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undeclared marital status

Laham

Newbie
Mar 11, 2015
5
0
Hi Everyone- I hope someone can give a legal advice to my situation.
I came to canada as a single and obtain my Permanent resident last 2 years ago.
I really wanna correct my mistake of what I have done.Before I came to canada I was married
with my boyfriend in Philippines and just only secret married.We never spent our time after our secret
married as a husband and wife because I have to flight HK tomorrow after.And in short our relationship didn't work out.And no more communication at all.
We always fight until I found out he has another girl and they have baby.And they live as a family and he told me that our secret married was a fake.And after that I decided to apply here in canada and never change
my status and everything.After I got my permanent resident I plan to get married with my new boyfriend in the
Philippines but unfortunately when I check in the NSO there is a file that recorded our marriage with my X boyfriend before.And now i file annulment in the Philippines because I really want to have a family soon and stay in canada together.
My questions:
Can I get married with my new boyfriend after the petition of annulment done in Phillipines?
After we get married can I sponsor him here in canada and stay together as couple?
And also I have a previous married that recorded in Philippines,Is this conflict my spousal sponsorship even if it is annulled?
What is the best thing for me to do so I can move on and remarry soon?I really wanna have my own family here soon..Please help me what is the best thing to do.Thanks and GOD BLESS everyone!
 

Ponga

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Oct 22, 2013
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It's probably too late to correct your mistake. You committed misrepresentation when you landed as a single person, while you were in fact married.

You are now at risk of losing your own PR if CIC finds out about this, which they likely will when you sponsor your new husband.
 

Laham

Newbie
Mar 11, 2015
5
0
Is there any way I could get a lawyer to fix my mistake.I didn't
meant not to tell the CIC but I found out the record back home late too:(( thats why I want to fix it.
My purpose to apply here is to have a good future and now I'm losing my hope:(
I'm still hoping to fix my situation.
 

MilesAway

Champion Member
Jul 26, 2012
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App. Filed.......
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Doc's Request.
09-04-2015
AOR Received.
12-11-2014
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26-08-2014
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There is nothing that can be done to fix your mistake. It was a lie. The application forms clearly ask if you are married or have been married, and you willingly ticked: NO. That would mean that you meant to not tell CIC.

All you can do is hope for the best if you apply to sponsor your future spouse.

The only other way to really fix your mistake is to give up your PR, and reapply, giving the correct information. You could do this after you get married, so that you would get your PR at the same time as your spouse, provided you still qualify under one of the categories.
 

Laham

Newbie
Mar 11, 2015
5
0
Thank you so much for the advice.
Is anyone here had the same situation as mine?Does it
went through?I want to find a good immigration lawyer to help
me through and could give more info.and legal
advices.It really stressed me out and I don't wanna
go back to my country for nothing.I'm hoping someone
could share if they have same cases as mine.Thank you once
again.
 

taffy7

Champion Member
May 23, 2013
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App. Filed.......
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Doc's Request.
09 June 2014 same doc's requested again 6th Oct 2014. docs not needed again mistake by cic
AOR Received.
sponsorship approval 05 Aug 2014
File Transfer...
05 Aug 2014
Med's Request
28 July 2015
Med's Done....
30th Dec 2013
Passport Req..
in process 18th July 2015/ DM 5/12/2015
LANDED..........
28/12/2015
You're future husband needs to find a way to come to Canada on his own . No lawyer can fix this, you will be wasting your money. I would be very careful going down this path, you could lose your own PR status. Weather your marriage was a secret and you really didn't have a married life you were still married when you signed those forms.
 
M

mikeymyke

Guest
Do the right thing. Renounce your own PR. Return home to your country. Have either you or your husband apply to immigrate to Canada on their own. Then add the other spouse to the application and then both will get PR at the same time.
 

