hiding a gay marriage to the canadian immigration visa office

[greatlebguy]

Hello All,

I have a very special case and I would appreciate any assistance in this regard.

We are a married gay couple and I recently got my immigration visa to Canada. But during the process I did note mention that I am married to a same-sex partner because first I was not sure that I will get the Immigration as the whole process was effected through a lawyer to whom I was unable to declare that I am gay and married because being gay is legally forbidden in my country and I can go to jail because of any same-sex relationship.

Now we are both looking to immigrate to Canada and start a new life together... But in the final papers, I have received today (24/09/2010) the CIC mentioned that I am unable to sponsor in the future any family member I did not mention in my application so far.

I am short of time as I just got the Immigration Visa and the Instructions and Information in which they mention this clause and the visa is only valid till end of November 2010 .

I would appreciate receiving any information or assistance in this regards.

Thank you in advance.

 

[adzees]

Canada only recognize same-sex marriage under following rule:

You can apply to sponsor your same-sex partner as a spouse if:

* you are a Canadian citizen and permanent resident and
* you were married in Canada and issued a marriage certificate by a Canadian province or territory on or after the following dates:
o British Columbia (on or after July 8, 2003)
o Manitoba (on or after September 16, 2004)
o New Brunswick (on or after July 4, 2005)
o Newfoundland and Labrador (on or after December 21, 2004)
o Nova Scotia (on or after September 24, 2004)
o Ontario (on or after June 10, 2003)
o Quebec (on or after March 19, 2004)
o Saskatchewan (on or after November 5, 2004)
o Yukon (on or after July 14, 2004)
o all other provinces or territories (on or after July 20, 2005).

This condition applies to you, but since your already mentioned same-sex marriages are not recognized in your country. Then Canada will not accept it either.

If you were married outside Canada, you may apply to sponsor your same-sex partner as a spouse as long as the marriage is legally recognized according to both the law of the place where the marriage occurred and under Canadian law. This applies to same-sex marriages performed in the following jurisdictions:

* Belgium
* the Netherlands
* Norway
* South Africa
* Spain
* Sweden
* the State of California (June 16, 2008 – November 5, 2008)
* the State of Massachusetts
* the State of New Hampshire
* the State of Connecticut
* the State of Iowa
* the State of Vermont (effective September 1, 2009)

 

[YorkFactory]

How are you married if it's illegal in your country? My understanding is that if the marriage was legal in the country where it took place, as well as in Canada, then your spouse is a spouse for Canadian immigration purposes.

More importantly, it is definitely the case that if someone was a family member and wasn't declared to CIC and examined accordingly, they are no longer a member of the family class and you cannot sponsor them for PR in the future.

 

[dair2dv8103100]

He also asked some questions in another thread and it mentions that he was married in Spain...I will post the link and if you so desire you can check there for more info... ;D

http://www.canadavisa.com/canada-immigration-discussion-board/sponsoring-my-spouse-whom-i-didnt-mention-when-i-became-a-permanent-resident-t24581.0.html

 

[greatlebguy]

Dear All,

Thank you for your prompt replies.

I am a Lebanese guy and my partner is Spanish. The wedding took place in Spain last year and it is genuine as in Spain the gay marriage is legal. That's why I kept hiding it because I was unable to neither provide any legal document from my country nor reveal the truth to my lawyer and ruin up my life. Because in case my application was refused I would have definitely lose my job and my social life.

Besides I did not know about this clause till now when I got the final papers where it was clearly mentioned … We are looking forward to move together and start a new life, but if I will keep hiding it, I won’t be able to sponsor my partner in the future

I am very worried and sad about this issue, and I am afraid in case I will return the visa and the Confirmation of Permanent Residence card and reveal my real marital status with a letter explaining the real reasons behind my decision to hide the marriage issue to have serious problems regarding my application and loose this opportunity.

I would appreciate receiving any information or assistance regarding the following main points:

If I send a letter now explaining the situation would the Immigration Visa Office cancel my application? Or they would re-process it based on the new information? How long would they take to assess my partner's application? And what will happen in case my application is accepted and his application is refused, knowing that he doesn't have any major reasons for refusing his application like criminal record or any medical problems.

Thank you.

 

[MD2B]

It would help to say where you guys are from, and in what country you married. I would then be able to offer you some more informed advice. ;D

 

[greatlebguy]

I am Lebanese and my partner is Spanish and the wedding took place in Spain.

 

[bobshynoswife]

I am worried for you...

If you return the visa now and try to add your partner, it is still a risky situation. Canadians will be okay with this, but it is not only Canadians who work at the visa office, there will be local staff there too, and I am worried someone may try to deny you or worse report you to authorities.

I know when you land you must declare any changes in family...what happens if you land in Canada and declare at the border? Sortof like a 'refugee declaration', explaining that you could not be truthful because of dire consequences in your home country.

I think you need some help here, and my best suggestion is for you to call a Canadian Immigration Lawyer. Pay them some money for an hour of their time over the phone to get their advice.

Especially since you didn't know these conditions until you received your visa - I am so glad you read the paperwork so you know that you have to fix this situation before landing.

 

[confusednscared]

@ Bob, I don't necessarily agree that he will be at risk if he tells his VO. Even though there may be local engaged staff working at the CHC, I still think they need to abide by the laws set out by Canada. That being said, if he mentions to the CHC his situation I am not too sure how they will handle it but I agree that it's good he's realized his mistake earlier.

