Marriage proofs in Express Entry

[Kirat Dhaliwal]

We are married since may 2019. We applied for spousal open work permit two times in 2019 but it was refused so we decided to wait till we get an invitation to apply under express entry. In the meantime I applied for GCMS notes in which the visa officer states 'While I take note of the marriage certificate and recognize legality of the marriage. I have concerns that the circumstances surrounding the marriage and that it appears to have been rushed within a short period. The spouse leaving to Canada shortly after marriage are not consistent with socio-economic or cultural norms.PA submits quantities of photos and digital messages that lack in content and do not substantiate benefit of the application. Considering all the factors in this case including the economic conditions and employment prospects in home country, and on balance, I have concerns regarding the relationship and I am not satisfied that the applicant is genuine temporary worker who will depart at the end of his authorized stay. Refused under 200(1)(b).' Now after almost 4 years my wife got ITA. We have joint bank account. we have proofs of money transfers from my wife's account to our joint account in India. We frequently transfer money and I also have courier receipts from my side to my wife. But most of the applicants told me that only marriage certificate is required for express entry even some lawyers told me the same thing and they said if IRCC requires further information they will request for additional documents. But some lawyers said its better to include proof of relationship with marriage certificate in the first hand. What should I do?

 

[Deleted member 1083629]

We are married since may 2019. We applied for spousal open work permit two times in 2019 but it was refused so we decided to wait till we get an invitation to apply under express entry. In the meantime I applied for GCMS notes in which the visa officer states 'While I take note of the marriage certificate and recognize legality of the marriage. I have concerns that the circumstances surrounding the marriage and that it appears to have been rushed within a short period. The spouse leaving to Canada shortly after marriage are not consistent with socio-economic or cultural norms.PA submits quantities of photos and digital messages that lack in content and do not substantiate benefit of the application. Considering all the factors in this case including the economic conditions and employment prospects in home country, and on balance, I have concerns regarding the relationship and I am not satisfied that the applicant is genuine temporary worker who will depart at the end of his authorized stay. Refused under 200(1)(b).' Now after almost 4 years my wife got ITA. We have joint bank account. we have proofs of money transfers from my wife's account to our joint account in India. We frequently transfer money and I also have courier receipts from my side to my wife. But most of the applicants told me that only marriage certificate is required for express entry even some lawyers told me the same thing and they said if IRCC requires further information they will request for additional documents. But some lawyers said its better to include proof of relationship with marriage certificate in the first hand. What should I do?

So you are in Canada and your wife is in India, right?

IMO, the marriage certificate alone is fine and if IRCC needs more information, they will request it. Your relationship is not new anymore (4 years) and in my opinion, it's def. doesn't look like you were married for immigration purposes. On the other hand, even if they request more proof, you will not have any issues proving that based on the information you shared.

 

[Kirat Dhaliwal]

So you are in Canada and your wife is in India, right?

IMO, the marriage certificate alone is fine and if IRCC needs more information, they will request it. Your relationship is not new anymore (4 years) and in my opinion, it's def. doesn't look like you were married for immigration purposes. On the other hand, even if they request more proof, you will not have any issues proving that based on the information you shared.

I also believe that IRCC should consider the time, its been 4 years since we are married. But some consultants told me to submit as much proofs as possible along with marriage certificate.

 

[Deleted member 1083629]

I also believe that IRCC should consider the time, its been 4 years since we are married. But some consultants told me to submit as much proofs as possible along with marriage certificate.

I have heard some crazy stories about Indian consultancies. If you live in Canada, I advise you to go with Canadian lawyers. They will charge more but at least, there won't be any nasty surprises. I went with one and while it was quite expensive, he saved me from some headaches.

Regardless, to answer your question; my motto is to give them only what they ask for. They ask for A, give them A. If they are not happy and come back to ask for B, give them B. That was something advised by my lawyers.

 

[Kirat Dhaliwal]

I have heard some crazy stories about Indian consultancies. If you live in Canada, I advise you to go with Canadian lawyers. They will charge more but at least, there won't be any nasty surprises. I went with one and while it was quite expensive, he saved me from some headaches.

