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Question for intelligent minds

profiler

VIP Member
Aug 10, 2016
9,456
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Category........
Visa Office......
CPC-Mississauga
Job Offer........
Pre-Assessed..
App. Filed.......
02-MAR-2016
AOR Received.
13-MAY-2016
IELTS Request
Upfront
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Upfront; Passed
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Waived
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05-MAY-2017
ronaldo7 said:
Sorry for the confusion there buddy. I meant relationship before marriage here. In India the bride and the groom don't have a relation before the marriage which creates a lot of confusion for western countries(No offenses here).

This is just my opinion but I think they need to make sure that the marriage is not a mechanism for people to get easy permanent residences. If you can prove that you knew the girl/boy before the marriage itself and loved each other. Then marriage is just a piece of document for them.
Yes they investigate to ensure that the relationship (marriage, common-law, conjugal) between partners is genuine. They will take cues from your culture and what is considered common in India. Whatever is way outside of cultural norms they will looks closer at...
 

Skitz

Star Member
Mar 31, 2016
184
4
Category........
Visa Office......
NDVO
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Pre-Assessed..
App. Filed.......
27/06/2016
AOR Received.
19/07/2016
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23/08/2016
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None
Passport Req..
DM 22nd Jan/ PPR 23rd Jan 2017
VISA ISSUED...
PPR sent 25th Jan/Jan 31st
ronaldo7 said:
Hi Everyone,

I got married traditionally last December and I didn't register the marriage in India. I landed in Canada and didn't declare my marriage. Legally I am not married in India till now as there have been no court registration for the marriage. I know that I have made a mistake. I want to bring my wife to Canada. I can go back to India and get married again and get it registered. But I have heard that we need to supply pictures of the marriage as well the honeymoon tickets and other documents to prove the marriage. For my background, I know my wife since collage. We have a lot of conversations and mails before I came to Canada. Do I still need to supply the marriage pictures and stuff?

I know I am asking for much here. Can anyone guide me as what are my best options.

In a summary this is my situation:

1. Yes, I am in Canada Currently. I Landed last month.
2. I didn't declare my marriage while the processing and after landing.
3. I have not registered my marriage in any courts around the world so no background check would come across.
The Hindu marriage act is considered legal and binding in India in the eyes of local law which is accepted in Canada if I am correct (any marriage contract that is considered legal and binding in the country of origin). Not sure how registration plays into it or if that is automatic when Hindu marriage rites are performed. For whatever it's worth, I don't understand why you didn't declare yourself married when you landed and save yourself this trouble - it is a form of misrepresentation any way you look at it.

Regardless of how you go about it and whatever advice you're getting here - be cautious! At the end of the day, there are a lot of reasons why couples take so long to get their visas processed in India especially those who follow the law and present genuine cases. I don't know your reasons for what you did and I hope you have good ones to why you did what you did, but if found out during the background checks (which are much more than just checking court registrations and can include home and community visits - few people have had this happen to them including poison pen letters sent to tip off CIC etc). It only means you become another statistical data point for them to claim this country indulges in fraudulent means to get access to Canada and your case becomes tougher in the appeals process.
 

Ponga

VIP Member
Oct 22, 2013
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Had you ever lived with your [not] wife under the same roof, anywhere in the world before you landed as a PR?
 

chhapa

Hero Member
Oct 4, 2015
388
4
Visa Office......
NDVO
App. Filed.......
27-08-2015
AOR Received.
15-10-2015
File Transfer...
06-11-2015
Interview........
November
LANDED..........
02-05-2017
Skitz said:
The Hindu marriage act is considered legal and binding in India in the eyes of local law which is accepted in Canada if I am correct (any marriage contract that is considered legal and binding in the country of origin). Not sure how registration plays into it or if that is automatic when Hindu marriage rites are performed. For whatever it's worth, I don't understand why you didn't declare yourself married when you landed and save yourself this trouble - it is a form of misrepresentation any way you look at it.

