Urgent help: Spouse

[balalmughal]

Hi folks,
I have submitted application on Jan 9 2014 and did upfront medical on 12 july 2014. I got married on 18 june 2014. Due to some reasons I dont want to add my spouse in my application at the moment. cec told me to do the following to add the spouse in my application because I have asked them earlier to my marriage that I want to add spouse.

Processing fee and right of permanent residence fee (RPRF) for your spouse (if accompanying you to Canada at this time)
· Copy of your spouse’s birth certificate
· Copy of your spouse’s valid passport
· Copy of your marriage certificate
· If applicable, copy of your spouse’s divorce certificate if your spouse was previously married
· Four (4) recent photographs of your spouse according to specifications
· Original police certificates for your spouse
· Updated Generic Application Form for Canada IMM 0008 for yourself
· Updated Additional Family Information Form IMM 5406 for yourself and your spouse
A completed and signed Schedule A Background/ Declaration IMM 5669 by your spouse

I just want to tell them that my Marital status has been changed but dont want to add spouse in my application. How should I proceed. Should I just send then the updated forms without her passport , pics, and application fee and explain them in letter that I dont want to add spouse in my application at the moment.Please suggest, your help will be really appreciated.

 

[maniac2403]

Hi folks,
I have submitted application on Jan 9 2014 and did upfront medical on 12 july 2014. I got married on 18 june 2014. Due to some reasons I dont want to add my spouse in my application at the moment. cec told me to do the following to add the spouse in my application because I have asked them earlier to my marriage that I want to add spouse.

Processing fee and right of permanent residence fee (RPRF) for your spouse (if accompanying you to Canada at this time)
· Copy of your spouse's birth certificate
· Copy of your spouse's valid passport
· Copy of your marriage certificate
· If applicable, copy of your spouse's divorce certificate if your spouse was previously married
· Four (4) recent photographs of your spouse according to specifications
· Original police certificates for your spouse
· Updated Generic Application Form for Canada IMM 0008 for yourself
· Updated Additional Family Information Form IMM 5406 for yourself and your spouse
A completed and signed Schedule A Background/ Declaration IMM 5669 by your spouse

I just want to tell them that my Marital status has been changed but dont want to add spouse in my application. How should I proceed. Should I just send then the updated forms without her passport , pics, and application fee and explain them in letter that I dont want to add spouse in my application at the moment.Please suggest, your help will be really appreciated.

You cannot not add your spouse to the application for PR and proceed. You will have to sign an affidavit stating that you will not sponsor your wife forever. Since you are married, you need to tell CIC that and add her to the application now. Let's say your PPR comes and they ask you if your status changed. The only way not to add your spouse to the application is to not tell CIC about your marriage. IF you do this, then you have misrepresented facts.

 

[Dr_Midnite]

Hi

Why would you not want to add your spouse to your PR application?

I agree you have to be honest with the facts or you could risk misrepresentation. If at a later date you apply to sponsor your spouse they will ask for all the key documents. It will become clear at that time that you applied and received your PR while married.

It could be interpreted that you misrepresented the facts in the hope a single application might improve your application status.

If the affidavit is an option (as suggested by maniac2403) then this pretty much stops you sponsoring your wife in the future, this would make no sense at all.

CIC are telling you what to do for a specific reason, my advice is to follow their guidelines. Any deviation could lead to further questioning of the application.

I assume you knew you would be getting married at the time of the application?

Thx

A

 

[Sanj]

Hi folks,
I have submitted application on Jan 9 2014 and did upfront medical on 12 july 2014. I got married on 18 june 2014. Due to some reasons I don't want to add my spouse in my application at the moment. cec told me to do the following to add the spouse in my application because I have asked them earlier to my marriage that I want to add spouse.