Regardless, to answer your question; my motto is to give them only what they ask for. They ask for A, give them A. If they are not happy and come back to ask for B, give them B. That was something advised by my lawyers.

Yes I also feel the same about indian consultants. Even my 2 applications which was refused were also prepared by an indian consultant. But this time I go with canadian lawyers. I consult with two lawyers. The lawyer who helped me to get the PNP told me to submit only marriage certificate but there is another famous lawyer ' Mark Holthe'. I booked the consultantion with him and he told me to submit various proofs along with marriage certificate.

 

[Deleted member 1083629]

Yes I also feel the same about indian consultants. Even my 2 applications which was refused were also prepared by an indian consultant. But this time I go with canadian lawyers. I consult with two lawyers. The lawyer who helped me to get the PNP told me to submit only marriage certificate but there is another famous lawyer ' Mark Holthe'. I booked the consultantion with him and he told me to submit various proofs along with marriage certificate.

I went with Matkowsky's firm.

TBH, there is no harm in doing any of the options. Any option is fine. So, don't worry too much and go with the option that is your current lawyer is telling you to do. In the end of the day, that's what you are paying him for; to guide you and take a full responsibility for your application.

 

[Kirat Dhaliwal]

I went with Matkowsky's firm.

TBH, there is no harm in doing any of the options. Any option is fine. So, don't worry too much and go with the option that is your current lawyer is telling you to do. In the end of the day, that's what you are paying him for; to guide you and take a full responsibility for your application.

Thank you so much for sharing your valuable info...much appreciated.

 

[GandiBaat]

We are married since may 2019. We applied for spousal open work permit two times in 2019 but it was refused so we decided to wait till we get an invitation to apply under express entry. In the meantime I applied for GCMS notes in which the visa officer states 'While I take note of the marriage certificate and recognize legality of the marriage. I have concerns that the circumstances surrounding the marriage and that it appears to have been rushed within a short period. The spouse leaving to Canada shortly after marriage are not consistent with socio-economic or cultural norms.PA submits quantities of photos and digital messages that lack in content and do not substantiate benefit of the application. Considering all the factors in this case including the economic conditions and employment prospects in home country, and on balance, I have concerns regarding the relationship and I am not satisfied that the applicant is genuine temporary worker who will depart at the end of his authorized stay. Refused under 200(1)(b).' Now after almost 4 years my wife got ITA. We have joint bank account. we have proofs of money transfers from my wife's account to our joint account in India. We frequently transfer money and I also have courier receipts from my side to my wife. But most of the applicants told me that only marriage certificate is required for express entry even some lawyers told me the same thing and they said if IRCC requires further information they will request for additional documents. But some lawyers said its better to include proof of relationship with marriage certificate in the first hand. What should I do?

The doubt this officer has raised is that of your marriage being a marriage of convinience. Actually a good lawyer might have been able to win a JR against this. But then a lot of time has past.

Your situation has one sort of trouble : lack of cohabitation. Cohabitation or living together is a good proof of being married, besides documents. Now obviously, since you were not allowed to bring your wife here so you have a reasonable reason for why you are not cohabiting. The other proof is shared ownership of financial assets like bank accounts, property etc. Another proof is shared references to each other as beneficiaries in insurance policies. Last and the final and the best is having a child but since you have not been even allowed to live together for any substantial time, you can not really start a family even if you want. I believe you may have a decent chance for SOWP approval.

Now, one way to add weight to your application is to show that your wife follows immigration law of other countries and especially Five Eyes countries (US, UK, Canada, Australia and New Zealand). If you have time and money get a visa and visit some country with your wife. That adds an argument that your wife follows immigration laws and leaves the visited country in stipulated time. It can be a vacation, if your situation permits. I used this tactic successfully for my parents.

Lastly do mention about your forced prolonged separation from wife as something against canadian values and inhuman misery. While formally I am not sure if you can ask for a H&C criteria (check with a lawyer), it can be used to ask for leniency in applying for a SOWP.

Do remember to answer past visa rejections properly.

 

[Kirat Dhaliwal]

The doubt this officer has raised is that of your marriage being a marriage of convinience. Actually a good lawyer might have been able to win a JR against this. But then a lot of time has past.

