1. What is the IMM 5738 form for?
The IMM 5738 form is an essential document used for undertaking or applying to sponsor a family member for immigration to Canada. This form is specifically designed for individuals who are willing to sponsor their spouse, common-law partner, conjugal partner, or dependent children to come and live with them in Canada. The sponsor must complete and submit this form to Immigration, Refugees and Citizenship Canada (IRCC) as part of the sponsorship application process. By completing the IMM 5738 form, the sponsor is providing a legally binding commitment to support the sponsored family member financially and ensure their basic needs are met upon their arrival in Canada. It is crucial to ensure that this form is accurately filled out and submitted along with the rest of the required documentation to facilitate the sponsorship process effectively.
3. What is the difference between an undertaking and an application to sponsor on the IMM 5738 form?
On the IMM 5738 form, an undertaking refers to the legal obligation of the sponsor to financially support the sponsored individual(s) for a specified period upon their arrival in Canada. This includes ensuring the essential needs such as food, shelter, and clothing are met without relying on social assistance. The undertaking is a commitment that the sponsor must fulfill to assist the sponsored individual in becoming self-sufficient in Canada.
On the other hand, the application to sponsor section of the IMM 5738 form pertains to the sponsor’s formal request to bring the sponsored individual(s) to Canada as a permanent resident. This involves meeting the eligibility criteria set by the Canadian government, submitting the necessary documentation, and demonstrating the ability to support the sponsored individual(s) financially through the undertaking.
In summary, the key difference between an undertaking and an application to sponsor on the IMM 5738 form is that the undertaking is the sponsor’s commitment to financially support the sponsored individual(s) upon their arrival, while the application to sponsor is the formal request to bring the sponsored individual(s) to Canada as a permanent resident.
4. What are the eligibility requirements for sponsoring a family member through the IMM 5738 form?
To be eligible to sponsor a family member through the IMM 5738 form, you must meet several criteria:
1. You must be a Canadian citizen or a permanent resident of Canada.
2. You must be at least 18 years of age.
3. You must demonstrate the ability to provide financial support to the family member you are sponsoring.
4. You must sign an undertaking promising to provide for the basic needs of the family member(s) for a specific period of time.
Additionally, there are certain individuals who are not eligible to sponsor a family member, including individuals who are in default of a previous sponsorship undertaking, in receipt of social assistance (other than disability), or subject to a removal order. It’s important to thoroughly review the eligibility requirements before submitting the IMM 5738 form to ensure compliance with all criteria.
5. How long does the processing of an IMM 5738 application typically take?
The processing time for an IMM 5738 application can vary depending on various factors such as the volume of applications received, the completeness of the application, and the current processing times at the visa office handling the application. On average, it can take anywhere from several months to over a year for an IMM 5738 application to be processed. It is important for applicants to provide all required documents and information accurately to avoid delays in the processing of their sponsorship application. Applicants can check the current processing times on the Immigration, Refugees and Citizenship Canada (IRCC) website to get an estimate of how long their application may take to be processed.
6. Can multiple sponsors apply on one IMM 5738 form?
No, multiple sponsors cannot apply on one IMM 5738 form. Each sponsorship application requires a separate IMM 5738 form to be completed by the sponsor. The form is specifically designed for one sponsor to apply to sponsor one individual. It is important for sponsors to carefully fill out their own individual forms accurately to ensure that all necessary information is provided and that the application process proceeds smoothly. Attempting to submit multiple sponsorship applications on a single form may lead to confusion, delays, or potential rejection of the applications. Therefore, sponsors should adhere to the requirement of completing separate forms for each sponsorship application they intend to submit.
7. What supporting documents are required to be submitted with the IMM 5738 form?
When submitting the IMM 5738 form, there are several supporting documents that are required to be submitted to support the application to sponsor a family member. These documents may vary depending on the specific situation and the family member being sponsored, but commonly required documents include:
1. Copy of the sponsorship application package, including the IMM 1344 form and any other relevant forms.
2. Copy of the sponsorship undertaking form (IMM 5802) and the financial evaluation form (IMM 1283).
3. Proof of Canadian citizenship or permanent residence status of the sponsor, such as a copy of the passport bio page or permanent resident card.
