form.

You can also get help to complete an application form. If you’re having technical problems with a PDF document, see the Help Centre for common problems with form validation.

Important information: It is a serious offence to give false or misleading information on these forms. The information on your application may be verified.

The sponsor must fill out and sign (if applicable) these forms:
  • Application to Sponsor, Sponsorship Agreement and Undertaking [IMM 1344] (PDF, 478.72KB)
  • Sponsorship Evaluation and Relationship Questionnaire [IMM 5532] (PDF, 2.21MB)
  • Sponsorship Evaluation [IMM 5481] (PDF, 742.74KB), only if you are sponsoring your dependent child who has no dependent children of their own. Unless instructed otherwise, sponsors in Quebec do not need to fill this out. See: Sponsors living in Quebec
  • Financial Evaluation [IMM 1283] (PDF, 1.24MB), only if you are sponsoring a dependent child who has their own dependent child. Unless instructed otherwise, sponsors in Quebec do not need to fill this out.
  • Use of a Representative (IMM 5476) (PDF, 648.31KB), if using a representative.

The person(s) being sponsored must fill out and sign (if applicable) these forms:
  • Application to Sponsor, Sponsorship Agreement and Undertaking [IMM 1344] (PDF, 478.72KB)
  • Generic Application Form for Canada [IMM 0008] (PDF, 553.83KB)
  • Additional Dependants/Declaration [IMM 0008DEP] (PDF, 424.19KB), only if you have more than five dependants on your application
  • Schedule A – Background/Declaration [IMM 5669] (PDF, 434.14KB), required for all principal applicants, and all dependants 18 years of age or older.
  • Additional Family Information [IMM 5406] (PDF, 570KB)
  • Sponsorship Evaluation and Relationship Questionnaire [IMM 5532 ] (PDF, 2.21MB)
  • Use of a Representative (IMM 5476), if using a representative.

Important information: Declaring all family members
If you’re applying for permanent residence in Canada, you must declare all of your family members. There are no exceptions to this requirement.
In addition, all family members must be examined as part of the process of applying for permanent residence in Canada, even if they will not come to Canada with the principal applicant.
Family members who aren’t declared and examined are excluded from the family class, which means you can’t sponsor them at a later date. If a permanent resident doesn’t declare all their family members on their application, they could risk losing their permanent resident status.
Find more information about why you must declare all family members.

Validate your forms
Some forms have a “Validate” button, specifically the
  • IMM 1344 (Application to Sponsor, Sponsorship agreement and Undertaking)
  • IMM 0008 (Generic Application form for Canada) and
  • IMM 5669 (Schedule A).
You should fill out your forms on a computer and validate them electronically to make sure you’ve answered all questions. This reduces mistakes and helps you submit a form that is complete. When you click on the Validate button, any missing information will be identified by a pop-up error message or a red square around the fields that need to be completed.
Important: If you are unable to fill out your forms using a computer or are unable to successfully validate your forms, you must provide a written explanation for why you were unable to do so.
After being validated, the IMM 1344 and IMM 0008 will create barcode pages (see image below). When you’re preparing your application, place these barcode pages right underneath your checklist.
Note:The IMM 5669 (Schedule A) form will not produce a barcode page when it’s validated.
IMPORTANT: If you have any problems viewing or validating your forms, please see these Help Centre questions:
Note: The Help Centre information about viewing PDF documents applies to all PDF documents.
After you validate the forms to generate barcodes, print the form. Then, the applicable client must sign the form in ink. Unsigned forms will not be accepted.

Example barcode page (if applicable):

Be complete and accurate
Fill out all sections. If a section doesn’t apply to you, write “N/A” (or “not applicable”) next to the appropriate section. If your application is incomplete it may be returned to you (see section 10 of the IRPR for more information) and this will delay processing.
If you need more space for any section, use a separate sheet of paper. Make sure you label this sheet with your name and the question you are answering.
Use the following instructions to fill out the forms. Most of the questions on the forms are straightforward and extra instructions have only been given for some questions. You must answer all questions.