Your situation has one sort of trouble : lack of cohabitation. Cohabitation or living together is a good proof of being married, besides documents. Now obviously, since you were not allowed to bring your wife here so you have a reasonable reason for why you are not cohabiting. The other proof is shared ownership of financial assets like bank accounts, property etc. Another proof is shared references to each other as beneficiaries in insurance policies. Last and the final and the best is having a child but since you have not been even allowed to live together for any substantial time, you can not really start a family even if you want. I believe you may have a decent chance for SOWP approval.

Now, one way to add weight to your application is to show that your wife follows immigration law of other countries and especially Five Eyes countries (US, UK, Canada, Australia and New Zealand). If you have time and money get a visa and visit some country with your wife. That adds an argument that your wife follows immigration laws and leaves the visited country in stipulated time. It can be a vacation, if your situation permits. I used this tactic successfully for my parents.

Lastly do mention about your forced prolonged separation from wife as something against canadian values and inhuman misery. While formally I am not sure if you can ask for a H&C criteria (check with a lawyer), it can be used to ask for leniency in applying for a SOWP.

Do remember to answer past visa rejections properly.

I have money transfer proofs from my wife's account (Scotia bank) to our joint bank account in India. I also have courier slips from my side to my wife. But we haven't met since 2019.

 

[GandiBaat]

I have money transfer proofs from my wife's account (Scotia bank) to our joint bank account in India. I also have courier slips from my side to my wife. But we haven't met since 2019.

Do you have joint accounts with her? In India?

 

[Kirat Dhaliwal]

Do you have joint accounts with her? In India?

Yes I have joint account in India.

 

[GandiBaat]

Yes I have joint account in India.

That should help. It will show financial interdependency.

 

[Kirat Dhaliwal]

That should help. It will show financial interdependency.

Yes I have several transaction receipts from 2019 till now. I also have courier receipts from my side to my wife.

 

[Kirat Dhaliwal]

The doubt this officer has raised is that of your marriage being a marriage of convinience. Actually a good lawyer might have been able to win a JR against this. But then a lot of time has past.

Your situation has one sort of trouble : lack of cohabitation. Cohabitation or living together is a good proof of being married, besides documents. Now obviously, since you were not allowed to bring your wife here so you have a reasonable reason for why you are not cohabiting. The other proof is shared ownership of financial assets like bank accounts, property etc. Another proof is shared references to each other as beneficiaries in insurance policies. Last and the final and the best is having a child but since you have not been even allowed to live together for any substantial time, you can not really start a family even if you want. I believe you may have a decent chance for SOWP approval.

Now, one way to add weight to your application is to show that your wife follows immigration law of other countries and especially Five Eyes countries (US, UK, Canada, Australia and New Zealand). If you have time and money get a visa and visit some country with your wife. That adds an argument that your wife follows immigration laws and leaves the visited country in stipulated time. It can be a vacation, if your situation permits. I used this tactic successfully for my parents.

Lastly do mention about your forced prolonged separation from wife as something against canadian values and inhuman misery. While formally I am not sure if you can ask for a H&C criteria (check with a lawyer), it can be used to ask for leniency in applying for a SOWP.

Do remember to answer past visa rejections properly.

I went with Matkowsky's firm.

TBH, there is no harm in doing any of the options. Any option is fine. So, don't worry too much and go with the option that is your current lawyer is telling you to do. In the end of the day, that's what you are paying him for; to guide you and take a full responsibility for your application.

I consult my case yesterday with "Mark Holthe" who is a Immigration lawyer and founder of "Holthe Immigration Law" Firm. I found him quite knowledgeable. Should I hire him for my EE application submission? Did you know anything about him? As I know nothing about immigration consultants and lawyers.

 

[Deleted member 1083629]

I consult my case yesterday with "Mark Holthe" who is a Immigration lawyer and founder of "Holthe Immigration Law" Firm. I found him quite knowledgeable. Should I hire him for my EE application submission? Did you know anything about him? As I know nothing about immigration consultants and lawyers.

Oh, Mr. muffin guy lol. He is a good lawyer from what I heard. I also heard that he quite pricey. TBH, your case is not that unique or convoluted. Whatever option you choose, you will either not get ADR, or get ADR. The end result won't be any different.