Complicated Relations

[Zaibi]

Dear Friend,
I have some very complicated situation here. My wife workes in a different country than mine and we both are out of our home countries. She applied for immigration with her x-husband before getting married to me (They are divorced and did not notify CIC to prevent complications). They still did not get the medical request. Her x husband is in another country. So
1- What do you think, is this a good idea for her to continue with the old application or she should withdraw and I apply for her. (I am also waiting for visa to be stamped on my pp)
3- Approximately how long would it take if I apply for her from my country of residence (Not the home country) after getting my PR
2- Do people who apply as a family, have to do medical from same country? Is it hard and fast rule?
3- I know passports have to be sent in one envelope, but what if husband and wife are living in 2 different countries, can they send passports separatly?
Guys I need a serious help. I have complications and I'd appriciate all the help

Best Regards

 

[Love_Young]

1. Well firstly she should not continue with that application with her ex-husband. This would be misrepresentation.
The sponsor needs to withdraw it. Also, do you plan on actually going back to live in Canada? Because if not she can just visit. If you are actually planning to stay there for the long term then you need to either go back home to Canada and get ties built up before applying or apply while you are still outside and still provide ties to Canada showing that you have plans to remain there permanently if if gets approved. Things such as: a job offer letter, lease agreement signed, letter from relatives saying they will provide for you when both get there, etc. There are more things you can find if you search on the forum.

2. Well we can only give you an approximate as to how long it can take and that is for straight forward cases. I can't see this being too straightforward as you are going to have to prove a connection even though you both aren't living in your actual home countries or living together and also that she didn't just marry you to obtain status in Canada. If there are any problems it could take longer than normal. Just be prepared to include a lot of evidence. If you are having trouble finding what types of evidence to include, you can also search that on this forum. If you tell us the country we would be more able to give you an approximate to that countries timeline. The one thing I can say is that it usually takes 1 month after Mississauga receives your application to approve or deny the sponsor portion. If it is approved it then continues to the visa office abroad to process the applicant's portion.

3. What do you mean by do a medical in the same country? As long as they go to a DMP then they could essentially get it done anywhere though many get theres done while visiting Canada because it can be much more cheaper.

4. Well you don't send the passport until they are ready to issue the PR visa so you don't send that in. The sponsor would not send in the passport. It would be the applicant's that is requested and sent as well as dependents (kids if being sponsored too).

My question for you would be: Are you a Canadian citizen or permanent resident? If not, then this is not the category you both should be using because if neither one of you are then no one can sponsor you in but yourselves. So you would have to do it through the other categories. Also, if you are only a permanent resident of Canada then you will need to remain in Canada during the duration of the sponsorship.

 

[Zaibi]

Dear Loveyoung,

Thanks a million for your time and useful information. Well, I have already sent my PP for visa to be stamped on. I'll go to Canada for a month and will comeback for a year and next year I am planning to move there permanently. So you mean to say, that it is better to go and live there and then apply for the sponsorship.
Well once again. Thanks

 

[Love_Young]

Did you not mention your wife on your own application?
Do not land in Canada to become a PR without mentioning her on there or else you will not be able to sponsor her at all in the future.
She would have to immigrate on her own. So get that other application between her and her ex withdrawn and get her medical done. Then notify them saying you would like to add her onto your application. Then send them any required documents they need from her.

What category did you apply through?
Also, you are most welcome!

 

[angelbrat]

Love Young is right.....you cannot land unless you inform CIC that you are now married. To do so will stop you EVER being able to sponsor your wife.

You have a legal obligation to inform CIC of any changes before you land. If you do not, you too could lose your PR for misrepresentation.

 

[nylalisa]

Im confused, but is this not going to raise serious flags and concerms if she is currently in process with someone else? She is going to have to explain why she married someone else while claiming a relationship with her ex. This will be seen in CAIPS the dates of overlap there. You are all in danger of misrepresentation. He cant have mentioned the wife because as far as CIC knows she is with someone else.

 

[Love_Young]

Im confused, but is this not going to raise serious flags and concerms if she is currently in process with someone else? She is going to have to explain why she married someone else while claiming a relationship with her ex. This will be seen in CAIPS the dates of overlap there. You are all in danger of misrepresentation. He cant have mentioned the wife because as far as CIC knows she is with someone else.

That is why she needs to provide proof that her and the ex are divorced and proof this isn't about obtaining status. Also, the other guy needs to withdraw the other application now. Then the OP needs to claim her as a spouse. It really could cause a complicated situation but right now they need to take those steps first.

 

[rjessome]

Ok, you guys are getting confused. This is NOT a family class application. There is NO sponsor.

Secondly, since this is probably an FSW application, who is the principal applicant? The wife or the ex-husband? That question needs to be answered first before anyone could offer further advice.

 

[Love_Young]

rjessome, I am aware this is probably a FSW however, the OP is getting confused thinking that he needs to sponsor his wife AFTER he lands from his own immigration application which as you know isn't the best way to go about it.

Here are the facts I have gathered from the situation:
1. The OP's wife was being sponsored from a former spouse, they were asked for more documents and essentially didn't send them anything. They just left the application be.
2. The OP's wife now divorced from the man and is now with the OP.
3. The OP and his wife are married but both living in opposite countries and the countries they are living in are not their each own home country.
4. The OP is immigrating on their own merit and was hoping to land THEN sponsor their wife which is why he was asking questions regarding his wife's situation.
5. The OP now needs to figure out how to update CIC on HIS own application about the marriage to his wife. And she needs to straighten out the situation with her former spouse and their application.

This is all I have gathered thus far and hopefully helps you rjessome and helping the OP more.
P.S. OP if I have gotten any facts wrong please inform me and I am sorry.

 

[rjessome]

Thanks Love_Young.

Ok, missed the part where the OP said they have also applied for PR to Canada. I thought they meant "future" application. Yes, the OP must inform CIC that they are married and the wife must be added to the application. The OP may NOT have applied through FSW as it could be one of the other economic classes (not enough detail to tell) or it could be as a dependant, etc. Anyway, at this point we would need to know which class the OP applied under.

I'm now less worried that the wife has an ongoing application as this can be withdrawn pretty easily, especially since no meds have been requested so processing is obviously not complete. However, the OP has more serious concerns!

You know what frustrates me? So many people will apply to immigrate to Canada and while going through the process, completely change their lives (like getting married, have children) and NOT tell CIC that their information has changed although it is stated in EVERY corner of EVERY application, letter/email from CIC, Guide and processing manual to INFORM CIC about ANY changes!!! It's EVERYWHERE! The OP states that they've already sent their passport in for visa stamping yet they only think to ask about this now???? I'm sorry to rant but this happens all the time and then applicants cry foul, "CIC ruined my life" and yet it the OP should have READ the instructions given to him when he received the passport request!!! Is that too much to ask? Argh!

 

[Love_Young]

You're most welcome rjessome!

I know what you mean. It happens so much more often than it should. I mean I could understand it if it was well illustrated as not all things are but this should be common sense even if it wasn't posted EVERYWHERE. Even most other governments will say, as soon as there is a change to address, marital status, child birth etc. you need to notify them as soon as it happens. Same goes for CIC.

Hopefully they can get this straightened out before it gets more complicated though.