Spousal Sponsorship-person who has been removed as family member from PR process

[cnd_grl]

I would like to apply for spousal sponsorship for my husband but my case is a little complicated. My husband and I have been dating since 2008 and we have been married since 2013. I came to Canada to study just after I got engaged in Dec 2011, worked here for a year on a work permit and later applied for PR through Canadian Experience Class in April, 2014. At the time, I had included my husband as an accompanying family member. However, half way through the PR process, my husband and I started having some marital issues and it got so serious that it reached a point of us thinking about divorce. I finally informed CIC about the change in my marital status as "separated" (as we weren't even talking to each other) in 2015 before my RPRF request was made.

We started talking again in 2015 and realized that distance was the issue and that we still loved each other. We finally met in Jan, 2016 and talked openly about everything and decided to work this marriage. I would like the two of us to be in the same place and so I would like to sponsor him to Canada.

Questions:
(a) Will I be able to sponsor my spouse to Canada now through Family Class Sponsorship even though I had requested to remove him as a family member during my PR process (as we were separated at that time)?
(b) Is there any way I can inform the govt about my change in marital status other than changing my status on the CRA website?

 

[ImABule]

I would like to apply for spousal sponsorship for my husband but my case is a little complicated. My husband and I have been dating since 2008 and we have been married since 2013. I came to Canada to study just after I got engaged in Dec 2011, worked here for a year on a work permit and later applied for PR through Canadian Experience Class in April, 2014. At the time, I had included my husband as an accompanying family member. However, half way through the PR process, my husband and I started having some marital issues and it got so serious that it reached a point of us thinking about divorce. I finally informed CIC about the change in my marital status as "separated" (as we weren't even talking to each other) in 2015 before my RPRF request was made.

We started talking again in 2015 and realized that distance was the issue and that we still loved each other. We finally met in Jan, 2016 and talked openly about everything and decided to work this marriage. I would like the two of us to be in the same place and so I would like to sponsor him to Canada.

Questions:
(a) Will I be able to sponsor my spouse to Canada now through Family Class Sponsorship even though I had requested to remove him as a family member during my PR process (as we were separated at that time)?
(b) Is there any way I can inform the govt about my change in marital status other than changing my status on the CRA website?

1. I am no expert, but you did not misrepresent your marital status, because you did what was required and updated CIC to say that you were separated. Therefore I believe if you were to update again with CIC that your marriage has been reconciled you should be able to sponsor your spouse as a member of the family class.

That being said they may scrutinize your application more closely given the information they have about your separation so it may be a good idea to gather proof of your rehabilitated marriage before attempting to apply.

2. I would notify CIC directly to the change in your marital status then also update your CRA account online as well.

Good luck.

 

[Alurra71]

I would like to apply for spousal sponsorship for my husband but my case is a little complicated. My husband and I have been dating since 2008 and we have been married since 2013. I came to Canada to study just after I got engaged in Dec 2011, worked here for a year on a work permit and later applied for PR through Canadian Experience Class in April, 2014. At the time, I had included my husband as an accompanying family member. However, half way through the PR process, my husband and I started having some marital issues and it got so serious that it reached a point of us thinking about divorce. I finally informed CIC about the change in my marital status as "separated" (as we weren't even talking to each other) in 2015 before my RPRF request was made.

We started talking again in 2015 and realized that distance was the issue and that we still loved each other. We finally met in Jan, 2016 and talked openly about everything and decided to work this marriage. I would like the two of us to be in the same place and so I would like to sponsor him to Canada.

Questions:
(a) Will I be able to sponsor my spouse to Canada now through Family Class Sponsorship even though I had requested to remove him as a family member during my PR process (as we were separated at that time)?
(b) Is there any way I can inform the govt about my change in marital status other than changing my status on the CRA website?

I guess that would all depend on where in the previous application he was removed. Was he medically/criminally examined and you had him removed prior to landing? If he was, then you MIGHT have a case to fight to be able to sponsor him.

If he was not medically/criminally examined prior and you removed him from being a member of the family class then it is highly unlikely that you'll now be able to state that he is again a member and sponsor him.

If I were you, I would check into the other immigration streams as well to see if he qualifies independently.

I would wait and see what others have to say, obviously, but that would be my understanding. Good luck.

 

[Rob_TO]

I would like to apply for spousal sponsorship for my husband but my case is a little complicated. My husband and I have been dating since 2008 and we have been married since 2013. I came to Canada to study just after I got engaged in Dec 2011, worked here for a year on a work permit and later applied for PR through Canadian Experience Class in April, 2014. At the time, I had included my husband as an accompanying family member. However, half way through the PR process, my husband and I started having some marital issues and it got so serious that it reached a point of us thinking about divorce. I finally informed CIC about the change in my marital status as "separated" (as we weren't even talking to each other) in 2015 before my RPRF request was made.

We started talking again in 2015 and realized that distance was the issue and that we still loved each other. We finally met in Jan, 2016 and talked openly about everything and decided to work this marriage. I would like the two of us to be in the same place and so I would like to sponsor him to Canada.

Questions:
(a) Will I be able to sponsor my spouse to Canada now through Family Class Sponsorship even though I had requested to remove him as a family member during my PR process (as we were separated at that time)?
(b) Is there any way I can inform the govt about my change in marital status other than changing my status on the CRA website?

If you were not legally divorced when you removed him from the application, then most likely he is barred forever to be sponsored by you under family class.

It most likely won't matter to CIC that you were separated during this time. This would present an easy loophole to people to not declare spouses under the guise of being separated, only to suddenly get together again and sponsor them after becoming PR. While your case may be a perfectly honest situation, I don't think CIC will allow it in general.

I would research past cases of this if you can, and possible consult a good immigration lawyer to see if they have seen cases like this before. As mentioned, he may be better off trying to qualify to immigrate independently under an economic stream.