Got PP stamped for landing but going to home country for getting married..!

[Well Wisher]

Hello everyone,

I need your expert advice on my status.

I am currently in Canada and was working on post graduation work permit since last year. I had applied for PR through AlNP, fortunaley everything worked well, and i got my Passport stamped for making an official landing to become PR. I am going to get married with the girl who is already in Canada and aslo on PGWP (have valid TRV).
And for marriage we have to go back to our home country and our families have already made arrangements for the marriage (scheduled for 20Aug, 2013). My concern is:

1. Should I leave Canada and go to my country to get married and then while entering back I make my official landing, will it make any doubt/difficulties as now i will be married and my status on the original application was single. I think it should not, please correct me if wrong, as my would be wife already have valid PGWP and TRV for her...

2. Because even if I go for landing today/tomorrow I wont be getting my PR card by first week of Aug (as I will be leaving for my country in first week of Aug and marriage is already arranged for 20Aug), So I know it would be impossible for me to get entry in Canada without the PR card.

3. Please suggest what should be the best way to get out of it. Except postponing the marriage. :-\

Thanks everyone for your advice.

WellWisher

 

[scylla]

1. DO NOT DO THIS. Do not get married before you land. If you get married and then land using the visa you have now, then you will NEVER be able to sponsor your wife for PR and you will also be committing misrepresentation by landing as single when you are actually married. Misrepresentation can result in having your PR status revoked.

You have two options:

A) Land and become a PR BEFORE you get married. If you don't have your PR card yet - you can apply for a Travel Document to return to Canada.

B) Get married before you land. Then return your PR visa (WITHOUT USING IT) to the visa office, notify them that you have gotten married and submit all of the paperwork required to add your wife to your application. Once the visa office has reviewed your wife's paperwork and approved her, they will issue a new PR visa for both of you.

Again, whatever you do, do not get married first and then land using the PR visa you have now.

 

[Well Wisher]

Thanks Scylla for the reply,

I was expecting this reply here (1).

But why does it matters in a big sense. When I applied I was single and when I got my PP stamped I was single too... and in the time between landing and PP stamped if some one gets married then is it still a misrepresentation. ? Ohkay lets talk about my case
only. As I said we both are in Canada and she also have valid PGWP and TRV while enetring Canada again, mine is cancelled as they stamped new single entry visa for landing (otherwise I also had valid PGWP and TRV till next year). I am not hiding anything from them (I will be true to POE immigration officer) and its really very hard to get marriage postponed as everything is planned and arrangements have been made by families. I got my PP request too late, more than usual/expected duration else everything would be on track.

For your option A: Even if I go for landing today I wont get my PR card by august, and also If i apply for travel document i wont get it by Aug, I know I'm stuck in between.

For option B: I cant get married here in Canada and I have to go back home for it. And if I leave Canada then to enter I have to use my one time landing visa for it and terming it as landing.

I dont know why they have such wierd rules in this case. To make it better, they should have option in the application to enter expected date for getting married and then they will be aware of the persons intentions/plans.. ???

Please advice if you think there could be exceptions they could make.

Thanks,
WellWisher

 

[zardoz]

You are very fortunate in that you asked before making a terrible mistake. You have been warned of the possible consequences. Take the advice given and make your plans accordingly. In your situation, there is no way that you could win an appeal for an exemption.
Landing and signing the declaration as single, when in fact you are married, counts as making a false statement.

Document Fraud (Misrepresentation)

It is a serious crime to misrepresent yourself by making false statements, or submitting false information or false documents when dealing with CIC.

Document fraud includes both false and altered documents, such as:

passports and travel documents
visas
diplomas, degrees and apprenticeship or trade papers
birth, marriage, final divorce, annulment, separation or death certificates
police certificates
Lying on an application or in an interview with a CIC officer is also fraud and a crime.

The Government of Canada has officers in Canada and overseas who are highly trained to detect fraud.

If you submit false documents or information, your application will be refused. You will also face serious consequences. Depending on the situation, these may include:

no entry into Canada for at least two years
a permanent record of fraud in CIC's database
having your permanent resident status or Canadian citizenship revoked
being charged with a crime or
removal from Canada

Caveat Emptor.

 

[scylla]

Please advice if you think there could be exceptions they could make.

There are no exceptions granted. And as zardoz has said, an appeal will fail. The rules are very clear. The visa you have been issued is for a single person. You can only use it to land if you are still single. Getting married invalidates the visa you have now.

Drive to a US/Canada land border crossing now and land by "flagpoling". Then you will be free to leave Canada and get married because you will have already landed and become a PR.