 楼主| 发表于 3/14/2019 16:40:19 | 显示全部楼层
the definition of dependent child and family member and etc



in the Sponsor your spouse, common-law partner, conjugal partner or dependent child – Complete Guide (IMM 5289) :Additional Family Information (IMM 5406)Who needs to fill out this form?
This form must be filled out and signed by:
  • The principal applicant,
  • All dependent children aged 18 or over (whether coming with you to Canada or not).
  • Note: if your dependent child is the principal applicant on a sponsorship application, you should complete this form on their behalf regardless of their age.accordingly, the principal applicant, and all dependent children must fill the form. then who are qualified as the dependent children?
Dependent child:
Your child or the child of your spouse or common-law partner canbe considered a dependent child if that child meets the requirements below onthe day we receive your complete application:
·        They’re under22 years old, and
·        They don’t have aspouse or common-law partner
Children 22 years old or older qualify as dependants if theymeet both of these requirements:
·        then on the IMM 5533(document checklist spouse (including dependent children) sct 8: additional family information (IMM) which stipulate that : the following persons must fill out their own copy of this form: you (the principal applicant), and any of your family members 18 years of age or older( who are not already Canadian citizens or permanent residents).

in basic guild the Definition of familymember  IRPR is:
1(3) For the purposesof the Act, other than section 12 and paragraph 38(2)(d), and for the purposesof these Regulations, other than paragraph 7.1(3)(a) and sections 159.1 and159.5, familymember in respect of a person means
Again in the form of IMM 5604 additional family information, the requirement is : the principal applicant, their spouse or common-law partner(if applicable),and all dependent children 18 years of age or older must complete their own copy of this form.
·        (a) the spouse or common-law partnerof the person;
·        (b) a dependent child of the person or ofthe person’sspouse orcommon-law partner; and
·        (c) a dependent child of adependent child referred to in paragraph (b).
thus: who must fill the form of IMM 5406 there are a different description in various law and regulation and definition. although the principal applicant and the dependent children are same requirements, while the spouse and family member only appear on the complete guild and the document checklist. as the result, it must cause confusion for those who need fill the forms.   
the dependents children only including any child under 22 years of age, while family member will including the spouse of the principal applicant.