Regardless of how you go about it and whatever advice you're getting here - be cautious! At the end of the day, there are a lot of reasons why couples take so long to get their visas processed in India especially those who follow the law and present genuine cases. I don't know your reasons for what you did and I hope you have good ones to why you did what you did, but if found out during the background checks (which are much more than just checking court registrations and can include home and community visits - few people have had this happen to them including poison pen letters sent to tip off CIC etc). It only means you become another statistical data point for them to claim this country indulges in fraudulent means to get access to Canada and your case becomes tougher in the appeals process.
you are right, i dnt understand he is making simple thing so complex.
you should have added ur wife in ur PR application (it may had delayed it).
Good Luck!!
 

ronaldo7

Full Member
Sep 20, 2015
20
1
Ponga said:
Had you ever lived with your [not] wife under the same roof, anywhere in the world before you landed as a PR?
Yes, but it was under 3 months. But again there is not proof of that either, as we were working in different cities.
 

canadianwoman

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Nov 6, 2009
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Accra, Ghana
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30-01-2008
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05-05-2009
ronaldo7 said:
I meant relationship before marriage here. In India the bride and the groom don't have a relation before the marriage which creates a lot of confusion for western countries(No offenses here).
This may create confusion in some areas, but it is not something that bothers CIC. In fact, CIC is perfectly willing to accept a traditional arranged marriage from India. However, when they do so, they then expect to see evidence that all of the traditional ceremonies have been done, and that all of the traditional practices have been followed. Lots of spousal sponsorships from India (and other countries with arranged marriages) have had problems because they did not have elaborate weddings and did not follow all the traditions.

It does not sound like you had an arranged marriage, since you knew your wife for 7 years. Therefore you should provide plenty of evidence of the development of the relationship. In the context of a love match, then a court wedding makes sense. You should still take photos and make it look special.

And CIC does take the Hindu Act into account.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
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Visa Office......
London
App. Filed.......
06/12
From what I recall of similar cases, your marriage is legal in India as per the Hindu Marriage Act. As it is legally recognized by India, it is legally recognized by Canada.

This would mean that you were legally married when you landed as single, which means big trouble.
 

ronaldo7

Full Member
Sep 20, 2015
20
1
canuck_in_uk said:
From what I recall of similar cases, your marriage is legal in India as per the Hindu Marriage Act. As it is legally recognized by India, it is legally recognized by Canada.

This would mean that you were legally married when you landed as single, which means big trouble.
The Hindu Act is made to save women from desertion so that men cannot divorce them without legal proceedings not for getting visas. You still have to register the marriage for your government to let them know you are married before even applying for a visa. There is no way a background check will come true as to weather I am married or not until unless either my wife or her parents come forward with it.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
ronaldo7 said:
The Hindu Act is made to save women from desertion so that men cannot divorce them without legal proceedings not for getting visas. You still have to register the marriage for your government to let them know you are married before even applying for a visa. There is no way a background check will come true as to weather I am married or not until unless either my wife or her parents come forward with it.
Regardless, India considers you legally married. You wouldn't have lived with her in India otherwise. Legally recognized in India, legally recognized in Canada.

You already committed misrepresentation on your own app, so I'm guessing you have no compunctions about doing the same on a sponsorship app.
 