Processing fee and right of permanent residence fee (RPRF) for your spouse (if accompanying you to Canada at this time)
· Copy of your spouse's birth certificate
· Copy of your spouse's valid passport
· Copy of your marriage certificate
· If applicable, copy of your spouse's divorce certificate if your spouse was previously married
· Four (4) recent photographs of your spouse according to specifications
· Original police certificates for your spouse
· Updated Generic Application Form for Canada IMM 0008 for yourself
· Updated Additional Family Information Form IMM 5406 for yourself and your spouse
A completed and signed Schedule A Background/ Declaration IMM 5669 by your spouse

I just want to tell them that my Marital status has been changed but dont want to add spouse in my application. How should I proceed. Should I just send then the updated forms without her passport , pics, and application fee and explain them in letter that I dont want to add spouse in my application at the moment.Please suggest, your help will be really appreciated.

Hi I went through something similar but in my case I added my spouse to my application , In generic application for IMM008 there is a column saying add spouse as accompanying or non accompanying , if you dont want to sponsor your spouse just click as non- accompanying , they will add your spouse to your application but won't sponsor on your behalf. Later on when you are a PR you can decide to sponsor , but now they need all the forms they asked for just to add you spouse even though you are not sponsoring .

 

[balalmughal]

Thanks for reply,

I think I didn't explain well. I want to inform them my marital status has been changed as well as want to provide them my Spouse information. So if later i have to sponsor her i can. I don't want to add her in my application means i don't want to sponsor her at this time due to some reasons. I do want to provide them all correct information. Now please suggest how it will work

 

[ZingyDNA]

Thanks for reply,

I think I didn't explain well. I want to inform them my marital status has been changed as well as want to provide them my Spouse information. So if later i have to sponsor her i can. I don't want to add her in my application means i don't want to sponsor her at this time due to some reasons. I do want to provide them all correct information. Now please suggest how it will work

If you don't sponsor her now, I don't think you'll be able to sponsor her later... You might be able to do it but for sure you have a lot of explaining to do.

 

[maniac2403]

Thanks for reply,

I think I didn't explain well. I want to inform them my marital status has been changed as well as want to provide them my Spouse information. So if later i have to sponsor her i can. I don't want to add her in my application means i don't want to sponsor her at this time due to some reasons. I do want to provide them all correct information. Now please suggest how it will work

You cannot do that. Her application will have to be submitted at the same time. If you select non-accompanying in the form, you WILL HAVE to provide a very strong reason why she is not accompanying you. All dependents have to be medically admissible even if they are non-accompanying. So that means if she fails her medicals, your application will get rejected.

As per the law:
Regulation 117 (9) (d) is not a form.

https://ccrweb.ca/files/excludedfam.pdf

117.
(9) A foreign national shall not be considered a member of the family by virtue of their relationship to a sponsor if,
(d) 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.

Also read section 3 (b): The need to prevent immigration of family members who, if originally declared, would
have prevented the sponsor’s immigration

You need to provide a VERY VERY strong reason not to sponsor her at this time. If you can't do it for any reason, I suggest that you get legal counsel before applying.

 

[jes_ON]

I think I didn't explain well. I want to inform them my marital status has been changed as well as want to provide them my Spouse information. So if later i have to sponsor her i can. I don't want to add her in my application means i don't want to sponsor her at this time due to some reasons. I do want to provide them all correct information. Now please suggest how it will work

If you don't want to "sponsor" her now, you still have to do the following:
provide all the forms and documents - on IMM 0008 Generic - you indicate her as "non-accompanying." You still need the medical exam, PCC(s), but you don't pay the application fee for her. That means later when you want her to come, you'll have to apply to sponsor her in the family class.

It would be much easier just to include her in the application now; if approved, she can land any time after you but before the expiry date on the COPR. She wouldn't have to remain in Canada after landing, but to keep the PR, she would have live in Canada for 2 out of 5 years after landing... (current rules, may change later)

 

[Hichaman]

I think he wants to pay only $550 not the $1100 ;D. just apply together if she does not want to come it's her choice, it much more difficult to sponsor her as suppose to add her now. she is you wife she belongs with you not somewhere in another country,

 

[balalmughal]

Thanks alot guys for your suggestions.