***MARITAL STATUS CHAGE AND NEW LAW TRICKY SITUATION PLS HELP

[chef_cm]

Dear sir,
My staus in the website is """ We received your application for permanent residence on February 27, 2012.

We started processing your application on April 18, 2012.

Medical results have been received.

A decision has been made on your application. The office will contact you concerning this decision."""


I got my PR Visa in the month of september'2012
It expires on 5th june'2013

I got married on February 14th 2013
I got my marriage certificate on 4th march'2013

I sent notarized copies of my wife's passport,copr, visa stamped page in my passport, marriage photo, marriage invitation
to the delhi high commission , which reached on 18th march 2013

I also sent a mail , fax to the delhi high commission to inform them about my change in marital status
But i havent recieved any reply yet

i havent send my copr to VO

Now the new ammendment in fsw says noc 6242 cooks have been removed
if i sent my updated application with my wifes documents and the fees with the copr, what will happen
now my pr expires on june 5th....even if they send my wife's pr after june .....will it be valid....or
WHAT SHOULD I DO PLS HELP

 

[Pippin]

I will bump you back to the top again. LATE ENTRY: I was wrong in thinking you should land before the expiry of your visa in June. Am glad you have been given the benefit of Scylla, Leon and other's knowledge.

 

[scylla]

I will bump you back to the top again. I would think you should land before the expiry of your visa in June, but I am not an expert so hopefully you will get some more responses.

The PR visa he has now is no longer valid because it was issued to him when he was single and he is now married.

He must add his wife to the application before he lands. He has no other choice. He should complete all of the forms to add his wife to his existing application and send them to the VO as soon as he can. Once the VO has processed his wife's forms and also completed other necessary checks (background / security, medical), a new visa will be issued for both he and his wife.

If he fails to add his wife to the application and lands on the visa he has now, two things will happen:

1) He will never be able to sponsor his wife to Canada.
2) He will be committing misrepresentation (lying about his status by landing as a single person when he is actually married). If CIC finds out about this misrepresentation they have the right to revoke his PR status.

 

[mmajid282]

The PR visa he has now is no longer valid because it was issued to him when he was single and he is now married.

He must add his wife to the application before he lands. He has no other choice. He should complete all of the forms to add his wife to his existing application and send them to the VO as soon as he can. Once the VO has processed his wife's forms and also completed other necessary checks (background / security, medical), a new visa will be issued for both he and his wife.

If he fails to add his wife to the application and lands on the visa he has now, two things will happen:

1) He will never be able to sponsor his wife to Canada.
2) He will be committing misrepresentation (lying about his status by landing as a single person when he is actually married). If CIC finds out about this misrepresentation they have the right to revoke his PR status.

his visa was issued in september 2012, and he got married in feb 2013 so how is that mis-representation???? i fail to understand the logic behind it.

your visa has been issued and you must land before it expires and then sponsor your wife. if still in doubt then consult with an immigration lawyer, but this is the only way. you were only supposed to inform chc if you were married before your visa was issued!!

 

[zardoz]

It doesn't work like that. If your status changes before you land, you must declare it and accept that the process will have to be partially repeated. Anything else will lead to trouble.

 

[scylla]

his visa was issued in september 2012, and he got married in feb 2013 so how is that mis-representation???? i fail to understand the logic behind it.

your visa has been issued and you must land before it expires and then sponsor your wife. if still in doubt then consult with an immigration lawyer, but this is the only way. you were only supposed to inform chc if you were married before your visa was issued!!

You're dead wrong. When people do as you've suggested - it ruins lives.

When the visa is issued to you the accompanying letter specifically states that you must contact the visa office if there are any changes to your family composition before you land. When you land, the visa officer also asks if there have been any changes to your family composition. If there have been any changes to your family composition (e.g. you got married) then you cannot land on the visa that was issued to you when you were single. If you decide to land anyway and don't inform CIC/the visa officer about your marriage - then you're committing misrepresentation and will never be able to sponsor your spouse. The rule is extremely black and white.

Once every few months, we have someone new join the Family Sponosorship section of the forum who has failed to take the proper steps to notify the VO that they were married after their PR visa was issued - and landed using the "single" visa. At that point it's too late to fix anything. The damage has been done. The spouse can never be sponsored. And their own PR status is in danger of being revoked by CIC.

 

[Leon]

his visa was issued in september 2012, and he got married in feb 2013 so how is that mis-representation???? i fail to understand the logic behind it.

your visa has been issued and you must land before it expires and then sponsor your wife. if still in doubt then consult with an immigration lawyer, but this is the only way. you were only supposed to inform chc if you were married before your visa was issued!!

You fail to understand the logic but immigration operates by their rules, not your rules.

The rules are like this: If there is any change in your family composition like getting married, having a new baby etc. you are obligated to let immigration know about it. If you are married, you are obligated to include your spouse, either as accompanying or not accompanying. Same with dependent children. Having added a person to your family unit before landing as a PR renders your PR visa invalid and you are obligated to send it back and apply to add the new family member to your application.

If he does what you suggest and lands on his visa that he got as a single person, he will be committing misrepresentation because he is landing on a single visa when he is really married. In fact he is denying his wife. He will be allowed to land if they believe he is still single but when he tries to sponsor his wife later, they will find out he was already married when he landed. This will cause him to never be able to sponsor his wife and possible lose his PR because he did not tell them about her.

If he were to try to land but tell immigration he is married at the time he lands, they will most likely cancel his PR visa and tell him to apply again. This happened to another person who posted on this forum.

You can read about misrepresentation and not declaring relatives in OP2, here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf For example section 5.10

 

[amikety]

his visa was issued in september 2012, and he got married in feb 2013 so how is that mis-representation???? i fail to understand the logic behind it.

your visa has been issued and you must land before it expires and then sponsor your wife. if still in doubt then consult with an immigration lawyer, but this is the only way. you were only supposed to inform chc if you were married before your visa was issued!!

Upon landing - when you officially gain legal status in Canada - the IO will pull out IMM 5669 and verify all information is current and accurate. You must swear to the IO it is accurate and sign the form at landing. This would be reassuring the IO you are still single as indicated on the form.

If you have been married between mailing in the form and landing, obviously the form is no longer accurate.

It's that simple.

 

[chef_cm]

Thanx guys got it...even the lawyer asked me to include my spouse and update my application with the current status. now iam done with documenting .....i have a doubt being a pr holder should i pay that application fees for me and my wife both again or only for my wife.(ie..550cad or 1100cad)
pls reply asap brothers

 

[SenoritaBella]

You will pay fees for your wife only, so $550(application fee) + 490(right of permanent residence fee). You can pay the $490 upfront or wait for the visa office to request.