New to process

[Leshatesha]

Hello every one,
I have recently joined this forum as I feel no one around me understands what I am going through. My boyfriend was recently detained and issued a removal order from Canada due to an overstay. He left June 30.

Here is the catch he had a marriage of convenience in 2005. When he came to Canada in 2011, he admitted to immigration it was a marriage of convenience. From what I understand he did not return to the immigration centre for fuehrer questioning that resulted in a warrant being issued. He was detained and bail was rejected. According to the immigration officer, he has a removal order and can not return to Canada before a year without permission.

He was in the process of regularizing himself when all of this happened. His divorce will be finalized on July 19. The plan prior to all of this happening was to get married in November. (To mark our 1 year anniversary) He is adamant we wait until January to demonstrate that we have been together for cover 1 year. I just wanted to know if this would make difference or complicate the sponsorship process if we got married in November?

 

[zardoz]

As there have been "issues" in the past, CIC will almost certainly go through your whole application with a fine toothed comb, looking for anything that is wrong with it or your relationship.

You will need to be able to demonstrate that the relationship is 100% above board and not a repeat of previous events.
On a somewhat cynical note, are YOU sure it's 100% genuine. Now is the time to be asking unpleasant and searching questions of both him and yourself, not after you have committed to three years of sponsorship.

When you get married is unlikely to make ANY difference to the level of scrutiny that your application is likely to encounter.

I wish you luck...

 

[scylla]

I agree with zardoz. The fact your husband had a previous marriage of convenience and used this MOC to try to gain PR status in Canada (and then overstayed on top of that) is going to GREATLY complicate your file. Expect very long processing times. Expect that he will have to attend an interview to prove your relationship is genunine. Include as much supporting documentation in your application as your can to support your relationship - you're going to need it. Frankly, I wouldn't be entirely surprised if your application is refused and you have to try to win on appeal.

If there is any way you can move to your husband's coutry for a year or even six months, live there together for a while and only then apply to sponsor him - I would do that.

 

[Leshatesha]

Thank you for your insight. I am prepared for the scrutinity. I plan on moving to jamaica for my maternity leave. I am 5 weeks pregnant. I will be hiring a lawyer to assist with the sponsorship application

 

[wella13]

I agree with zardoz. The fact your husband had a previous marriage of convenience and used this MOC to try to gain PR status in Canada (and then overstayed on top of that) is going to GREATLY complicate your file. Expect very long processing times. Expect that he will have to attend an interview to prove your relationship is genunine. Include as much supporting documentation in your application as your can to support your relationship - you're going to need it. Frankly, I wouldn't be entirely surprised if your application is refused and you have to try to win on appeal.

If there is any way you can move to your husband's coutry for a year or even six months, live there together for a while and only then apply to sponsor him - I would do that.

helo scylla, can i join here...I just want to ask who is entitle to have that marriage of convenience the one sponsor or the applicant..what if the sponsored person left the sponsor after a couple of months of being together in canada then obtain a divorce there,,, and then find a new spouse.. is she or he can still sponsor his/her spouse....

 

[scylla]

helo scylla, can i join here...I just want to ask who is entitle to have that marriage of convenience the one sponsor or the applicant..what if the sponsored person left the sponsor after a couple of months of being together in canada then obtain a divorce there,,, and then find a new spouse.. is she or he can still sponsor his/her spouse....

He or she can certainly sponsor their spouse - however they must wait until five years after they have landed to submit the sponsorship application. In other words, they cannot sponsor their spouse until five years have passed since the date they landed.

And to answer your first question - no one is entitled to have a marriage of convenience (MOC). MOCs are illegal.

 

[wella13]

He or she can certainly sponsor their spouse - however they must wait until five years after they have landed to submit the sponsorship application. In other words, they cannot sponsor their spouse until five years have passed since the date they landed.

And to answer your first question - no one is entitled to have a marriage of convenience (MOC). MOCs are illegal.

 

[wella13]

He or she can certainly sponsor their spouse - however they must wait until five years after they have landed to submit the sponsorship application. In other words, they cannot sponsor their spouse until five years have passed since the date they landed.

And to answer your first question - no one is entitled to have a marriage of convenience (MOC). MOCs are illegal.

ah ok..so what marriage convenience really is?..was the situation i was posted earlier is considered as MOC...

 

[zardoz]

See CICs web page on this.. http://www.cic.gc.ca/english/information/protection/fraud/marriage.asp

It is a crime for foreign nationals to marry Canadian citizens or permanent residents only to gain entry into Canada. Citizenship and Immigration Canada (CIC) is working to prevent these fraudulent marriages.

In many cases, sponsors and foreign applicants arrange a “marriage of convenience”: a marriage or common-law relationship where the sole purpose is for the sponsored spouse to immigrate to Canada.

CIC officers are specially trained to recognize genuine immigration applications, and they know how to detect marriages of convenience. They use several methods to uncover marriage fraud, including document checks, site visits and interviews with sponsors and applicants. Canadian citizens or permanent residents found to be part of a marriage of convenience for immigration purposes may be charged with a crime.

The term "marriage of convenience" can cover MANY different aspects, such as for political linking of countries (very common in the middle of the last millennium). However, for immigration purposes, CIC only is concerned with the more limited view quoted above. See http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf for the procedures that CIC use to determine what they consider to be a "relationship of convenience" and how they respond to it. There is also an opposing concept called a "dissolution of convenience" where a relationship is declared as NOT being in existence.

 

[wella13]

See CICs web page on this.. http://www.cic.gc.ca/english/information/protection/fraud/marriage.asp

The term "marriage of convenience" can cover MANY different aspects, such as for political linking of countries (very common in the middle of the last millennium). However, for immigration purposes, CIC only is concerned with the more limited view quoted above. See http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf for the procedures that CIC use to determine what they consider to be a "relationship of convenience" and how they respond to it. There is also an opposing concept called a "dissolution of convenience" where a relationship is declared as NOT being in existence.

thanks for this info zardoz

 

[DADDYS GIRL]

Thank you for your insight. I am prepared for the scrutinity. I plan on moving to jamaica for my maternity leave. I am 5 weeks pregnant. I will be hiring a lawyer to assist with the sponsorship application

Congrats on your pregnancy. You should join the Kingston, Jamaica thread. There are a few individuals with similar situations that may help you answer some of your questions.