Got marriage before immigration

[uandtahir]

Dear All,

i had applied for immigration to 2008 and got married to 2011. in 2012 CHC asked me to fill again immigration application and that time i again mentioned that i am unmarried because i understood that i have to fill application as per my initial application. i got immigration on September 2012 and got my PR card as well.

The problem is that, in CIC i am still unmarried but i real i am married. i want to sponsor my wife.

Can anybody please advise me what i have to do to start immigration process of my wife.

Regards,

 

[MilesAway]

You cannot sponsor your wife because you declared yourself as single.

She will have to apply to immigrate on her own.

Edit: If you do try to sponsor her, you draw attention to your own lies, and put your PR status in jeopardy. CIC asked you to fill in updated forms, and they specifically ask you to update them if anything changes (getting married is definitely considered a change), but you denied the existence of your wife, so unfortunately, you are not able to sponsor her.

 

[frege]

Unfortunately, it's very likely you won't be able to sponsor her.

See the following page about this rule:

http://ccrweb.ca/documents/excludedfam.pdf

She will probably have to immigrate independently. Another alternative is for you to renounce your PR and apply as a couple.

 

[frege]

After further checking, I see that you might not be able to renounce your PR that easily. You would probably need to live outside Canada for three years.

 

[PMM]

Hi

After further checking, I see that you might not be able to renounce your PR that easily.

So if she can't immigrate independently, you could leave the country for 2.5 years, return to Canada and work for a year, and then leave Canada in order to lose your PR after another 6 months outside the country. Then you could probably re-apply as a couple under CEC/PEQ. You should check this with a lawyer, though.

CEC won't fly, he would be working for 2 years in Canada as a PR, which isn't going to count.

 

[frege]

Hi


CEC won't fly, he would be working for 2 years in Canada as a PR, which isn't going to count.

I see that now. I've changed my post accordingly.

That would leave the skilled worker category.

PMM, are there any provincial nominee programs that would be suitable? I've had a closer look at the PEQ and it wouldn't work.

 

[micmac101]

Oh my goodness you lied and they may refuse your whole application on those grounds!!
When they asked to reapply you should have put her down as your wife and then they may have considered your application. BUT and that's the big word you LIED on the new application and therefor they will never accept this. She could apply on her behalf but its harder now that you are married. I think you better contact them and say you got married and reapply as a couple but even so they do not like it at all that you lied when you reapplied your in for a very hard time and because of that you may be refused altogether I pray that Allah helps you in this matter!! In Sha Allah

 

[Dimshin]

If you guys don't have kids you might re-marry her and change your status as married.

 

[frege]

If you guys don't have kids you might re-marry her and change your status as married.

That won't work. They were married when he became a PR, so he can't sponsor her.

 

[user828]

Asking this from knowledge perspective

This is not the first time I am reading this type of thread, it's either some one forgot, didn't realize or in most cases deliberately didn't include the wife. Now, can someone tell me what is the fuss about? if you do include wife in updated docs? does it simply delay the app or chance of refusal

Secondly
If this marriage wasn't registered, something done in a pvt ceremony and considering its Pakistan, paperwork/registration can be changed with bribe ( I am sure everyone know that these things are very common in tha part of the world ) - can't the person remarry and sponsor the wife ( in effect showing that it's the first marriage ) - I know this is all lie but I am sure it happens all the time, just want to know if people go get away with this

 

[keesio]

This is not the first time I am reading this type of thread, it's either some one forgot, didn't realize or in most cases deliberately didn't include the wife. Now, can someone tell me what is the fuss about? if you do include wife in updated docs? does it simply delay the app or chance of refusal

