Amendment Landing Papers at port of entry Canada - HELP HELP HELP

[sanjeev400]

Hi everyone, I have a common law partner who is not on my landing papers as my visa has just been released.  I informed the embassy a thousands of times about this, by fax, emails and they always reply to me that ALL AMENDMENT REGARDING LANDING PAPAERS CAN ONLY BE DONE AT PORT OF ENTRY IN CANADA AS MY FILE IS CLOSED ALREADY.  Now, I read somewhere that if my common law partner is not declared I will be in deep trouble and also that a medical test has to be conducted before my arrival in Canada.  I am in a deep trouble and 18 days only remained for me to be in Canada.  I shall be very very very grateful for your huge help.

[Boncuk]

How is it that you received your visa without a medical? Which visa office is this?

[sanjeev400]

I made my medical test already and the visa already received also.  This only concern for my common law partner who has not yet undergone a merdical test which I think can jeopardise sponsorship in his favour. This is from Nairobi.  I informed them that I have a common law partner and they replied to me that the visa has already been approved and if I would like to sponsor him this is possible.  But, my only preoccupation is that I have not been asked to provide his medical test - as accordingly - an accompany or non accompany common law partner should undertake a medical test - am I right?  I have also forwarded a lot of emails and they told me that this can be sorted out at the port of entry in Canada.  For info, I am immigrating to Quebec.  Please help me with thanks

[Boncuk]

did you not have a common law partner at the beginning of the process? your file should have included them from the beginning.. that would be considered misrepresentation.. maybe PMM or Leon can help you out on this one.. sorry I cant be of more help but this just seems odd to me. :-)

[PMM]

Hi

did you not have a common law partner at the beginning of the process? your file should have included them from the beginning.. that would be considered misrepresentation.. maybe PMM or Leon can help you out on this one.. sorry I cant be of more help but this just seems odd to me. :-)

She has been told what she must do, but doesn't seem to want to listen.  She seems to be under the mistaken belief that when she arrives in Canada, all she has to do is tell Immigration that she has C/law partner, which she never declared nor was examined and everything will be fine.

PMM

[sanjeev400]

Hi PMM, yes that is what I was told in the email.  Do you think if I print the email and show to the port of entry the replies from the regional embassy.  I have kept all correspondences and replies from them which I can prove to the officer in Canada mentionning that:

(1) I can sponsor my common law partner once in Canada
(2) I can amend the landing papers in Canada at the port of entry
(3) I cannot be blamed for misinterpretation because I informed them so many times - directly to my regional embassy.  I have asked my common law partner to undergo a medical test which I will submit to the officer.  Do you think it is a good idea?
(4) I wrote somewhere on the web that correction on the landing form can be made in Ottawa before landing.  For example by amending maritial status: from single to common law. 

Thanks a again for your advice and help PMM.

[Rasha]

misrepresentation is misrepresentation. If you had a c/law partner prior to your application being approved, and you did not amend your application appropriately (all the application procedures for him just as you did etc... with the request and guidance of the CIC), AND he is not listed on the landing papers - then he either was not approved OR they did not acknowledge him in your application. Point Blank.

By your own statement, you have been informed that you can sponsor your c/law spouse....you can't just show up at some port of entry at whim, and say HI, here's my spouse.. I want to sponsor him.

there is a process, as I am sure PMM has laid out....you do the appropriate paperwork as an out of canada sponsorship [it's highly unlikely he will get a trv to visit you, given the circumstances...] and you sponsor him and then once approved he can come to Canada...

n'est ce pas?

[sanjeev400]

Hi again, please check this, I just fell on that:

Request ID
   IRPA00000000847
   Item
   IP 02-5.31 Misrepresentation
   Category
   SELECTION: Social (H&C, Family Class, LCP, TRP)
   Question
   We have a Permanent Resident who landed as single with no dependants on 03 May 05, 2002- He has submitted a sponsorship on behalf of his spouse whom he married the day before his departure-02 May 2002.The foreign national appears to be excluded under R117(9)d). There are two interpretations on whether or not the foreign national would be excluded.  Please advise which is correct or if there is another interpretation that should be applied.Interpretaion 1:  In the scenario posed, the spouse was not a dependent at the time of the sponsor's application for permanent residence and it can therefore be argued that 117(9)(d) would not apply, given the language used in this clause. The spouse was a dependent at the time of landing and there was an onus on the sponsor to declare his changed marital status (under the former regs) at the    time of landing. Therein is the misrepresentation.Interpretation 2:   Although this sponsor cannot be reported as the misrepresentation did not occur under IRPA, I think 117(9)(d) does apply as an exclusion in this scenario as an "application" from the reading of this section would tend to imply that an application is "alive" and remains an application until such time as the individual becomes a permanent resident (at the POE) and therefore the spouse should have been declared, included    and examined prior to the applicant having been granted the status of permanent resident.   
 
Solution Details
In this situation, the spouse would be excluded as per R117(9)(d). The spouse was a family member when the applicant appeared at the POE to become a permanent resident. The applicant was required to advise the officer at the POE of this new family member.  R51(1)(a) states, "A foreign national who holds a permanent resident visa and is seeking to become a permanent resident at a port of entry must inform the officer if the foreign national has become a spouse or common-law partner...".

Please advise at your earliest with many thanks.