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Marital status/Sponsoring spouse

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Preserving Permanent Residence Status
Forum Description: How long can a permanent resident remain outside of Canada? Commentaries on preserving permanent residence.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=757
Printed Date: 23 Apr 2024 at 4:31am


Topic: Marital status/Sponsoring spouse
Posted By: Bela
Subject: Marital status/Sponsoring spouse
Date Posted: 14 Jan 2010 at 6:54pm

Hi!

 

In between my COPR (Aug 2008) and landing (Jan 2009) I got married. My status was single till I got COPR and haven’t notified the authorities about change in my marital status.

 

I will soon be applying to sponsor my wife. Is there going to be any trouble since I haven’t notified the authorities? What steps should I take now to make her application process as smooth as possible?

 

I will greatly appreciate your advice.

 

Thank you, 




Replies:
Posted By: jamaisomal
Date Posted: 14 Jan 2010 at 7:17pm
You were supposed to have informed them of your marital status change at your landing. How long have you been with your wife before you got married? Did you live together?

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Application sent May 13, 2010
Started processing July 22, 2010.
Decision made March 7, 2011
Landed April 13th 2011
The whole process took exactly 11 months!


Posted By: scylla
Date Posted: 14 Jan 2010 at 7:26pm
Unfortunately I don't think it matters how long you were with your wife before you got married. Not declaring your wife before/when you landed technically means that she will never be eligible to be sponsored by you. What's more, I believe this means you misrepresented yourself which could put your own PR status in jeopardy. This is definitely a question for one of the more experienced members of this forum. Hopefully they can provide you with guidance.


Posted By: IslandGirl
Date Posted: 14 Jan 2010 at 7:46pm
Ditto on both of the above replies
When you landed - they asked you if there was any change in your marital status & if not - you signed your papers that you were single

This means that you cannot ever sponsor your wife to Canada & that she will have to qualify on her own
Even then, it could put your PR at risk for misrepresentation


-------------
Used to be known here as "feb7" - there's no doubt to my gender this way
http://tinyurl.com/ydsvlx4 - My previous profile


Posted By: jamaisomal
Date Posted: 14 Jan 2010 at 7:53pm
Scylla, that's what I was getting at. OP you can not sponsor your wife now. Even though you got COPR before you got married, your marital status change is something you should have informed CIC of right away.

-------------
Application sent May 13, 2010
Started processing July 22, 2010.
Decision made March 7, 2011
Landed April 13th 2011
The whole process took exactly 11 months!


Posted By: Bela
Date Posted: 14 Jan 2010 at 8:00pm
Out of ignorance, I thought that the process ends after COPR is received. 

I may have updated the authorities at the time of landing but do not remember the fact for sure. 

I did not realize the importance until now. Is there a way to find out what is on file? 

I truly appreciate your responses. 

Thank you.


Posted By: pmm
Date Posted: 14 Jan 2010 at 11:49pm
Hi

Originally posted by Bela Bela wrote:

Out of ignorance, I thought that the process ends after COPR is received. 
I may have updated the authorities at the time of landing but do not remember the fact for sure. 
I did not realize the importance until now. Is there a way to find out what is on file? 
I truly appreciate your responses. 
Thank you.


You would have known if you updated CIC/CHC as you would have had to amend your application, you wife would have to complete her application and have a medical exam.

-------------
PMM


Posted By: Bela
Date Posted: 15 Jan 2010 at 2:31pm

I got my COPR in August, got married in December and did my landing in January. I could have landed before December but it did not occur to me. Do I have a case presenting it as an honest mistake and not misrepresentation? My wife did not accompany me during landing, raising no question about the change. I signed the paperwork as single without reading (Huge mistake).  

 

Information from cic,gc,ca clearly states to notify changes in marital status during application but wouldn’t you think that the application is over when you receive COPR, after all your passport is stamped and the paperwork is finished.  

 

My chances are probably slim but please advice if there is any hope left.

 

I appreciate your help.

 

Thank you, 



Posted By: scylla
Date Posted: 15 Jan 2010 at 2:50pm
I think raising this as an honest mistake would be risky and increase your chances of being accused of misrepresentation.

Any chance your wife might qualify independently (i.e. as a skilled worker)?