If you decide to follow your original plans by getting married and then landing using the "single" visa you have now - I can guarantee you that you will be making one of the worst mistakes of your life. The choice is yours.

 

[Well Wisher]

There are no exceptions granted. And as zardoz has said, an appeal will fail. The rules are very clear. The visa you have been issued is for a single person. You can only use it to land if you are still single. Getting married invalidates the visa you have now.

Drive to a US/Canada land border crossing now and land by "flagpoling". Then you will be free to leave Canada and get married because you will have already landed and become a PR.
If you decide to follow your original plans by getting married and then landing using the "single" visa you have now - I can guarantee you that you will be making one of the worst mistakes of your life. The choice is yours.

Thanks Scylla, I am not trying to hide anything from CIC but yes now your words made me clear "then landing using the "single" visa you have now" and I will take extreme care for this.
1. My another concern is as you suggested If i land today by going to nearest border (flagpoling) and did the landing, but I am worried that I wont be able to get my PR card within 40 days from now, it is when I am leaving Canada for my home country. What do you suggest. do you think If I apply for travel document then it will be deleivered to me before the PR card/before my departure. ? what all options do i have once I made my landing today and want to leave Canada in Aug for one month.?

2. And even If I receive PR card once I left Canada can I ask my friend to send my PR card through Xpress post/courier (to my home address in another country where I am going). Is it legal to send PR card through post overseas.? I know you cant send PP but not sure about PR cards.

Please suugest.?

 

[Well Wisher]

Thanks Zardoz for your advice.

But I am not hiding or making any false statements when I am doing my landing. Its like I got my PP stamped yesterday and then I am getting married before making landing. Everything got delayed otherwise I should have received my PP stamped 6 months ago.
I understand it's still not suggested to get married before landing but is it still a misrepresentation.? How can I tell CIC before hand that I'm going to get married on 20Aug, 2013 and then doing landing on 30Aug in order to avoid PR card deleivery hassles.

WellWisher

You are very fortunate in that you asked before making a terrible mistake. You have been warned of the possible consequences. Take the advice given and make your plans accordingly. In your situation, there is no way that you could win an appeal for an exemption.
Landing and signing the declaration as single, when in fact you are married, counts as making a false statement.


Caveat Emptor.

 

[zardoz]

Getting your passport stamped isn't the end of the application process. That final signing when you land is. So, any unreported changes to your status up to the point of that signing IS misrepresentation. You can discuss this as much as you like, but this is Canadian Law.

 

[rajmalhotra7]

Thanks Zardoz for your advice.

But I am not hiding or making any false statements when I am doing my landing. Its like I got my PP stamped yesterday and then I am getting married before making landing. Everything got delayed otherwise I should have received my PP stamped 6 months ago.
I understand it's still not suggested to get married before landing but is it still a misrepresentation.? How can I tell CIC before hand that I'm going to get married on 20Aug, 2013 and then doing landing on 30Aug in order to avoid PR card deleivery hassles.

WellWisher

You are inviting trouble. If you inform CIC that you will get married on Aug 20 amd make landing on Aug 30. CIC will ask you to return visa and they will make a note on your file. Now, if you decide to land first and then go back home to get married.... still you may have trouble because you have already notified of your intentions and they have updated on your file.

Do only one thing - Land ASAP.... and then get married back home.... If you do not get PR card before you leave Canada, there is no problem for you in getting a TD from home embassy. Once PR card is received at your address, you can have your friend courier it to you back home... People do it... and then you can return to Canada with PR card.. no need for you to apply for TD.

Do NOT marry first and then land... you will have your PR revoked for misrepresentation. Yes it is misrepresentation... You would have received a letter along with visa stating that any changes in family should be notified before you land.

Do not tell CIC in advance that you are getting married on Aug 20...

I understand that you are looking for an option that is convenient to you. However, it is a wrong option for you and you'll regret for the rest of your life.

 

[Well Wisher]

You are inviting trouble. If you inform CIC that you will get married on Aug 20 amd make landing on Aug 30. CIC will ask you to return visa and they will make a note on your file. Now, if you decide to land first and then go back home to get married.... still you may have trouble because you have already notified of your intentions and they have updated on your file.

Do only one thing - Land ASAP.... and then get married back home.... If you do not get PR card before you leave Canada, there is no problem for you in getting a TD from home embassy. Once PR card is received at your address, you can have your friend courier it to you back home... People do it... and then you can return to Canada with PR card.. no need for you to apply for TD.

