MARRIAGE BEFORE PPR/IMMEDIATELY AFTER RECEIVING PPR!!PLS READ AND LETS DISCUSS

[fernendez]

I found this in another thread by ASWJ, please read and act wisely.

October 30, 2010, 04:38:28
My Dear Friends,

My application to sponsor my family has been rejected and the reason provided is that I failed to inform the visa office that I was married or I was about to get married during my immigration application processing or at the time of landing.

Actually this is contrary to the truth. I got my medical papers in May 2007 and I got married in July 2007. At the time of submitting my medical papers and the landing fee I did inform the visa office through a letter that I was going to get married. Also, at the time of landing (which was December 2007) I am 100% sure I told the guy that I was married. In fact, I had a very bad experience at the time of landing. Due to some strange reasons, the guy who took my papers was very rude to me and did not talk properly. I was very upset with his behaviour as this was my first experience in my adopted country. But nevertheless, I forgot about it very soon as rest of the people I came across after landing were very nice and helpful. But I guess, that bad experience at the time of landing has come to haunt me again and that incident flashed back in my mind as it it happened yesterday after reading CPC rejection letter of my family sponsorship.

I NEED QUICK ADVISE FROM ALL MY FRIENDS AND WELL WISHERS as to what shall I do now resolve this issue. I will below quote the actual content of the CPC letter:
"According to our records you did not declare your dependent at the time you submitted your application for permanent residence nor was she declared at the port of entry when you were granted permanent resident status in Canada. Consequently she does not appear to be a member of the family class". unquote.

As per the letter they will be sending their recommendation to the visa office soon, (letter is dated 12th Oct, visa office is New Delhi).

Please advice urgently. Thanks....!!

 

[PMM]

Hi

I found this in another thread by ASWJ, please read and act wisely.

October 30, 2010, 04:38:28
My Dear Friends,

My application to sponsor my family has been rejected and the reason provided is that I failed to inform the visa office that I was married or I was about to get married during my immigration application processing or at the time of landing.

Actually this is contrary to the truth. I got my medical papers in May 2007 and I got married in July 2007. At the time of submitting my medical papers and the landing fee I did inform the visa office through a letter that I was going to get married. Also, at the time of landing (which was December 2007) I am 100% sure I told the guy that I was married. In fact, I had a very bad experience at the time of landing. Due to some strange reasons, the guy who took my papers was very rude to me and did not talk properly. I was very upset with his behaviour as this was my first experience in my adopted country. But nevertheless, I forgot about it very soon as rest of the people I came across after landing were very nice and helpful. But I guess, that bad experience at the time of landing has come to haunt me again and that incident flashed back in my mind as it it happened yesterday after reading CPC rejection letter of my family sponsorship.

I NEED QUICK ADVISE FROM ALL MY FRIENDS AND WELL WISHERS as to what shall I do now resolve this issue. I will below quote the actual content of the CPC letter:
"According to our records you did not declare your dependent at the time you submitted your application for permanent residence nor was she declared at the port of entry when you were granted permanent resident status in Canada. Consequently she does not appear to be a member of the family class". unquote.

As per the letter they will be sending their recommendation to the visa office soon, (letter is dated 12th Oct, visa office is New Delhi).

Please advice urgently. Thanks....!!

99.99% that your spouse will receive a refusal letter, as s/he wasn't examined and therefor is not a member of the family class. You will be given appeal rights, but will lose since s/he is not a member of the family class there are no appeal rights. Your only hope is to submit an application under Sec. 25 Humanitarian and Compassionate.

 

[Benjamin Sapkota]

it is really scarry if the family member is denied sponsorship.............
friends i am also planning to get married after i get visa............. will i face the similar situation or not........

what is ur opinion....?????

 

[Baloo]

You will if you do not declare the person.

"According to our records you did not declare your dependent at the time you submitted your application for permanent residence nor was she declared at the port of entry when you were granted permanent resident status in Canada. Consequently she does not appear to be a member of the family class"

 

[fernendez]

If the marriage is after you getting your PR Card, i do not see any problem. People can get married anytime but i think if you marry before receiving it, there might be problems.