Aujla8

Star Member
Jan 29, 2017
114
13
ronaldo7 said:
The Hindu Act is made to save women from desertion so that men cannot divorce them without legal proceedings not for getting visas. You still have to register the marriage for your government to let them know you are married before even applying for a visa. There is no way a background check will come true as to weather I am married or not until unless either my wife or her parents come forward with it.
it is clearly States in document checklist from India that they only need marriage certificate from registrar of marriages.so u r fine. in India also the rules changed to be have valid marriage the religious marriage should be registered with registrar of marriages.this is applicable the marriages who performed in 2012 or after that.Canada do not recognize your temple / traditional/religion marriage as a valid one without registration.the people who don't include their registered marriage certificate in their packages they get their package back.one of my friend he did the same thing and when he applied for his wife he clearly states everything that on landing time his marriage wasn't legal.actually when he was about to land on border he said to the border agent about his religious wedding .the border agent asked him do u have legal marriage certificate back from India.he said no.he said how come you cosidered as married.then he said u r probably a common law category if u stayed with your partner a year or more than a year.he said he only stayed Dr for 4 months.then he said you have only 2 options as you are not legally married u can land as a single which you are actually. and if you want to sponsor ur partner right now go back to your home Country register ur marriage.and your copr will be cancelled .add your partner to your application. so he choose the first option to land.
 

Aujla8

Star Member
Jan 29, 2017
114
13
Aujla8 said:
it is clearly States in document checklist from India that they only need marriage certificate from registrar of marriages.so u r fine. in India also the rules changed to be have valid marriage the religious marriage should be registered with registrar of marriages.this is applicable the marriages who performed in 2012 or after that.Canada do not recognize your temple / traditional/religion marriage as a valid one without registration.the people who don't include their registered marriage certificate in their packages they get their package back.one of my friend he did the same thing and when he applied for his wife he clearly states everything that on landing time his marriage wasn't legal.actually when he was about to land on border he said to the border agent about his religious wedding .the border agent asked him do u have legal marriage certificate back from India.he said no.he said how come you cosidered as married.then he said u r probably a common law category if u stayed with your partner a year or more than a year.he said he only stayed Dr for 4 months.then he said you have only 2 options as you are not legally married u can land as a single which you are actually. and if you want to sponsor ur partner right now go back to your home Country register ur marriage.and your copr will be cancelled .add your partner to your application. so he choose the first option to land.
itz a new clause under Hindu marriage act 1955 that marriage should be registered to resolve the future matters of property,pention benefits etc.it actually favours the women's.so guys please read everything before u give suggestions to others .
 

carolbb23

VIP Member
Jun 24, 2016
3,565
406
toronto
Category........
FAM
Visa Office......
mississauga
App. Filed.......
15\12\2015
Doc's Request.
already did for applications
Nomination.....
n/a
AOR Received.
15/01/2016
IELTS Request
n/a
File Transfer...
10/03/2017
Med's Request
n/a
Med's Done....
02/11/2015
Interview........
thank god no interview
Passport Req..
n/a
VISA ISSUED...
28/04/2017
LANDED..........
28/04/2017
canuck_in_uk said:
Regardless, India considers you legally married. You wouldn't have lived with her in India otherwise. Legally recognized in India, legally recognized in Canada.

You already committed misrepresentation on your own app, so I'm guessing you have no compunctions about doing the same on a sponsorship app.




exactlyI was going to say the same thing if there is red flags and if they did interview and cic has ways of breaking people when it comês to.interview plus people like you make it hard for legit couples who doing sponsorship
 

OhCanada77

Star Member
Oct 18, 2015
53
4
England
Category........
Job Offer........
Pre-Assessed..
They will ask when you met etc.. so I am foreseeing possible issues for you. It slightly baffles me why and how people can lie on such an important issue
 

carolbb23

VIP Member
Jun 24, 2016
3,565
406
toronto
Category........
FAM
Visa Office......
mississauga
App. Filed.......
15\12\2015
Doc's Request.
already did for applications
Nomination.....
n/a
AOR Received.
15/01/2016
IELTS Request
n/a
File Transfer...
10/03/2017
Med's Request
n/a
Med's Done....
02/11/2015
Interview........
thank god no interview
Passport Req..
n/a
VISA ISSUED...
28/04/2017
LANDED..........
28/04/2017
OhCanada77 said:
They will ask when you met etc.. so I am foreseeing possible issues for you. It slightly baffles me why and how people can lie on such an important issue



plus cic is trained that they can unrevealed your story before you know it that is why never underestimate cic and ircc