undeclared marital status

[mikeymyke]

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.

He can come as a tourist visa, but a good chance he might be refused.
You can get married, but he will still be rejected when you file the application.

And I don't think you really understand the severity of your situation here. Your b/f can never be sponsored unless you give up your own PR, immigrate here on your own, and add him on your application, or vice versa.

 

[Rob_TO]

He can come as a tourist visa, but a good chance he might be refused.
You can get married, but he will still be rejected when you file the application.

And I don't think you really understand the severity of your situation here. Your b/f can never be sponsored unless you give up your own PR, immigrate here on your own, and add him on your application, or vice versa.

No, this situation is different. It's the OPs first marriage that wasn't declared. So that spouse can never be sponsored, but really she has no intention to ever sponsor him as the relationship ended a long time ago.

It's the OPs 2nd partner now who is looking to travel here. And after getting first marriage annulled she would get married to and sponsor the 2nd partner. This is a new relationship and they would get married after she is already a PR, so he can indeed be sponsored.

 

[Turbo2000]

Hahaha...that is easier said that done. That approach is full of uncertainties and misleading.

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.

 

[Turbo2000]

I think you have a point...revoking the PR will be too drastic. Below is a similar case for someone whose spouse sponsorship was rejected because he didn't declare that he was in a conjugal relationship b4 he became PR. The letter says he can re-apply again if he becomes eligible. However, may be a case of being married and not declaring might be more severe, than a mere conjugal relationship.

I need an advise please.

After 5months of waiting for an approval of myself being a sponsor. I got denied. The reason is that I didn't inform them that we were a common law partner before I become a PR.

Nov 2012 - we met
October 2013 - we moved in
Octobter 2014 - we got engaged
(October 2014) - I should have told them that after a year of living together, we will qualify for a common law and I DIDNT inform them (don't know why i didnt)
Nov 2014 - I became a PR
Feb 2015 - got married
May 2015 - applied for sponsor
Oct 2015 - denied of family sponsorship


So, whats is my next step? Do i pass the same documents plus an explanation why i didnt let them know?
Im stuck. It says in their letter, I can apply to be a sponsor again if the INEGIBILITY IS RESOLVED.

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.

 

[Rob_TO]

I think you have a point...revoking the PR will be too drastic. Below is a similar case for someone whose spouse sponsorship was rejected because he didn't declare that he was in a conjugal relationship b4 he became PR. The letter says he can re-apply again if he becomes eligible. However, may be a case of being married and not declaring might be more severe, than a mere conjugal relationship.

No, you are mixing up 2 completely different cases.

In the first case a PR didn't declare their common-law partner when landing as PR, and now wants to sponsor that same partner. In this case the partner is banned forever, and absolutely nothing can be done to change this, not even if they get married. Resolving the ineligibility would be proving to CIC that you were in fact not common-law before landing as PR, but that is unlikely as you've already said you were in the original application.

The second case (this one) is a PR not declaring a spouse when landing, but they have no intention to sponsor that spouse. They now want to sponsor a completely different person. As this new partner had nothing to do with the original PR app, they are not barred and can be sponsored under family class.

 

[Turbo2000]

Yeah, U're right...the person to be sponsored is not the ex-partner....but do u think this actually makes the consequence less severe ?
In this case, her PR status might indeed be in jeopardy.
Let her seek the opinion of an immigration lawyer and give us a feedback.

No, you are mixing up 2 completely different cases.

In the first case a PR didn't declare their common-law partner when landing as PR, and now wants to sponsor that same partner. In this case the partner is banned forever, and absolutely nothing can be done to change this, not even if they get married. Resolving the ineligibility would be proving to CIC that you were in fact not common-law before landing as PR, but that is unlikely as you've already said you were in the original application.

The second case (this one) is a PR not declaring a spouse when landing, but they have no intention to sponsor that spouse. They now want to sponsor a completely different person. As this new partner had nothing to do with the original PR app, they are not barred and can be sponsored under family class.

 

[Rob_TO]

Yeah, U're right...the person to be sponsored is not the ex-partner....but do u think this actually makes the consequence less severe ?
In this case, her PR status might indeed be in jeopardy.
Let her seek the opinion of an immigration lawyer and give us a feedback.

Yes it's much less severe. There have been many cases on this site of people trying to sponsor spouses or kids they didn't declare on their own application. In all cases CIC is of course made aware of the initial misrepresentation, and end up rejecting the app. However in practically all cases they never proceed to investigate revoking PR status, even though it's a possibility. It's very rare to see CIC actually try to revoke someones PR, unless it's a very serious misrepresentation which would have prevented them from becoming PR in the first place which is usually not the case in failing to declare a family member.

