undeclared spouse

[makisabrina]

Hello everyone

My husband did not declare he was marries when filing for PR because we were not married yet. After we got married, he did not declare.
I am currently in Canada with my kids on visit visa. We are planning to apply for H&C on spousal sponsorship

My husband wants us to go back and wait till he becomes a citizen and then he can file.

My question is this, can he still file for me when he becomes a citizen as I was never mentioned in his PR application.

 

[scylla]

No - he can't file for you once he's a citizen. You are forever excluded from being sponsored since you weren't declared in his original application. Attempting to sponsor you could put his status in Canada at risk (although it's unlikely CIC would do anything). An H&C application won't succeed. You need to start looking into what it will take to immigrate to Canada on your own as an economic immigrant (e.g. through Express Entry). This is really your only option.

 

[zardoz]

Hello everyone

My husband did not declare he was marries when filing for PR because we were not married yet. After we got married, he did not declare.
I am currently in Canada with my kids on visit visa. We are planning to apply for H&C on spousal sponsorship

My husband wants us to go back and wait till he becomes a citizen and then he can file.

My question is this, can he still file for me when he becomes a citizen as I was never mentioned in his PR application.

I already answered this some months ago, when you first asked. http://www.canadavisa.com/canada-immigration-discussion-board/help-please-t426197.0.html
Him becoming a citizen makes no difference to the situation.

 

[links18]

What if they got divorced and then started a common law relationship and sometime later and then got married again? Technically, that's a new marriage; although it doesn't erase the prior misrepresentation........

 

[screech339]

What if they got divorced and then started a common law relationship and sometime later and then got married again? Technically, that's a new marriage; although it doesn't erase the prior misrepresentation........

The only way it would work is if OP renounced PR and reapply with spouse. Now that OP is citizen, OP has to renounce citizenship and apply for PR with spouse added.

 

[canadaon]

Hello everyone

My husband did not declare he was marries when filing for PR because we were not married yet. After we got married, he did not declare.
I am currently in Canada with my kids on visit visa. We are planning to apply for H&C on spousal sponsorship

My husband wants us to go back and wait till he becomes a citizen and then he can file.

My question is this, can he still file for me when he becomes a citizen as I was never mentioned in his PR application.

I am not sure which country are you from. I believe you should be able to remarry and prepare all the necessary certificates to prove that you got married. Then you can apply for PR/Citizenship

 

[zardoz]

The only way it would work is if OP renounced PR and reapply with spouse. Now that OP is citizen, OP has to renounce citizenship and apply for PR with spouse added.

He's not a citizen yet, so still has time to renounce PR status and reapply.

 

[zardoz]

I am not sure which country are you from. I believe you should be able to remarry and prepare all the necessary certificates to prove that you got married. Then you can apply for PR/Citizenship

This will NOT work. Period.

 

[canadaon]

This will NOT work. Period.

All the countries doesn't issue a marriage certificate right after the marriage. It might work.. PERIOD

 

[screech339]

All the countries doesn't issue a marriage certificate right after the marriage. It might work.. PERIOD

It doesn't matter when a country issues new marriage certificate. The OP was married at time of landing to the same person and landed as single. OP can divorce and remarry many times to the same spouse as OP wishes and he will still not be able to sponsor his spouse for PR.

 

[ambient2]

Did you get married while his PR was in process or after ?
If it was during his application, that means he misrepresented himself, he might get stripped of his PR if he declares. If he gets his Citizenship in few years and declares that he was married, that would be double misrepresentation, and in this case, might be considered as a fraud. He will loose both his PR and Citizenship.
If you got married after he became PR, than it's none of CIC's business.

Did you get married in your home country ?
You better get the divorce and remarry after he gets his citizenship,
or he needs to declare that he made a mistake, hire the lawyer and plea CIC to make a relief on his case, another option is to renounce PR status and reapply.

 

[zardoz]

Did you get married while his PR was in process or after ?
If it was during his application, that means he misrepresented himself, he might get stripped of his PR if he declares. If he gets his Citizenship in few years and declares that he was married, that would be double misrepresentation, and in this case, might be considered as a fraud. He will loose both his PR and Citizenship.
If you got married after he became PR, than it's none of CIC's business.

Did you get married in your home country ?
You better get the divorce and remarry after he gets his citizenship,
or he needs to declare that he made a mistake, hire the lawyer and plea CIC to make a relief on his case, another option is to renounce PR status and reapply.

As has already been stated, divorce and remarry will not solve this problem. It doesn't matter if he is a PR or a Canadian citizen.
http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-117.html
Section 117(9)(d).
Check out this similar thread. http://www.canadavisa.com/canada-immigration-discussion-board/plz-need-urgent-help-regarding-submission-on-1179d-t126920.0.html

 

[screech339]

Did you get married while his PR was in process or after ?
If it was during his application, that means he misrepresented himself, he might get stripped of his PR if he declares. If he gets his Citizenship in few years and declares that he was married, that would be double misrepresentation, and in this case, might be considered as a fraud. He will loose both his PR and Citizenship.
If you got married after he became PR, than it's none of CIC's business.

Did you get married in your home country ?
You better get the divorce and remarry after he gets his citizenship,
or he needs to declare that he made a mistake, hire the lawyer and plea CIC to make a relief on his case, another option is to renounce PR status and reapply.

The divorce papers will show date of marriage and that means the PR was married at time of landing and declared as single. CIC will still deny the the PR the ability to sponsor his remarried wife for PR even as canadian citizen.

 

[links18]

Were they married when he landed or not? Its not entirely clear.......

 

[alphazip]

Were they married when he landed or not? Its not entirely clear.......

Looking at the previous thread, it appears that the husband was single when he applied and was approved for PR, married by the time he landed.