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undeclared husband sponsorship

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aiza View Drop Down
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Joined: 11 Dec 2014
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Post Options Post Options   Thanks (0) Thanks(0)   Quote aiza Quote  Post ReplyReply Direct Link To This Post Topic: undeclared husband sponsorship
    Posted: 11 Dec 2014 at 5:58pm
Hi there, 

I got married this May, 2014 and got my PR at the end of Nov,2014. When I received an email from CIC wherein they requested me to sent them my passport if my status is not changed yet. At that time, I did not declare my marriage as marriage certificate was not with them and it was in processing in my hometown. 

Today, I met one of lawyer in Winnipeg, and he told me that my husband would be banned forever for sponsorship. I am much worried.


 Anyone had the same experience and any progress/ rejection from CIC, please update me. 



Thank you very much!

Regards, 
uzma
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 11 Dec 2014 at 9:23pm
The lawyer is correct, if you were married at the time you landed and became a Permanent Resident, and your spouse was not declared, not examined, you are not eligible to sponsor that individual, and will never be eligible to sponsor that individual.

And it appears that CIC is consistently strict about enforcing this.

Never experienced this, myself, but over the years have seen a lot of heartache expressed in this and other forums due to this, and I have seen a fair number of officially reported cases in which people made a concerted effort to become an exception, almost always to no avail (these efforts are usually based on H&C grounds, but there is no H&C exception for this).

Technically there could be misrepresentation issues regarding the validity of your Permanent Resident status as well.

There are, unfortunately, many who in a similar situation similarly have not declared a marriage even though the instructions about reporting such changes in circumstances are very clear, and they did so because they recognized that the PR they have long been waiting for and have finally been approved for, would likely be delayed if they declare a marriage while the application was pending. And many may even fear it could change the outcome.

I know of no recourse which will allow you to sponsor an undeclared spouse.


Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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ski View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ski Quote  Post ReplyReply Direct Link To This Post Posted: 11 Dec 2014 at 10:12pm
i wonder if divorce and remarry route might help
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pmm View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 12 Dec 2014 at 1:12am
Hi


Originally posted by ski ski wrote:

i wonder if divorce and remarry route might help


No, it doesn't, CIC has that angle covered in the regulations.
PMM
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