Married before PR Card arrived but never informed now wish to add my spouse

[smartanu1102]

Hi,

I have been a resident of United States (non-immigrant visa) since 2000. I got married in Feb 2009 and got my Canada PR card in June 2010. I never update or informed about change in my marital status to CAN immigration authorities. Hence, I landed as Single (whereas I was married) in their records. Now, we are planning to move to Canada shortly and intend to add/sponsor my legally wed spouse to Canada PR application. I have following questions:

1. Will there be any issue/questions raised why I did not inform authorities about change in my marital status at the time of landing or during the process?

2. Will it impact my Canada PR status if later authorities get to know that I didn't inform about my marital status?

Thank you in advance to answer my queries and clarifying my doubts.

Best regards,

 

[fernendez]

Technically speaking you have lied about your status to CHC so you stand the chance of loosing your PR because you failed you disclose your real marital status during the immigration process. Also, you stand the risk of not been able to sponsor your wife as you never declared her as a family member during the process.

 

[Love_Young]

Technically speaking you have lied about your status to CHC so you stand the chance of loosing your PR because you failed you disclose your real marital status during the immigration process. Also, you stand the risk of not been able to sponsor your wife as you never declared her as a family member during the process.

fernendez: They don't just stand the risk of not being able to sponsor their wife they just won't be able to period. That is why they ask when you land to declare and make sure all the information is correct so you had the ability to change that. I just can't understand why people don't claim they are married when they land...

 

[canadianwoman]

1. Will there be any issue/questions raised why I did not inform authorities about change in my marital status at the time of landing or during the process?

2. Will it impact my Canada PR status if later authorities get to know that I didn't inform about my marital status?

You won't be able to sponsor her.
Why did you declare you were single when you landed? I can see why someone might not realize they have to tell CIC when they get married, but at landing they specifically ask you and it is on the form you sign. So why say you are single then?

 

[fernendez]

Love_Young, i did not want to be too blunt.
I wonder why people don't read guidelines or conceal information.

 

[CharlieD10]

There is no technicality about it. He misrepresented his circumstances by lying about his marital status. Section 40 of IRPA clearly states:

Misrepresentation

40. (1) A permanent resident or a foreign national is inadmissible for misrepresentation

(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

Failing to report the change in his marital status before landing means:

1) He can NEVER sponsor his wife, as she was undeclared and unexamined at the time of his landing. No exceptions are made to this.

2) He can be reported for misrepresentation and subject to proceedings that strip him of his PR status and ban him from Canada for two years.

There is no point in trying to soften the answer, it is what it is.

 

[fernendez]

CharlieD10, his main option is to leave it as it is until he acquires his Citizenship or else like you said he can lose his PR!

 

[CharlieD10]

Even if he becomes a citizen, he cannot sponsor his wife. That will not change.

 

[jamaicanincanada]

CharlieD is right, he will not be able to sponsor her even when he becomes a citizen because they got married before he was landed and she was unexamined as a member of the family class!

 

[fernendez]

In simple line, the choices you make today afters you later in life. If they find out, he will lose the PR status.

 

[RobsLuv]

If your wife wants to immigrate to Canada, she will have to do it under one of the independent streams.

 

[smartanu1102]

Thanks every one for your input... I understood the problem but she was not willing to get her added to my ongoing PR process. I asked her several times but she was not interested then. Hence I didn't want to get my ongoing petition to be delayed because she was not interested to be added as a family application.
Any suggestion/advice to sort it out will be greatly appreciated.

Thanks,

 

[fernendez]

Smart, the situation is simple as she did not want to be included in the application at the initial stage she now has to live with the effects for life.

Like someone suggested, if she is skilled enough, she can apply for her own FSW visa.
You are in a very tight situation now.

 

[medellinguy]

I wouldn't like to be living your situation, but my initial thinking is, as she will probably be never be able to follow you to Canada, you have a couple options:

1) Leave Canada and stay with her in your home country
2) Make her try to classify in a skilled worker visa
3) Divorce her and move on with your life in Canada

I think the best answer would be number 3. I know it will be painful but if yo do not plan to go back to your home country, you better move on and start a new life, because you will NEVER be able to sponsor her.

my 2 cents

 

[scylla]

Thanks every one for your input... I understood the problem but she was not willing to get her added to my ongoing PR process. I asked her several times but she was not interested then. Hence I didn't want to get my ongoing petition to be delayed because she was not interested to be added as a family application.
Any suggestion/advice to sort it out will be greatly appreciated.

Thanks,

You can never sponsor her.

If you want to live in Canada together, then as Robsluv recommended, you should start investigating how she can qualify to immigrate independently (e.g. skilled worker).