Sponsor Spouse

[Suu]

Hello there,

Greetings!

I just encountered this site while exploring for options related to my concern and this seems to be the best to answer my query. So, the Issue is me and my boyfriend were on Work Permit in Canada, he applied for his PR via Express Entry as Single in November. We went for a vacation to India December, and in january he got his passport request while we were in india. So, he submitted his passport at the nearest VFS office and got pr stamp within a week. Since, his grandparent was very ill, he insisted him to get married soon. Due to inavident circumstances, we had to get get married according to indian rituals, but we didnt get time to register our marriage there, since I had the commitment at my workplace in Canada to return at some date. We hardly had a day after our rituals in India, before we returned to Canada. So, while Landing the officer signed his paper, my boyfriend did inform the officer about the marriage and the situation and also that it wasn’t registered. But he said its okay if it wasn’t registerd, you can inform CIC whenever you get time. So we tried calling CIC but the number is always busy. So we emailed them about this and asked them about registering it here and my sponsorship. They explained about types of sponsorship amd where can we check about registeration. They didn’t mention anything about failire to inform or so.
I am getting concerned by looking into such type of cases that ‘WILL THIS BE CALLED MISREPRESENTATION AS WELL?’

1) Can my husband still sponsor me? I hope there are no issues in his PR.
If we go back to India and register our marriage now, will that be fine? Will it cause any issue?
Or

2) Shall I file my own PR using Express Entry? I am eligible for that as well.

Which is the most safest option?

 

[Rob_TO]

If the marriage wasn't registered, then it sounds like it was just a big ceremony but not legal. So you are not married.

Before he landed had you lived together for 1 continuous year at any time?

 

[Suu]

Yes, it was just a big ceremony of Indian rituals. So we thought we can get married legally here. But when we went to get marriage license here on Ontario (they asked were you married before). We said it wss just indian rituals but not registered. She said if it was a cermony and aomebody announced you as husband n wife then it is marriage and you will be considered as fraud if you try to re-marry. So we thought that we should register our marriage in India instead now and bring our marriage certificate from there.

So, we were many friends living at the same place. So our addresses were same, but we were not in live in or common law relationship.

 

[Rob_TO]

Yes, it was just a big ceremony of Indian rituals. So we thought we can get married legally here. But when we went to get marriage license here on Ontario (they asked were you married before). We said it wss just indian rituals but not registered. She said if it was a cermony and aomebody announced you as husband n wife then it is marriage and you will be considered as fraud if you try to re-marry. So we thought that we should register our marriage in India instead now and bring our marriage certificate from there.

So, we were many friends living at the same place. So our addresses were same, but we were not in live in or common law relationship.

You need to figure out for certain, since if you were classified as married that would indeed be misrepresentation and a permanent ban for him to ever sponsor you. I assume the deciding factor will be eventual date that is stamped on your marriage certificate, if it's before or after the PR landing.

You can't "register a marriage" here in Canada. There is no such process. You would need to get married from scratch in Canada, completely independent from what happened in India. I would assume if no marriage certificate or registration in India that means you're not married... but I guess the person you talked to thinks otherwise. You could try again talking to someone else.

Living at the same address may also present huge complications. Doesn't matter if it was shared with others, simply sharing the same address for 1 consecutive year, while a dating couple, may cause IRCC to declare that you were common-law and should not have landed as single.

If possible, you may want to see if you can immigrate independently through express entry and a spousal app under family class may lead to many problems.

 

[Suu]

So, yes I am thinking to apply independently now for Express Entry since I have enoufh piints. But now the question is:

- Shall I show my status as Married on Express Entry profile?

- if yes, then would I need to attach my Marriage Certificate? What if we go and get our older marriage registered in India and get marriage certificate? The marriage certificate would still show older date of marriage but registration date (before landing) would be for now. Will it still cause any issue for my individual express entry profile?

- shall we re-marry in Canada? We’ve got Marriage License to marry here though. But would it cause any issue if they find out that we got married in india religiously and are marrying again here for registration?

Can you please suggest best course of action to proceed pleaseeee. I am exhausted as it sermed to be simple but there are so mamy conplicacies

 

[Rob_TO]

So, yes I am thinking to apply independently now for Express Entry since I have enoufh piints. But now the question is:

- Shall I show my status as Married on Express Entry profile?

- if yes, then would I need to attach my Marriage Certificate? What if we go and get our older marriage registered in India and get marriage certificate? The marriage certificate would still show older date of marriage but registration date (before landing) would be for now. Will it still cause any issue for my individual express entry profile?

- shall we re-marry in Canada? We’ve got Marriage License to marry here though. But would it cause any issue if they find out that we got married in india religiously and are marrying again here for registration?

Can you please suggest best course of action to proceed pleaseeee. I am exhausted as it sermed to be simple but there are so mamy conplicacies

I don't know enough about the legal marriage process in India, to say for certain if you are legally married or not for immigration purposes or to get married in Canada.

Hopefully someone more familiar with the India marriage process can respond.