Posted By: Bela
Date Posted: 15 Jan 2010 at 3:01pm

She can apply independently but isn’t that going to raise a question why she couldn’t be sponsored as a spouse and open the same can of worms.

 

Thinking long term, even if she gets her PR independently, will that jeopardize our citizen application later?  



Posted By: scylla
Date Posted: 15 Jan 2010 at 3:24pm
Bela - Sorry, you've asked some good questions but I don't know the answers and don't want to misdirect you. Hopefully someone else can give you some guidance. Good luck.


Posted By: PakCanadian
Date Posted: 15 Jan 2010 at 3:38pm
Bela,

you are facing two serious issues here:

a) Section 40(1) (a) of IRPA - Misrepresenatinon. It states as follows:

A permanent resident or a foreign national is inadmissible for misrepresentation for directly or indirectly misrepresenting or witholding material facts relating to a relevant matter that induces or could induce an error in the administratiion of this Act.

Having said so, depending on your specific cirsumstances, you may or may not be on the hook for this one but guess what next:

Reg 117 (9) (d) of IRPR - Excluded relationships. Since, you did not declare your marital status to the immigration officials at the time of landing, she becomes an excluded family member. However, I might have two solutions to this problem.

Due to the nature of your situation and privacy issues, I can not comment publicly unless you can write me an email, only if you wish to...

Good luck!!


Posted By: mod
Date Posted: 19 Jan 2010 at 4:40am
PakCanadian
 
One interesting situation, but requires your attention & advices.
 
One of my freind get Canada immigration visa he applied in 2003. he applied with his wife & children and submitted all types of fees and all family members got visa. now, he planned to go alone and spent 3 years there to get canadian passport.
 
Now the issue is that here in pakistan visa of his family members would be expired. He need suggestions that when after 3 years he will get passport then will he able to call/sponser his family as a national of Canada.


Posted By: johnny31
Date Posted: 29 Aug 2010 at 12:49am
Originally posted by PakCanadian PakCanadian wrote:

Bela,

you are facing two serious issues here:

a) Section 40(1) (a) of IRPA - Misrepresenatinon. It states as follows:

A permanent resident or a foreign national is inadmissible for misrepresentation for directly or indirectly misrepresenting or witholding material facts relating to a relevant matter that induces or could induce an error in the administratiion of this Act.

Having said so, depending on your specific cirsumstances, you may or may not be on the hook for this one but guess what next:

Reg 117 (9) (d) of IRPR - Excluded relationships. Since, you did not declare your marital status to the immigration officials at the time of landing, she becomes an excluded family member. However, I might have two solutions to this problem.

Due to the nature of your situation and privacy issues, I can not comment publicly unless you can write me an email, only if you wish to...

Good luck!!



hello mam, 
      I was facing the same situation of Bela and out of ignorance, I was not able to declare my wife. I am now holding a PM and wanted to declare my wife. What would be the steps that i must make to make this thing possible? Please help, I badly needed it and thank you so much for attending to my queries. God bless everyone.

Johnny Polo


-------------
born to meet my soulmate & lifetime partner bibi...


Posted By: canvis2006
Date Posted: 29 Aug 2010 at 2:40am
Mod,

Sponsorship process can also be done with PR status, one does not have to be a citizen or wait to be a citizen. Keep in mind that citizenship is not immediately received after 3 years, there is a process which takes another 1.5 to 2 years AT LEAST. (processing times are going up)
Your friend should take his family with him to Canada. Otherwise spouse/kids will have to be sponsored again and examined. It is foolish to keep family in Pakistan for 4-5 years just for the guy to get a passport. It is better if the kids land before they reach age 22 years.
So think hard before he makes such decisions for kids to stay outside




Posted By: Victory
Date Posted: 08 Sep 2010 at 3:12pm
Hello Pakcanadian,
 
It's not possible to send you any pm at present cause your box is full...Can you do something about it????Thanks!Thanks!Thanks!Big smile


Posted By: PakCanadian
Date Posted: 08 Sep 2010 at 6:26pm

Hello Victory:

yeah, It was indeed 100% full due to an influx of daily inquiries. Anyway, I have deleted some older messages and you can now send me pm if wish to.

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