spouse visa

[binal17]

Hi my name is binal krunal patel. My husband got his PR in march 2012 while he was in india nd after dat we got married in april 2012 nd he went back to canada in may 2012. When he landed in canada with his PR he forgot to inform d visa office as well as d airport dat after gettin his PR he got married to me. After dat he also hored a lawyer in canada to change his marital status in visa office but d lawyer cheated him nd did not do nething about it. We filed my spouse visa file in february 2013 after waitin for nearly 9 months for d status to change. But un fortunately it did not change. Now after 1 year from d date we filed d application delhi ambassy office is not accepting me as my husband's wife just becos we dint change d status. Dey have given me the time period of 30 days.
Now can pls ull suggest me wat should i do further.
How can i explain dem the truth.
Pls if nebody can help me.

 

[scylla]

Because your husband landed using a visa that said he was single, he can never sponsor you for PR.

If you wish to immigrate to Canada, then you should start investigating how you can immigrate independently (without the help of your husband - for example, as a skilled worker).

Unfortunately it is too late to explain anything. Once your husband got married, he should have returned his PR visa, let CIC know that he was now married and added you to his application. CIC would have then processed your paperwork and issued a new PR visa for both of you. Because your husband did not to this but instead landed using the PR visa that said he was unmarried, he can never sponsor you.

 

[binal17]

Seriously...is der no way now....if we now change d status nd inform dem dat we have changed d status.....will dat work??

 

[zardoz]

No. Your husband lied when he landed as a PR in Canada. He didn't tell them he was no longer single. CIC take this VERY seriously and could even revoke his PR. There is almost nothing that you or a lawyer can do now.

Subsection 16(1) of the Immigration and Refugee Protection Act states that a person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce all relevant evidence and documents that the officer reasonably requires.

Subsection 117(9)(d) of the Immigration and Refugee Protection Regulations, states that, a foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if, subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

Exception

(10) Subject to subsection (11), paragraph (9)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.

Sorry...

There is only one thing that would make you eligible to be sponsored. Your husband would have to renounce his PR status and start the whole application all over from the very beginning. You would then be added to HIS new application for PR. This might work....

 

[binal17]

No...he dint lie...it was just dat he dint knew about dis rule..it was just lack of his knowledge about dis rule..but later when he came to know about dis rule he hired a lawyrr tried to do so in regina. But the lawyer dint do nething nd he nly suggested us to file d spousal application. And we did wat that lawyer said...we even have dat lawyers details of fees paid to him nd hos call records as a proof.
It is not our fault....nd moreover for ur information when my husband got hos pr he was in india...he filed hos pr application from india nly...he waited in india for his pr India for six months and the time wen he got his pr he was single...we married after he got hos pr..

 

[Rob_TO]

My husband got his PR in march 2012 while he was in india nd after dat we got married in april 2012 nd he went back to canada in may 2012. When he landed in canada with his PR he forgot to inform d visa office as well as d airport dat after gettin his PR he got married to me.

So just to confirm, your husband received COPR/visa is March 2012, you got married in April 2012, and then he did his first offiicial landing as PR to Canada in May 2012. When he did the landing, you were actually married, is that correct?

If so, then as others mentioned you can now never be sponsored from family class. It states very clearly on the COPR documents it is for a "single" person, and that you need to inform CIC if marital status has changed. Him "forgetting" to mention it, is not an excuse. Had he told them he was now married, they would have denied his PR at landing. You would have to be added to his application, and gone through full medical exam, and you would need to have gotten PR together as married couple.

Also because he has now committed misrepresentation, CIC will learn he landed as single when he was in fact married, and could make moves to revoke his own PR status. Although this might not happen. But at the very least, you will need to find your own way to immigrate to Canada if you want a life with your husband here. Else he will need to give up his PR status, and start again with you included.

There are no ways around this, and most likely no lawyer can help you. Forgetting or not knowing about a rule, is not acceptable as an excuse to CIC.

 

[tarina]

It is unfortunate in your side, your husband lie or not it is still the rule. The lawyer didn't do anything because he knew too that he cant do anything. As soon as he got married he should contact the CIC about his marital status.

 

[zardoz]

OK.

First, it is the responsibility of an applicant to know the rules. There is no excuse for this. When he received his PR document (COPR) there were instructions in it about telling CIC of any changes. (A105 document, paragraphs 3 and 4). There are warnings of what will happen if this is ignored.

Second, he only became a PR when he landed in Canada and had his COPR signed by the officer at the point of entry. Until that happened he was still only an applicant. He got married when he was an applicant, NOT a PR. He did not "get his pr" in India... He got his IM-1 visa and his COPR landing document, that is all.

Third, there is NOTHING that a lawyer would be able to do to change his marital status after he has landed as a PR in Canada. I don't know what the lawyer told you, but no lawyer could change that.

Last, there is nothing that can be changed now... The damage is done.

 

[binal17]

Ok...so now wat can he do to change his marital status and declare me as his wife nd how much time will it take???

 

[zardoz]

Ok...so now wat can he do to change his marital status and declare me as his wife nd how much time will it take???

You don't seem to understand... It can NEVER happen. He will have to give up his PR and start all over again from the beginning.

 

[binal17]

Ok...i got it....thnk u so much...

 

[Rob_TO]

You don't seem to understand... It can NEVER happen. He will have to give up his PR and start all over again from the beginning.

Yes, he would need to formally renounce/give-up his PR status to CIC.

If he got PR through skilled worker or something similar, then I imagine he could be able to do the process again from the beginning (but not sure the exact rules in this case). If he renounces his PR right away and he qualifies to submit a new application immediately including her as spouse, I guess they could both be PRs sometime in 2015.

 

[kbanatwala]

Because your husband landed using a visa that said he was single, he can never sponsor you for PR.

If you wish to immigrate to Canada, then you should start investigating how you can immigrate independently (without the help of your husband - for example, as a skilled worker).

Unfortunately it is too late to explain anything. Once your husband got married, he should have returned his PR visa, let CIC know that he was now married and added you to his application. CIC would have then processed your paperwork and issued a new PR visa for both of you. Because your husband did not to this but instead landed using the PR visa that said he was unmarried, he can never sponsor you.

I dont believe this... IF you are unamrried during your entire application process, once you get the visa, you decide to get married before leaving India and later sponsor your wife, you will be able to do that.

 

[zardoz]

I dont believe this... IF you are unamrried during your entire application process, once you get the visa, you decide to get married before leaving India and later sponsor your wife, you will be able to do that.

You should believe it... This is what the law says.. the application process stops ONLY at the point of signing the COPR when the applicant lands. It does NOT stop when the visa is issued. Case law supports this. See CANLII.

http://www.canlii.org/en/ca/irb/doc/2009/2009canlii80523/2009canlii80523.html

[15] The processing of a permanent resident application is a two stage process. The Act[5] requires and the case law[6] confirms that the original application process ends when the foreign national enters Canada and after he or she have been examined at a port of entry in Canada where they must declare any important changes since the issuance of the visa.

*[6] Canada (Minister of Citizenship and Immigration) v. de Guzman 2005 FC 1255 (CanLII), 2005 FC 1255.

 

[kbanatwala]

You should believe it... This is what the law says.. the application process stops ONLY at the point of signing the COPR when the applicant lands. It does NOT stop when the visa is issued. Case law supports this. See CANLII.

http://www.canlii.org/en/ca/irb/doc/2009/2009canlii80523/2009canlii80523.html

Yeah seems you are right. Thanks for sharing the information to make others aware as well.