4. Proof of relationship between the sponsor and the family member being sponsored, such as birth certificates, marriage certificates, or adoption papers.
5. Police clearance certificates for both the sponsor and the sponsored family member.
6. Copy of the sponsored family member’s passport bio page or travel document.
7. Any other relevant supporting documents that may be requested by the immigration authorities, depending on the specific circumstances of the case.
It’s important to carefully review the specific requirements outlined in the IMM 5738 guide and checklist to ensure that all necessary documents are included with the application to avoid delays or potential refusal.
8. Are there any financial obligations associated with submitting an IMM 5738 undertaking?
Yes, there are financial obligations associated with submitting an IMM 5738 undertaking as part of the application to sponsor a family member for immigration to Canada. These financial obligations include the requirement for the sponsor to commit to financially supporting the sponsored family member(s) for a specified period of time once they arrive in Canada. This support is intended to ensure that the sponsored individual(s) do not require social assistance from the government during their initial period of settlement in the country. The sponsor is responsible for meeting the financial needs of the sponsored individual(s) by providing financial support for essentials such as housing, food, clothing, and other basic living expenses.
Additionally, there may be application processing fees and other associated costs that the sponsor will need to pay in order to submit the IMM 5738 undertaking and complete the sponsorship application process. It is important for sponsors to be aware of these financial obligations and ensure they are prepared to meet them before deciding to undertake the sponsorship of a family member to Canada.
9. What happens if an IMM 5738 application is refused?
If an IMM 5738 application is refused, the sponsor will receive a refusal letter outlining the reasons for the denial. In this situation, the sponsor has the option to appeal the decision or reapply for sponsorship, addressing any issues identified in the refusal letter. It is crucial for sponsors to carefully review the reasons for the refusal and seek guidance if necessary to strengthen their application in a subsequent submission. Reapplying for sponsorship after a refusal does not necessarily increase the chances of success unless the underlying issues that led to the initial refusal are adequately addressed. It is advisable to seek the assistance of a qualified immigration professional to navigate the appeal process or prepare a stronger application for reconsideration.
10. Can a sponsored family member work or study in Canada once they are approved?
Yes, a sponsored family member can work or study in Canada once they are approved as a permanent resident through the sponsorship process. Once the sponsored family member becomes a permanent resident of Canada, they have the right to work or study in Canada under the same conditions as a Canadian citizen. This means they can pursue employment or education opportunities without the need for additional permits or authorizations. However, it is important to note that some restrictions may apply depending on the specific circumstances of the sponsorship and the conditions outlined in the sponsorship undertaking. It is advisable for sponsored family members to familiarize themselves with the relevant regulations and requirements related to working and studying in Canada to ensure compliance with the law.
11. Can a sponsored family member apply for Canadian citizenship?
Yes, a sponsored family member can apply for Canadian citizenship if they meet the eligibility criteria set out by Immigration, Refugees and Citizenship Canada (IRCC). In order to apply for Canadian citizenship, the sponsored family member must have been a permanent resident of Canada for at least three out of the five years preceding their application. They also need to have filed their taxes, demonstrated adequate knowledge of English or French, and passed a citizenship test on Canada’s history, values, institutions, and symbols. It is important for sponsored family members to adhere to all requirements and timelines set by IRCC in order to successfully obtain Canadian citizenship.
12. Are there any restrictions on who can be sponsored through the IMM 5738 form?
Yes, there are restrictions on who can be sponsored through the IMM 5738 form.
1. The person being sponsored must be a member of the Family Class, which includes spouses, common-law partners, conjugal partners, dependent children, parents, and grandparents.