I am speaking from some experience here because I married my partner in Canada (gay, of course) and I had to come back to my home land which is completely homophobic to wait out the processing. Canada does not share a person's immigration or personal information with another party unless, I am guessing here, it has to deal with a high end criminal activity to which only they will grant a PCC. No one in authority has come to know of my marriage to my partner (knock on wood for this). I have gone to the CHC for my interview and only the IO has access to my file. The local staff does handle inquiries but pass it on to the IO for final decisions. I think too that they have to sign an oath to abide by rules of confidentiality. Even if they knew as a local that XXX person is gay and is married, they know they will lose their job with the Government of Canada for letting this information out to authorities because how else would the local authorities come to know of this?

However, I must add that when working through legal documents such as PP, PCC, licenses, etc, I have to lie about my marital status and indicate SINGLE because then they ask for further details pertaining to marriage.

I guess in a nutshell, he doesn't have to hide 100% from Cdn authorities about his sexuality and gay marriage but he should take caution when it comes to the local authorities in his homeland regarding legal proceedings.

These are all just my thoughts from my gay experience living in a society that is 200% homophobic that if I one gets caught they can face life in prison or immediate execution by law

 

[lynw]

I don't have any answers but just want to say I feel for you, having to face up to such ignorance and prejudice. It's the 21st century, how much longer is it going to take? Huge sigh and big hugs for you.

 

[giggles1985]

Through what class did you get permanent resident status?

If you listed no spouse when you do have one, this could definately be considered a misrepresentation. You might be able to get around it with a lawyer and the reasoning that it wasnt legal in your country of residence and that's why you didn't list it??

 

[toby]

This is no time for speculation.

I take it that you have your PR, but your partner has not, and you want to sponsor his later? That process will take some time.

If I were you I'd consult with an immigration lawyer, to sort out your options.

He may be able to get you "off the hook" for not declaring your marriage in your PR application, since to do so might have been dangerous in Lebanon. I would not want to rely on the discretion of employees in the Canadian Visa Office in Lebanon; what if someone spoke out of turn? He/she might lose his job, but you could suffer a far worse fate. This alone might be justification in Canada's eyes for your not declaring your marriage.

Or, the lawyer might advise you to say nothing, let your partner apply for PR on his own, and then you marry again in Canada. He could advise you whether this would be fraudulent or not. After all, all would be OK if you both had obtained PR independently, then married. The only difference here is that you married first, in Spain. Not a substantive difference to Canada, I'd imagine, but it's best to check with a lawyer.

 

[Siouxie]

If you have received your visa or your request for passport but have not yet "landed" as a permanant resident, you can add your spouse.

http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf section 6:2

Family members can be added to the application at any time during the process, including after the visa is issued but prior to obtaining permanent resident status. Applicants should be counselled to inform the visa office immediately if their family composition has changed. Please see OP 2 Section 7.7 for more information on adding a family member during processing.

To include adopted children, spouses, or common-law partners as accompanying family members, R4 requires that the relationship must be genuine and not one entered into primarily for immigration purposes.

If family members are added to the application, they must be examined, not be inadmissible and meet the requirements of the Act, before the principal applicant can become a permanent resident.

[ http://www.cic.gc.ca/english//resources/manuals/op/op02-eng.pdf

7.7. What to do if a family member is added to an application during processing?
New family members must be added and non-accompanying family members can become accompanying family members on an application of a person applying in the family class during the processing of an application. There may be occasions when a child is born to an applicant subsequent to the issuance of the visa but prior to obtaining permanent resident status. In these cases, it may not be necessary to create a new file and start processing all over again. All that is needed is to have the child added to the sponsorship, the processing fee paid and a medical examination done. See the CAIPS user guide for how to proceed in these cases. ]


http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.pdf is the form you would fill out to add your spouse.

Basically, you notify them that you are married, they pull back the visa you have been issued and then your spouse undergoes the medical and police checks... provided everything is in order they will issue you with a new visa. However, you are going to have to prove that your relationship is genuine particularly as you didn't declare them at the time of marriage. I believe if you can explain to them why (i.e. it being illegal where you reside) and that you feared for your safety if it was revealed locally that they may understand there were mitigating circumstances. You could also lodge an application for Humanitarian grounds at the same time as your application for your spouse.

I would suggest getting rid of your immigration lawyer / consultant now and ensuring that you lodge your withdrawal of consent to him representing you straight away before anything further is sent from immigration. Use this form http://www.cic.gc.ca/english/pdf/kits/forms/IMM5476E.PDF to cancel the representative filling in A,C and E.

As to your concerns about the local officer passing on the information to the local authorities, you could try contacting one of the Canadian members of staff at the Canadian Embassy directly to explain the situation.

The Beirut website: http://www.canadainternational.gc.ca/lebanon-liban/visas/index.aspx?lang=eng&menu_id=3&menu=L

The Beirut office personnel list with their phone numbers: http://w01.international.gc.ca/cra-rce/Mission.aspx?lang=eng&mid=771

If all else fails, you could try contacting the immigration office in Canada and ask them what to do and your concerns.

Hope that helps a little.

 

[BeShoo]

If you enter Canada without declaring your spouse, it will be too late. You will never be able to sponsor him as a family member in the future. You need to make sure of the rules, but I think according to the information just posted, it is not too late yet to declare him.

I have seen lots of appeals cases and undeclared spouses practically never get admitted as family members, even on appeal. I think your main recourse in that situation would be to try to get him in on "humanitarian and compassionate" grounds, but you don't want to go that route. There would be a significant risk of being turned down.

I don't quite know the right thing to do but I think you have to declare him right away and you need to get a lawyer who can talk to you about this.

 

[chelley]

If you haven't already landed, you can add him on... Obviously you are concerned for the same consequences but is it possible for you visit your partner in Spain and continue the application from there?

Just a thought...