Inadmissible because i didn't update marital status

[khaledgawwad]

Dear all,

I need your advice and insight here. i tried to land yesterday at Toronto, however they rendered me inadmissible when i told them i was married in Nov 2011 ago where i got my visa in Feb 2012 however i didn't update my marital status. I didn't do this intentionally or with bad intent i just thought i can add her anytime later specially as she is not coming with me now.

The visa officer told me i have to go back and update my information and she sent a letter to Canadian embassy in Egypt.

My questions are?

1. will my application be cancelled because i didn't update marital status and came to land?

2. my visa will expire on 15th of July, so will have only 1 and half month to update my file and do medical examination, what if i couldn't
make it before expiry time, will my COPR be cancelled?

3. will they reprocess my application all again from the beginning, meaning i will have to see if my occupation is on list and if my
application is received before cap has been reached?

4. will i be ever allowed to apply again?

5. i also now changed my address to be in Saudi Arabia, so which visa office will follow my file?

I'm really stressed and worried, so i will be more than grateful if you could answer my questions as soon as possible.

Best Regards,
Khaled

 

[scylla]

1. Based on what you were told by immigration, you are being given a chance to correct your error. So no - it does not sound like your application has been canceled. You should try to submit the required paperwork asap to ensure they keep your file open.

2. Your COPR is no longer valid since it was issued under the understanding that you are single. You must return your passport/corp to the VO along with all of the paperwork required to add your spouse. Once they have reviewed your spouse's forms (including police certificates, medical, etc.) you will be issued a new CORP.

3. No - they should only reprocess the paperwork to add your spouse (not from the beginning).

4. n/a

5. Your VO will still be Egypt.

 

[Leon]

Because you were truthful and said you had married when they asked, they seem to be giving you a chance to add your spouse.

Actually, what happens when you get married while waiting for your application is that you become obligated to add your spouse to the application immediately, just like if you had been married when you applied. You can list your spouse as accompanying or not accompanying but they still need medicals and background checks.

They usually ask you when they do your passport request if there are any changes in your family composition, marriage, new baby etc. If there are, you are advised not to send your passport in but update your file to add the new family member. Maybe you missed that part when you sent in your passport or maybe they missed asking you that, I don't know.

If you had gotten in without them becoming aware that you had gotten married and then had tried to sponsor your spouse later, you would have been unable to because of this. You could even have lost your own PR because of that so you should be happy that they caught your mistake.

 

[khaledgawwad]

Dear Leon and Scylla:

first of all thank you for your reply.

I hope that you can help me out with your advice regarding the reply i got from Cairo VO after i tried to update my file, here's their response:

"Dear Sir,

This refers to your application for permanent residence in Canada.

Please be advised that your case has been reviewed by the Immigration Program Manager and you will be required to submit a new application for permanent residence.
Kindly be advised that your cheque is ready to be picked up from the embassy via prepaid courier."

So now i consulted an immigration lawyer and he told me i have to appeal to Federal court and otherwise Canda may never be in my future.

Plzzzz in neeed your help :'(

 

[scylla]

It looks like CIC has refused your application because you attempted to land on your single visa although you were married.

You can either re-apply (if you still qualify) or appeal through the Federal court. You'll need a lawyer to appeal and you should expect it to cost $3K to $5K (and there's no guarantee the appeal will be successful).

 

[Leon]

So it sounds like Cairo had already closed your file. You will just have to apply again. Note that this is not an uncommon mistake by new immigrants but if you read the small print, when they request your passport, they tell you that any changes in your family composition, you must inform them of.

A visa given to a single person becomes invalid if they marry before they land or if a child is born to them. If this happens, they must tell the visa office beforehand and add the new family member to their application. A family member not added can never be sponsored. If you had entered Canada and not told them you were married and then had tried to sponsor your wife, they would not have allowed the sponsorship and possibly revoked your PR due to misrepresentation.

 

[khaledgawwad]

my concern is does what happened with me will lead to my application being refused in the future as one lawyer told me that.
also do you think it would be wise to appeal to federal court.

It looks like CIC has refused your application because you attempted to land on your single visa although you were married.

You can either re-apply (if you still qualify) or appeal through the Federal court. You'll need a lawyer to appeal and you should expect it to cost $3K to $5K (and there's no guarantee the appeal will be successful).

 

[khaledgawwad]

yes i understand i made a mistake and i am now paying the price with my file closed but now all i want is to be given a chance to reapply. however, i am confused about my current status; that's am i gonna be disqualified for life and am i permenantly inadmisdible.

So it sounds like Cairo had already closed your file. You will just have to apply again. Note that this is not an uncommon mistake by new immigrants but if you read the small print, when they request your passport, they tell you that any changes in your family composition, you must inform them of.

A visa given to a single person becomes invalid if they marry before they land or if a child is born to them. If this happens, they must tell the visa office beforehand and add the new family member to their application. A family member not added can never be sponsored. If you had entered Canada and not told them you were married and then had tried to sponsor your wife, they would not have allowed the sponsorship and possibly revoked your PR due to misrepresentation.

 

[scylla]

my concern is does what happened with me will lead to my application being refused in the future as one lawyer told me that.
also do you think it would be wise to appeal to federal court.

I can't answer your first question.

For your second question, I think your chances of succeeding under appeal are very low. You clearly tried to land on a single visa when you were actually married. There's really no way you can argue that something different happened.

 

[Leon]

As long as you explain that is was an honest mistake and you were not trying to deceive immigration, I do not think it will affect a future PR application.