2. The sponsor must meet the eligibility requirements outlined by Immigration, Refugees and Citizenship Canada (IRCC), such as being at least 18 years old, Canadian citizen, permanent resident, or a person registered in Canada as an Indian under the Canadian Indian Act.
3. The sponsor must also demonstrate the financial ability to support the sponsored person and any accompanying family members.
4. Certain criminality or health issues of either the sponsor or the person being sponsored may also impact the sponsorship application.
5. It’s essential to review the specific requirements outlined in the IMM 5738 guide and consult with an immigration professional to ensure eligibility before submitting the application.
13. Can a sponsor withdraw their sponsorship application after submitting the IMM 5738 form?
Yes, a sponsor can withdraw their sponsorship application after submitting the IMM 5738 form. Here are some important points to consider:
1. The sponsor must notify Immigration, Refugees and Citizenship Canada (IRCC) in writing of their decision to withdraw the sponsorship application.
2. If the sponsored individual has already submitted their application for permanent residence, the sponsor’s withdrawal will lead to the refusal of the sponsored individual’s application as well.
3. Withdrawal of the sponsorship application may have consequences for both the sponsor and the sponsored individual, so it is advisable to carefully consider the decision and seek legal advice if needed.
4. Once the sponsorship application is withdrawn, the sponsor may not be able to sponsor the same individual again in the future.
5. It is important to follow the proper procedures for withdrawal to ensure that the process is completed correctly and in a timely manner.
14. Can a sponsored family member sponsor other family members in the future?
Yes, a sponsored family member can potentially sponsor other eligible family members in the future, under certain conditions:
1. Meeting Eligibility Requirements: The sponsored family member must first meet the eligibility requirements to be a sponsor, which includes being a Canadian citizen, a permanent resident of Canada, or a registered Indian under the Indian Act.
2. Adhering to Sponsorship Limits: There are limitations on the number of sponsorships one individual can make over their lifetime. It is essential to verify the current regulations and restrictions in place to ensure compliance with the rules.
3. Financial Responsibilities: The sponsor is required to meet specific financial obligations when sponsoring a family member, including providing financial support and ensuring the basic needs of the sponsored individual are met. This factor should be taken into account when considering sponsoring additional family members in the future.
4. Other Considerations: It is advisable to seek guidance from immigration authorities or a legal professional specializing in immigration matters to fully understand the sponsorship process and any potential limitations or requirements that may apply to sponsoring additional family members in the future.
15. Are there any language requirements for sponsors or sponsored family members on the IMM 5738 form?
Yes, there are language requirements for sponsors and sponsored family members on the IMM 5738 form. When sponsoring a family member to Canada, the sponsor must demonstrate that they are able to provide basic needs for the sponsored person, which includes language proficiency. The sponsor must be able to communicate effectively in either English or French to be eligible to sponsor a family member. Additionally, the sponsored family member may also need to meet language requirements depending on the type of sponsorship application. It is important for sponsors and sponsored family members to meet these language requirements to ensure a successful sponsorship application.
16. Can a sponsored family member travel outside of Canada while their application is being processed?
Yes, a sponsored family member can travel outside of Canada while their sponsorship application is being processed under certain conditions.
1. If the sponsored family member is applying for permanent residence from within Canada, they are allowed to travel outside of the country while their application is being processed as long as they meet the requirements for maintaining their status in Canada, such as having a valid temporary resident status document (e.g. visitor record or work permit).
2. However, if the sponsored family member is outside of Canada and applying for permanent residence through the spousal or common-law partner in Canada class, they are generally required to remain outside of Canada until their application is approved and they receive their permanent resident visa.
3. It is important for sponsored family members to carefully consider the potential risks of traveling outside of Canada while their application is in process, as factors such as the length of absence and the status of the application can impact their ability to return to Canada. It is recommended to seek advice from an immigration professional or consult with the relevant immigration authorities before making any travel plans.
