Getting Married before Landing

[Lesliz]

Hi everyone! my sister and I were suppose to come here in Canada the same time a decade ago. Unfortunately for her she got married then gave birth a week before departing for Canada. I flew and she got left behind with her new family. Is there by any chance we can salvage or somehow renew her application after almost 13 years had passed. She did get her immigration visa and all that time, it's just that we didn't look into fixing her status before then which I realized now that all she had to do back then would have to call CIC and inform her of her new status. Appreciate all the advises and answers. Thank you

 

[Rob_TO]

Hi everyone! my sister and I were suppose to come here in Canada the same time a decade ago. Unfortunately for her she got married then gave birth a week before departing for Canada. I flew and she got left behind with her new family. Is there by any chance we can salvage or somehow renew her application after almost 13 years had passed. She did get her immigration visa and all that time, it's just that we didn't look into fixing her status before then which I realized now that all she had to do back then would have to call CIC and inform her of her new status. Appreciate all the advises and answers. Thank you

Repeated from your other post... zero chance.

 

[Leon]

Hi everyone! my sister and I were suppose to come here in Canada the same time a decade ago. Unfortunately for her she got married then gave birth a week before departing for Canada. I flew and she got left behind with her new family. Is there by any chance we can salvage or somehow renew her application after almost 13 years had passed. She did get her immigration visa and all that time, it's just that we didn't look into fixing her status before then which I realized now that all she had to do back then would have to call CIC and inform her of her new status. Appreciate all the advises and answers. Thank you

It wouldn't have been enough to call CIC and inform them of her new status. She would have had to add her husband and baby to the application as well and could not have landed until she had done that.

However, that's water under the bridge. She can not refresh a 13 year old application. As soon as her PR visa expired unused, it was too late for that. What she can do now is apply again if she still qualifies.

 

[zardoz]

It wouldn't have been enough to call CIC and inform them of her new status. She would have had to add her husband and baby to the application as well and could not have landed until she had done that.

However, that's water under the bridge. She can not refresh a 13 year old application. As soon as her PR visa expired unused, it was too late for that. What she can do now is apply again if she still qualifies.

In any case, if she was a dependant in the PR application, the fact that she got married would have removed her from a "dependant" status and rendered her ineligible for PR status anyway. If that was the case, there was no possibility of her legally becoming a permanent resident a decade ago.

 

[MatQue]

Did you just randomly pick a thread to post on?

Your question belongs in the Family Class Sponsorship section at http://www.canadavisa.com/canada-immigration-discussion-board/family-class-sponsorship-b5.0/

Just deleted my post! Thanks for being so tender...

MatQue

 

[Leon]

Hello friends,
I have an urgent question and I am hoping somebody can help me out.
I got my PR confirmation and I am preparing to do my landing soon. The problem is that 8 month ago, I had a proxy verbal marriage that was not documented, so, there is no marriage certificate. I lived with my spouse for 8 Month and half. Should I disclose this when I land? However, I can not get a proof of marriage, or wait till I get my PR and then get legal official marriage and then have a sponsorship. please advice.

If what you had it not a legal marriage and you have not lived with your spouse for 12 months and will not reach 12 months before you land, you are not eligible to add your spouse to your application.

If you want to add your spouse to your application, you should not land at this point but instead tell immigration that you are going to be adding your spouse to your application. Then either wait until you reach 12 months and add as a common law partner or marry legally and add as your spouse. After sending in her documents, you wait for your visa to be reissued along with her visa and both land together.

If you want to sponsor, land now before you reach 12 months of living together. You can tell immigration when you land that you plan to get married soon and sponsor your spouse. Then go back, get married, return to Canada again and file sponsorship.

 

[Leon]

Thank you so much for your answer. so, to clarify, there is no legal problem not to mention this marriage as it is not recognized as a legal marriage, and this would not be considered a misrepresentation? secondly, is there any time limit after the landing to get a legal marriage and have a sponsorship later on? meaning should I wait a period of time or not? something else, my spouse is already in Canada on a work permit, would this make any difference? I really appreciate your help.

If you are saying it's not a legal marriage, there is no misrepresentation. However, if you want to be bulletproof about it, let the visa office know about this ceremony that you did and ask them if this qualifies you to add your partner to your application. If they say no, then you can land without a worry in the world because you told them. If they say yes, you would have to add her.

There is no time limit for getting married and sponsoring later. You can do it right away or not. It does not matter if your partner is already in Canada on a work permit.

 

[StevieFray]

Repeated from your other post... zero chance.

lol

 

[Buletruck]

Can he just go here as Visitor’s visa and get married here in Canada and do the spousal sponsorship?

That doesn’t work. On top of that, it’s committing misrepresenting again....probably not the best idea.

 

[scylla]

Hi. Can I ask you about this matter? I got married before I landed on Canada because I was pregnant that time. And I just found it here that I committed misinterpretation and I could’nt my husband forever.
Can he just go here as Visitor’s visa and get married here in Canada and do the spousal sponsorship? Did the IRCC will noticed our first marriage back then in our country? Thankyou for your response. Tbh,I’m very much stressed right now.
Ps: I just sponsored by my mom that’s why I didn’t declared the marriage as soon as I get the visa.

You have a number of problems on your hands.

No - your husband cannot simply come to Canada and marry you here. That would mean lying about your real / first marriage. This will be discovered during background checks and his application will be refused (and he'll be banned from Canada for 5 years for misrepresentation). You can then expect your PR status to be revoked as well. You can never sponsor your husband and you should never try. He will have to qualify for PR on his own.

Your bigger issue is that you have obtained your own PR status through fraud. To be your mother's dependent, you had to remain unmarried until after landing. Since you got married before landing, you no longer qualified to be part of your mother's application and should not have used your PR visa to land. By using the visa that was issued to you as a single person and by landing and failing to declare that you are married - you have committed fraud and obtained your PR status fraudulently. If IRCC finds out about this fraud, they will most likely move to revoke your PR status. This is why you can never apply to sponsor your husband. Sponsoring your husband will cause IRCC to look at your application and most likely make it very obvious that you obtained your PR status through fraud.

 

[Buletruck]

Keep in mind that by committing fraud, not only your PR status is in jeapardy if IRCC finds out, but your Canadian citizenship can be revoked (at anytime in the future) if the misrepresentation is discovered.

 

[Buletruck]

Avoid anything that involves IRCC and any background checks they do (like sponsoring a spouse).