 

[keesio]

If CIC has a heart, they'll do just that.

But...do they?! LOL!

The CIC is basically the Tin Man in these cases. This seems to be the one rule where they are completely strict on with no leeway at all. I tend to give CIC some slack because people are so overly negative towards them on these forums. But this rule is the one rule I think they can ease up a bit on because so many of them are accidental mistakes.

 

[wowsers]

Yes it's much less severe. There have been many cases on this site of people trying to sponsor spouses or kids they didn't declare on their own application. In all cases CIC is of course made aware of the initial misrepresentation, and end up rejecting the app. However in practically all cases they never proceed to investigate revoking PR status, even though it's a possibility. It's very rare to see CIC actually try to revoke someones PR, unless it's a very serious misrepresentation which would have prevented them from becoming PR in the first place which is usually not the case in failing to declare a family member.

I agree, but simply add a further point which no one has as yet identified. If she gets an annulment of her first marriage, will she ever have been married? If never married, no misrepresentation and no obstacle to sponsoring a new husband! But is a Filipino marriage which is annulled void ab initio or simply from the date of the annulment? I do not know the answer to that issue of Filipino law. Possibly a case for consulting a good Filipino lawyer?

 

[Rob_TO]

The CIC is basically the Tin Man in these cases. This seems to be the one rule where they are completely strict on with no leeway at all. I tend to give CIC some slack because people are so overly negative towards them on these forums. But this rule is the one rule I think they can ease up a bit on because so many of them are accidental mistakes.

Again you need to note that this is NOT a case where someone is trying to sponsor a non-declared family member.

They failed to declare a spouse, but have long since broken up with them and are now looking to sponsor someone entirely new. So the issue here is if CIC will care that the initial spouse was not declared, that is completely out of the picture now anyways with no intention to ever be sponsored.

 

[keesio]

Again you need to note that this is NOT a case where someone is trying to sponsor a non-declared family member.

They failed to declare a spouse, but have long since broken up with them and are now looking to sponsor someone entirely new. So the issue here is if CIC will care that the initial spouse was not declared, that is completely out of the picture now anyways with no intention to ever be sponsored.

oh right. yes, completely different. maybe CIC can give a little leeway here. Still, it will be a long road at best

 

[taffy7]

so when this sponsor decides to sponsor her new husband will she put never been married or tick married but annulled . Whether she thought it was not relevant if her husband at the time was not even a non accompany he would have had to go through security checks. If he had any security issues she would have also been denied PR is this not the case ????

 

[Rob_TO]

so when this sponsor decides to sponsor her new husband will she put never been married or tick married but annulled . Whether she thought it was not relevant if her husband at the time was not even a non accompany he would have had to go through security checks. If he had any security issues she would have also been denied PR is this not the case ????

For questions that ask for previous marriages then yes she would include details of the previous marriage and what the date of annulment/divorce was.

And yes when applying to immigrate a spouse failing medical or police checks would also cause the applicant to be rejected. However that is mostly irrelevant now as she is already a PR and has zero intention to ever sponsor that previous spouse, which is the whole point of them doing all those checks in the first place.

Again there have been tons of people that have not declared family members for whatever reason, and after applying for them have the app rejected by CIC under this rule. In practically all cases CIC views the fact that the undeclared family member can never be sponsored as punishment enough, and does not routinely pursue revoking their PR. I see no reason this case would be any different.

 

[soblue3]

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.

i would be careful with giving up a PR. i am sure cic keeps their records. it will show once they search the name that a person was a pr and what the circumstances were at that time. i am sure they will investigate and compare the applications when a person reapplies. it will still show. not sure how willing the cic will be to give a second pr or approve application from both people living abroad after they realized that the person who used to be a pr lied to them. it would be best if the applicant could try first to apply to canada in a work category without even mentioning the other person. best to avoid misrepresentation having attached to your name all together. i wold not count on cic ignoring that.

the only thing i am not sure about...if a person is a pr already...do they need to provide new documents from the philipines when sponsoring a spouse? i mean new spouse? or is it that it would show on a new marriage certificate that the sponsor was previously married in the philipines? i mean she was previously married and it did not show on her records at the time when she applied and was accepted for as a pr here.

 

[kabir2000]

I failed to declare my child on PR application and im waiting for medical......i want to fix my error..what should i do............bheifaah@gmail.com