17. What are the consequences of providing false or misleading information on the IMM 5738 form?
Providing false or misleading information on the IMM 5738 form can have serious consequences. Here are some potential repercussions:
1. Ineligibility: If it is discovered that false information was provided on the form, the sponsoring individual may become ineligible to sponsor their family member, leading to the application being rejected or denied.
2. Ban: The sponsor could face a ban from sponsoring any family member in the future, depending on the severity of the false information provided.
3. Legal consequences: Providing false information on immigration forms is considered a serious offense and may result in legal consequences, such as fines or even criminal charges.
4. Reputational damage: Providing false information can harm the sponsor’s credibility with immigration authorities, making it more difficult for them to sponsor relatives or apply for other immigration benefits in the future.
It is crucial to be honest and accurate when completing immigration forms to avoid these severe consequences.
18. What is the difference between a permanent resident and a sponsored family member in Canada?
1. A permanent resident in Canada is an individual who has been granted the right to live in Canada on a permanent basis. They have most of the same rights and responsibilities as Canadian citizens, including access to healthcare, education, and social benefits. Permanent residents are required to live in Canada for at least 730 days within a five-year period to maintain their status.
2. On the other hand, a sponsored family member in Canada is someone who is sponsored by a Canadian citizen or permanent resident to come to Canada as a permanent resident. The sponsor undertakes to provide financial and emotional support to the sponsored family member for a specified period, typically three to ten years depending on the family relationship.
3. The key difference between a permanent resident and a sponsored family member is that the permanent resident has obtained their status independently through the normal immigration process, while the sponsored family member is dependent on the sponsorship of a Canadian citizen or permanent resident to gain entry and establish themselves in Canada.
19. Can a sponsor apply for a visitor visa for their sponsored family member while the IMM 5738 application is being processed?
Yes, a sponsor can apply for a visitor visa for their sponsored family member while the IMM 5738 application is being processed. However, there are several key considerations to keep in mind:
1. The visitor visa application for the sponsored family member should be based on genuine temporary travel intentions, meaning the visitor intends to visit Canada temporarily and will return to their home country after the visit.
2. The sponsored family member should ensure they meet the eligibility criteria for a visitor visa separately from the sponsorship application requirements.
3. It is important to disclose the ongoing sponsorship application in the visitor visa application to provide full transparency to the immigration authorities.
4. The processing times for visitor visas may vary, and the sponsored family member should be prepared for potential delays in obtaining the visitor visa while the sponsorship application is being processed.
Overall, while it is possible to apply for a visitor visa for a sponsored family member during the IMM 5738 processing, it is essential to ensure that both applications are prepared and submitted accurately to avoid any complications or delays in the immigration process.
20. Is it possible to appeal a decision on an IMM 5738 application?
Yes, it is possible to appeal a decision on an IMM 5738 application. If your application to sponsor a family member or loved one was denied, you have the option to appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada. It is important to note that there are specific guidelines and time limitations regarding the appeal process. Here are some key points to consider if you are thinking about appealing a decision on your IMM 5738 application:
1. Grounds for Appeal: You can appeal a decision if you believe that an error was made in the processing of your application, or if you have new evidence that was not considered in the original decision.
2. Deadline for Appeal: Typically, you have 30 days from the date of receiving the refusal letter to file an appeal with the IAD. It is crucial to adhere to this deadline to ensure your appeal is considered.
3. Appeal Process: The appeal process involves submitting a Notice of Appeal along with the required documentation to the IAD. The IAD will then schedule a hearing where you will have the opportunity to present your case.
4. Legal Representation: While it is not mandatory to have legal representation during the appeal process, it is highly recommended to seek the advice of an immigration lawyer or consultant who can guide you through the process and present your case effectively.
Overall, appealing a decision on an IMM 5738 application can be a complex and challenging process, but it provides an opportunity to have a decision reviewed and potentially overturned. It is essential to thoroughly understand the appeal process and seek professional help to increase your chances of success.