 楼主| 发表于 4/14/2019 01:22:04 | 显示全部楼层
本帖最后由 郭国汀 于 4/14/2019 02:08 编辑

the insurance (vehicle) act Forfeiture
Issue of certificate
36   (1)Subject to the regulations, on payment of the premium assessed for a certificate, and on approval of the application by the corporation, the corporation must issue the certificate to the applicant.
(2)A certificate and an application for it must be in a form required by the corporation, and must be designed and constituted
(a)to meet the interest of convenience and economy, and
(b)to adequately identify the permit or licence under the Motor Vehicle Act or Commercial Transport Act, or a motor vehicle or trailer or driver's licence, permit or other authority to drive a motor vehicle under the Motor Vehicle Act to which the owner's certificate or the driver's certificate corresponds.
(3)The corporation must provide for the issue and delivery of all motor vehicle liability insurance cards required under the Motor Vehicle Act by a person insured under a certificate but there may be printed on a certificate under the heading "Motor Vehicle Liability Insurance Card" particulars established by the corporation for motor vehicle liability insurance cards that are required under the Motor Vehicle Act, and the particulars so printed constitute a motor vehicle liability insurance card under and for the purpose of the Motor Vehicle Act.
(4)A document purporting to be a certificate under this Act and a motor vehicle liability insurance card, or either of them, either alone or in combination with any permit or licence for a motor vehicle or trailer or their use or operation, or any driver's licence, permit or other authority to drive a motor vehicle that bears a signature purporting to be the signature of the general manager of the corporation, unless the contrary is shown, is deemed to be a certificate or a motor vehicle liability insurance card, as applicable, issued under this Act to the person named in it.
(5)A motor vehicle liability insurance card must not be issued unless the insurance evidenced in it meets the minimum requirements for a certificate.
(6)[Repealed 2003-94-29 as re-enacted 2006-28-28.]
Insurance condition precedent to licence
38          (1)Except for a vehicle exempted by the regulations, a permit of any kind and a licence, number plate or decal for a vehicle or for its use or operation must not be granted, issued or renewed under the Motor Vehicle Act or the Commercial Transport Act, unless at or before the time of application the applicant has applied to the corporation or its agent for and is entitled to a certificate other than a driver's certificate under this Act in respect of the vehicle for the term of the permit or licence, or part of that term as may be prescribed, and the applicant has paid the premium for the certificate.
(2)A driver's licence, permit or other authority to drive or operate a motor vehicle must not be issued or renewed under the Motor Vehicle Act, unless
(a)at or before the time of application the applicant has applied to the corporation or its agent for and is entitled to a driver's certificate under this Act for the term of that licence or permit or part of that term as may be prescribed, and
(b)the applicant has paid the premium established for that driver's certificate.
(3)If the corporation receives for registration a notice of transfer of a vehicle under section 17 of the Motor Vehicle Act, the corporation must refuse registration unless the transferee has paid the corporation
(a)the premium or fee prescribed for the transfer.
(b)[Repealed 2003-94-30 as re-enacted 2006-28-29.]
Certificate in effect
40   (1)Subject to its earlier suspension, revocation, cancellation or surrender, a certificate other than a driver's certificate is, subject to the regulations, valid for the period beginning
(a)at the time and on the date of validation specified in the certificate, or
(b)at the beginning of the day on the effective date specified in the certificate,
whichever is later, and expiring
(c)at the end of the day on the date of expiry of the licence for the vehicle described in the certificate, or
(d)at the end of the day on the date specified in the certificate,
whichever is earlier.
(2)Despite the date of issue, a driver's certificate, unless earlier suspended, revoked, cancelled or surrendered, expires at the end of the day on the anniversary date of the driver's birth.
(3)For the purposes of subsection (2), the anniversary date of a person born on February 29, in other than leap years, is deemed to be March 1.
(4)Subject to the regulations, the applicant must, on application for renewal or replacement of a certificate, pay the corporation or its agent the premium established and assessed by the corporation for the applicable certificate.
(5)If a certificate other than a driver's certificate in respect of a vehicle is not, before its expiration, renewed or replaced by another certificate for the same vehicle, a permit or licence for that vehicle or its use or operation issued under the Motor Vehicle Act or Commercial Transport Act that corresponds to the certificate, on the expiry of the certificate and without further act or notice from the corporation, is suspended, invalid and of no effect until it is renewed, replaced, reinstated or validated following application for, payment of the premium for and issue of the appropriate certificate.
(6)If a driver's certificate is not, before its expiration, renewed or replaced by another driver's certificate for the same person, the driver's licence, permit or other authority to drive under the Motor Vehicle Act of the driver and that corresponds to the certificate, by virtue of and from the time of the default, without further act or notice from the corporation, is suspended, invalid and of no effect until it is renewed, replaced, reinstated or validated following application for, payment of the premium for and issue of the appropriate driver's certificate.
Application for insurance
33   (1)Subject to the regulations, at the time of or before applying for
(a)any class or kind of licence or permit for a motor vehicle or trailer or their use or operation under the Motor Vehicle Act or Commercial Transport Act, or
(b)registration of a notice of transfer under section 17 of the Motor Vehicle Act,
the applicant must apply for the corresponding certificate, and, at the same time, must pay to the person receiving the application the premium for the applicable certificate that, having been assessed against the applicant, is due and owing.
(2)The application for a certificate under subsection (1) may be made
(a)to a person appointed as agent of the corporation under this Act, or
(b)at the head office or a branch office of the corporation,
unless the Lieutenant Governor in Council, by regulation, otherwise directs.
Insurance condition precedent to licence
38          (1)Except for a vehicle exempted by the regulations, a permit of any kind and a licence, number plate or decal for a vehicle or for its use or operation must not be granted, issued or renewed under the Motor Vehicle Act or the Commercial Transport Act, unless at or before the time of application the applicant has applied to the corporation or its agent for and is entitled to a certificate other than a driver's certificate under this Act in respect of the vehicle for the term of the permit or licence, or part of that term as may be prescribed, and the applicant has paid the premium for the certificate.
(2)A driver's licence, permit or other authority to drive or operate a motor vehicle must not be issued or renewed under the Motor Vehicle Act, unless
(a)at or before the time of application the applicant has applied to the corporation or its agent for and is entitled to a driver's certificate under this Act for the term of that licence or permit or part of that term as may be prescribed, and
(b)the applicant has paid the premium established for that driver's certificate.
(3)If the corporation receives for registration a notice of transfer of a vehicle under section 17 of the Motor Vehicle Act, the corporation must refuse registration unless the transferee has paid the corporation
(a)the premium or fee prescribed for the transfer.
(b)[Repealed 2003-94-30 as re-enacted 2006-28-29.]