Rob_TO

VIP Member
Nov 7, 2012
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Category........
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Visa Office......
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App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
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LANDED..........
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You did commit misrepresentation by not declaring your first husband in your application. However since you were already broken up at the time you got PR, and because you may not have been sure on the initial legality of your marriage to begin with... there's a chance CIC may overlook the error and not do something as drastic as revoking your PR status.

So if you do get an annulment from your first husband and get married to your second husband, I don't see any reason you can't apply for PR for your new husband. You will of course though need to disclose the previous marriage, and that you didn't include your first marriage on your own PR app (and list the reasons). There is no telling what CIC will ultimately do, but IMO since you never tried to sponsor your first husband and have been separated for so long, they may not care.
 
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Ponga

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Oct 22, 2013
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It still doesn't negate the fact that the OP was not truthful and did in fact misrepresent herself to CIC.
 

Laham

Newbie
Mar 11, 2015
5
0
Thank you taffy7.
Can my boyfriend come here as a tourist visa
and after he get here we get married considering my
previous married back home is annulled.And when we get married here
Can I sponsor him inside canada and wait his application just here.I don't mind
if it takes long to wait the important is we can be together.
 

taffy7

Champion Member
May 23, 2013
2,482
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Category........
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London
Job Offer........
Pre-Assessed..
App. Filed.......
10th April 2014/June 10th 2014 application complete
Doc's Request.
09 June 2014 same doc's requested again 6th Oct 2014. docs not needed again mistake by cic
AOR Received.
sponsorship approval 05 Aug 2014
File Transfer...
05 Aug 2014
Med's Request
28 July 2015
Med's Done....
30th Dec 2013
Passport Req..
in process 18th July 2015/ DM 5/12/2015
LANDED..........
28/12/2015
Laham said:
Thank you taffy7.
Can my boyfriend come here as a tourist visa
and after he get here we get married considering my
previous married back home is annulled.And when we get married here
Can I sponsor him inside canada and wait his application just here.I don't mind
if it takes long to wait the important is we can be together.
Yes you can do all of the above, but as others have said, you might now get passed the sponsor part . Good luck.
 

Rob_TO

VIP Member
Nov 7, 2012
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Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Ponga said:
It still doesn't negate the fact that the OP was not truthful and did in fact misrepresent herself to CIC.
Yes but when it comes to declaring spouses there are many cases of misrepresentation where CIC simply decides to do nothing. For example there are many cases where a PR doesn't declare a spouse and then tries to sponsor them, and of course gets rejected. Even though CIC knows they misrepresented themselves in their own application, very rarely do they actually make moves to then revoke their PR status.

And here the OP is not even trying to sponsor the spouse they didn't declare, its an entirely new person. IMO i really don't think CIC will do anything if she is honest and explains the situation.
 
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Ponga

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Oct 22, 2013
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Rob_TO said:
Yes but when it comes to declaring spouses there are many cases of misrepresentation where CIC simply decides to do nothing. For example there are many cases where a PR doesn't declare a spouse and then tries to sponsor them, and of course gets rejected. Even though CIC knows they misrepresented themselves in their own application, very rarely do they actually make moves to then revoke their PR status.

And here the OP is not even trying to sponsor the spouse they didn't declare, its an entirely new person. IMO i really don't think CIC will do anything if she is honest and explains the situation.
If CIC has a heart, they'll do just that.

But...do they?! LOL!
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Ponga said:
If CIC has a heart, they'll do just that.

But...do they?! LOL!
I would say they do in the vast majority of cases. In fact have you heard of any cases out there where CIC has revoked someones PR for not declaring a family member? In all of the cases I've heard of CIC simply rejects the app and I think the penalty of never being able to sponsor them, is punishment enough in CIC's eyes.

It takes a lot to actually get your PR revoked, and I don't think situation would warrant it. Again though just my opinion.

A type of non-declaration case that would probably cause a revoking of PR, is if you didn't declare a spouse and were being sponsored as a dependent so wouldn't have qualified in the first place if you declared the spouse. In this case the misrepresentation led to someone getting PR when they shouldn't have.
 
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