I think it has to do with applicants who have family/dependents with various health issues (and would normally be denied permanent residency to Canada if they tried to come on their own because of the burden to the health care system) and those dependents want to find a way to come to Canada for health care so the applicant has plans to sponsor them to Canada after they themselves get their PR since family class applicants cannot be denied entry because of health reasons. Since CIC is aware that people do this, they want the medicals of all family members of the applicant. And people who are trying to get PR is fearful that the medicals of these family members may raise red flags for his/her PR application so that person hides these family members to CIC to avoid this. Then once they get their PR, they are set and then they want to sponsor the family member with the health issues and they can't be denied. Basically people exposing a loophole and CIC closes the loophole with a very strict rule - you fail to mention them, then they can never come. This seems overly harsh to me. I understand closing the loophole but if they are focused on the health care issue then I'd say for family members who were not disclosed to CIC, if they are being sponsored, then they have a special condition where they can be denied PR on health issues alone even if they are being sponsored. I think that is reasonable if indeed they were omitted because of an honest mistake and they have no health issues.

Now the above is what I once read somewhere on some forum. I don't know if it is indeed hard fact. If I am wrong, someone please correct me.

 

[Isometry]

I always figured it was to prevent people from trying to sponsor unrelated people as "family" after they had landed, possibly for money. This sort of thing:

:-[ This is, uh... my daughter! Yeah, my daughter.
8) She's 17, why wasn't she your daughter a year ago?
:-[ ... I forgot?
8) Nope.

I think the health care issue that you mention maybe just kind of got caught up in that.

This is my guess, I don't have anything official backing it up.

 

[MilesAway]

Some people also do this because it can slow down processing when you add a spouse or child in the middle of another application. In other cases, it means that they wouldn't meet certain criteria (minimum funds, points, etc) so they opt not to include them, and then want to sponsor them as soon as they have their PR status.

 

[CharlieD10]

I think it has to do with applicants who have family/dependents with various health issues (and would normally be denied permanent residency to Canada if they tried to come on their own because of the burden to the health care system) and those dependents want to find a way to come to Canada for health care so the applicant has plans to sponsor them to Canada after they themselves get their PR since family class applicants cannot be denied entry because of health reasons. Since CIC is aware that people do this, they want the medicals of all family members of the applicant. And people who are trying to get PR is fearful that the medicals of these family members may raise red flags for his/her PR application so that person hides these family members to CIC to avoid this. Then once they get their PR, they are set and then they want to sponsor the family member with the health issues and they can't be denied. Basically people exposing a loophole and CIC closes the loophole with a very strict rule - you fail to mention them, then they can never come. This seems overly harsh to me. I understand closing the loophole but if they are focused on the health care issue then I'd say for family members who were not disclosed to CIC, if they are being sponsored, then they have a special condition where they can be denied PR on health issues alone even if they are being sponsored. I think that is reasonable if indeed they were omitted because of an honest mistake and they have no health issues.

Now the above is what I once read somewhere on some forum. I don't know if it is indeed hard fact. If I am wrong, someone please correct me.

Section 117 (9) (d) is about a little more than the health care issue. The point of the that particular Regulation is to prevent undisclosed family members from being sponsored later on, as failing to disclose family members closes off an avenue of investigation into the bona fides of the application of the first person, and that is not their decision to make. Only a CIC officer has the right to decide whether a family member warrants investigation on any ground during the examination of any applicant. Applicants cannot take that decision unto themselves without serious backlash.

The Act place a duty of full disclosure on all applicants (see Section 16), and CIC expects and demands total compliance. By failing to advise CIC of the existence of a family member, you prevent the officer processing your application from fully assessing your own admissibility to Canada, and if an officer is not convinced of your admissibility, or is convinced that you are admissible when he is not in possession of all the facts, you place the immigration process in jeopardy, either for yourself or for others you may later wish to sponsor.

While it may seem harsh, it is a way of ensuring compliance when it comes to disclosure. It is unfortunate the number of times people run afoul of that particular section, knowingly and unknowingly. If you search CanLII's case files, you will find that when it comes to Immigration Appeal cases, Section 117 (9) (d) is very rarely over-turned.

 

[chickenkiev]

Section 117 (9) (d) is very rarely over-turned.

GOOD!! +1 for CIC
Sick of being the sucker nation to the world.