Duty of insurer
60  An optional insurance contract evidenced by a vehicle liability policy, other than a vehicle liability policy that extends coverage specified in a certificate, must provide that if a person insured by the contract is involved in an accident resulting from the ownership, use or operation of a vehicle, or, in the case of a leased motor vehicle, from the possession of the leased motor vehicle by the lessee or the use or operation of the motor vehicle, in respect of which insurance is provided under the contract and resulting in loss or damage to persons or property, the insurer must, at its own expense, do the following:
(a)on receipt of notice of a claim for damages brought against an insured, assist the insured by investigating and negotiating a settlement, if in the opinion of the insurer the assistance is necessary;
(b)defend in the name of the insured any action for damages brought against the insured;
(c)pay costs, expenses, interest and reimbursement that are prescribed by the regulations.
75         All claims by or in respect of the applicant or insured are invalid and the right of an applicant, an insured, or a person claiming through or on behalf of an applicant or insured or of a person claiming as a dependant of the applicant or the insured, to insurance money under the plan or an optional insurance contract, is forfeited if
(a)the applicant for coverage under the plan or the optional insurance contract
(i)to the prejudice of the insurer, falsely describes the vehicle in respect of which the application is made, or
(ii)knowingly misrepresents or fails to disclose in the application a fact required to be stated in it,
(b)the insured violates a term or condition of or commits a fraud in relation to the plan or the optional insurance contract, or
(c)the insured makes a wilfully false statement with respect to the claim.
Waiver of term or condition
85   (1)An insurer may for a particular case waive a term or condition of the plan or an optional insurance contract.
(2)A term or condition of the plan or an optional insurance contract is not waived by the insurer in whole or in part unless the waiver is in writing and signed by a person authorized for that purpose by the insurer.
(3)Neither the insurer nor the insured waives any term or condition of the plan or an optional insurance contract by any act relating to the appraisal of the amount of loss or to the delivery and completion of proofs or to the investigation or adjustment of any claim under the plan or an optional insurance contract.
Effect of payment under the plan or an optional insurance contract
86   (1)If an insurer makes a payment on behalf of an insured under the plan or an optional insurance contract to a person who is or alleges himself or herself to be entitled to recover from the insured under the plan or optional insurance contract, the payment
(a)is not, unless the insurer otherwise agrees, an admission of liability, and does not prejudice the rights of the insured or the insurer, and
(b)constitutes, to the extent of the payment, a release by the person or his or her personal representative of any claim that the person or the personal representative or any person claiming through or under him or her, or by virtue of the Family Compensation Act, may have against the insured and the insurer.
(2)Nothing in this section precludes an insurer making the payment from demanding, as a condition precedent to the payment, a release from the person, or his or her personal representative, or any other person, to the extent of that payment.
(3)If a person commences an action, the fact of any payment referred to in subsection (1) must not be disclosed to the court or to the jury, and the court must adjudicate on the matter without reference to any payment referred to in that subsection but, after awarding damages and costs, if any, the payment must be disclosed and must be taken into account and the person is only entitled to judgment to be entered for the net amount, if any.




您需要登录后才可以回帖 登录 | 注册

本版积分规则


站内文章仅为网友提供更多信息,不代表本网站同意其说法或描述,也不构成任何建议。本网站仅为网友提供交流平台,对网友自由上传的文字和图片等,本网站
不为其版权和内容等负责。站内部分内容转载自其它社区、论坛或各种媒体,有些原作者未知。如您认为站内的某些内容属侵权,请及时与我们联络并进行处理。
关于我们|隐私政策|免责条款|版权声明|网站导航|帮助中心
道至大 道天成

小黑屋|手机版|Archiver|联系我们|天易综合网 (Twitter@wolfaxcom)

GMT-5, 7/18/2019 07:01 , Processed in 0.399906 second(s), 13 queries , Gzip On.

Copyright 天易网 network. All Rights Reserved.

© 2009-2015 .

快速回复 返回顶部 返回列表