 

[fernendez]

PPM, i beg to differ with your position because this is subject to interpretation. Refer to point 4 below to see my reasons. We are only discussing issues so don't take it personal. As stated on CIC website:

Relationships that are not eligible

You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if:

(1)you are under 16 years of age
(2)you (or your sponsor) were married to someone else at the time of your marriage
(3)you have lived apart from your sponsor for at least one year and either you (or your sponsor) are the common-law or conjugal partner of another person
(4)your sponsor immigrated to Canada and, at the time they applied for permanent residence, you were a family member who should have been examined to see if you met immigration requirements, but you were not examined or
(5)your sponsor previously sponsored another spouse, common-law partner or conjugal partner, and three years have not passed since that person became a permanent resident.

 

[Baloo]

But getting married just after landing will raise a few red flags.

 

[Baloo]

(4)your sponsor immigrated to Canada and, at the time they applied for permanent residence, you were a family member who should have been examined to see if you met immigration requirements, but you were not examined or

I think that is quite clear, how else can you interpret it?

 

[fernendez]

Baloo, i think the interpretation is that if you were married before getting your PR and did not declare it then you might not be eligible to sponsor your spouse but if your marriage is after landing, there should be no problem. PPM must have answer have only looked at the option of marrying and not declaring it but not married after PR which is what i am talking about.

Se omo naija ni baloo ni?

 

[Benjamin Sapkota]

If the marriage is after you getting your PR Card, i do not see any problem. People can get married anytime but i think if you marry before receiving it, there might be problems.

hi fernendez,
i got ur points........... u mean, first land get pr card come back and get married...................this is the safest means...........
what if i get engaged before i fly........?????

regards,
benjamin

 

[fernendez]

I want to believe Engagement does not have any effect on sponsorship as they do not require any proof of engagement. As regards marriage,one can decide to marry at anytime. The only thing is that the marriage must not be before the issuance of PR card because if it is, the eligibility for sponsorship will be eroded. Another thing is that one needs to proof that it is a genuine relationship by providing emails, letters and pictures just to mention a few not forgetting any other relevant documentations. I am sure a lot of people are waiting for their PPR and landing before getting married. What if one meets once spouse during the application and you do not have any intension of settling down until after landing which is fair enough.

 

[qorax]

Re: MARRIAGE BEFORE PPR/IMMEDIATELY AFTER RECEIVING PPR!!PLS READ AND LETS DISCU

@fernendez

PMM is absolutely right.
In your original "quoted" post u have stated that the protagonist had got married before he landed, sans the spouse's processing & meds.

Ref:
"Actually this is contrary to the truth. I got my medical papers in May 2007 and I got married in July 2007."

Thus, it was a case of misrepresentation of personal facts... So, the spouse cannot be granted family sponsorship under the FC.

It's another matter that the protagonist could apply for the new bride's case processing - before he obtained his PRV. Waited for her Meds, paid the fees & sent both their pps together for PRV stamping. Then all would have been hanky-dory.

However, that he didn't do so... & chose to land alone - as a bachelor... That marriage (before landing) is non-committal. His PR file shows to be & closes as a singular case. There r different codes for approved PRs (in our COPRs) based on the no. of family members.

Qorax

Ps.: U can't be married & move your case as a bachelor (single applicant) - that's against the IRPA.

 

[fernendez]

@Qorax,

I am not saying PPM is wrong. The point i was making is he did not get the point i was driving at and like both of you guys have pointed out that marriage in the case above is really misrepresentation but if one gets married after landing and getting PR card, there should be no problem. Thumbs up to yourself and PPM

 

[qorax]

Re: MARRIAGE BEFORE PPR/IMMEDIATELY AFTER RECEIVING PPR!!PLS READ AND LETS DISCU

hi fernendez,
i got ur points........... u mean, first land get pr card come back and get married...................this is the safest means...........
what if i get engaged before i fly........?????

regards,
benjamin

PR cards & marriage/s have nothing to do with each other.

The question here is to show the genuineness of the marriage. It'd usually be seen adversely if the landed immigrant applies for a FC application within few months of entry into Canada. Yes, situations could be such that the guy lands & imdtly his parents call him over for a proposal. But, the western world would view it as dubious - and it'd be tough to prove otherwise. Besides, even if one does prove the genuineness of this marriage (with any & many supporting docs), it'd yet take additional time to fetch the approval.

A wise decision would be to remain in Canada at least for 6-8 months before the landed PR takes the plunge - the marriage one I mean! That'd make his life lot simpler.

Qorax

 

[fernendez]

How do you then show the realness of the marriage?