Do NOT marry first and then land... you will have your PR revoked for misrepresentation. Yes it is misrepresentation... You would have received a letter along with visa stating that any changes in family should be notified before you land.

Do not tell CIC in advance that you are getting married on Aug 20...

I understand that you are looking for an option that is convenient to you. However, it is a wrong option for you and you'll regret for the rest of your life.

Thanks Rajmalhotra for the reply,

You best understood my situation.

I think I'm going to follow this. Land ASAP and then I will ask my friend to send my PR card to my Home country address whenever I receive it at my Canadian address. But do you think when I am going to depart flight from here will the immigration officer ask me for my PR card or any other immigration officer will ask for it even at my home country.
I understand that on my returning back I should have PR card but is it also required when flying out or arriving at any other transit airports in between.? Your advice is highly appreciated.

Thanks in Advance.

 

[zardoz]

Not required for exiting Canada. You will be OK for this part of the process. It should not be asked for by any country you are a citizen of.

 

[rajmalhotra7]

But do you think when I am going to depart flight from here will the immigration officer ask me for my PR card or any other immigration officer will ask for it even at my home country.

There is no immigration done when you exit Canada. You get boarding pass from Airline counter and do security check before boarding flight... Everyone will see boarding pass and passport... You do not need PR card for leaving Canada. You can leave Canada with your home country's passport. No issues while you are in transit or entering your home country. However, while returning you need either PR card or TD...

 

[ALM123]

hello guys.
interesting thread.
Now I am in a similar situation i am in canada(post graduate open work permit) and my fiance is back home. I got my PPR request and i have sent the passport for PR visa. But now i am planning to get married back home, so what should i do now.

1. Return the visa (somehow) and tell them my intentions to get married before landing as they asked the same question in the PPR request and then update my application which is in final stages. Do you think i will have to submit a seperate application (complete package) all over again OR just would need to update my current application


2. get the PR and then get married and apply for spousal sponsorship which takes about 32 months from islamabad office pakistan(hectic journey)

 

[Msafiri]

1. All persons issued an immigrant visa must have passed medical and security checks prior to visa issuance.

2. The immigrant visa gets you to a Port of Entry where CBSA verify that your single marital status is the same as at visa issuance and that you have no dependent children (if this was your status at application all the way to immigrant visa issuance). Case law has confirmed that your are not a PR until you are formally landed in country or at a port of entry as the case may be.

3. If you marry prior to landing then you must declare this to CIC so that your spouse can be added to the application and 'examined' i.e. undergo medical and security checks. Your 'single' marital status immigrant visa is invalid and must not be used for landing since you are no longer single.

4. The implication of 3 is that you effectively re-start the immigration process. If you are in a fast processing stream or visa office then its not usually an issue subject to your own medical and security clearances not expiring.

5. Given that you are now a joint application you will either both get an immigrant visa or both get a refusal if one of the applicants fails their medical and/or security clearances. Only way out is to remove your spouse from the application.

6. Removal from the application means they are no longer in the Family Class you may not sponsor them in future.

7. Landing with a change of status that you do not declare is misrepresentation and will lead to inadmissibility and a removal order. Most PRs get busted when they apply for their spouse/ child who is deemed not a member of the Family Class and the misrepresentation comes to light. CIC bounces their application and they appeal to the IAD not knowing the IAD has no jurisdiction to hear sponsorship appeals involving someone who is not a member of the Family Class. They may also not consider any Humanitarian and Compassionate reasons. By this time the lawyer has already made their money eh!

With respect the insistence on 'is there a way round' is typical of someone who has mistakenly married and realizes its late in the day....you have to follow the rules Canada has in place..if you don't like them you can take CIC to court.

 

[Well Wisher]

hello guys.
interesting thread.
Now I am in a similar situation i am in canada(post graduate open work permit) and my fiance is back home. I got my PPR request and i have sent the passport for PR visa. But now i am planning to get married back home, so what should i do now.

1. Return the visa (somehow) and tell them my intentions to get married before landing as they asked the same question in the PPR request and then update my application which is in final stages. Do you think i will have to submit a seperate application (complete package) all over again OR just would need to update my current application


2. get the PR and then get married and apply for spousal sponsorship which takes about 32 months from islamabad office pakistan(hectic journey)

DO NOT GET MARRIED. until your PR process is complete i.e. until you make official landing. If you get married and then do the landing than there are chances for you to not sponsor your spouse forevere.. You are in exactly same position in which I was couple of months ago. Do your official landing first and then wait for PR card, which might take 2 months to get in hand. and then you are free to go back and get married.

Hoep this helps.

Cheers.!