I need help I have a very unique situation

[Ahmed12389]

I obtained my PR status in September, 2022, then my fiancé and I decided to get married. We got married on Feb 02, 2023. Now I am trying to apply to sponsor her, but I have a situation that might pose serious problems.
We have been together since beginning of 2017. Staring around 2019 we started living together since in our case this was inappropriate and unacceptable by our families and even some of our friends, we had to do everything possible to hide it. In doing so we have almost not evidence showing that we ever lived together and when I applied for my PR I was afraid to get rejected if I include her. I could not risk it because it was a draw after covid (December 2020). We thought since we cannot convince the officer that we are together then we should not mention it.
During that period, she applied 2 times to go to Canada( visit and study)and on both applications she used the real address ( where we lived togther). I also used the same addresses at that time when I applied on my PR application.
My question is, what should we do? Do I apply for sponsorship or do I do something else. Our main reason we are even immigrating is because our religious differences and our dangerous relationship that could actually cause major issue to both of our families if our governments find out about it. We even got married in Denmark for that reason because we are not allowed in each other's countries and not allowed to get married in her or my country. Pleas help us we are really under a lot of stress and anxiety bout this.

Thank you for reading all this

 

[scylla]

I obtained my PR status in September, 2022, then my fiancé and I decided to get married. We got married on Feb 02, 2023. Now I am trying to apply to sponsor her, but I have a situation that might pose serious problems.
We have been together since beginning of 2017. Staring around 2019 we started living together since in our case this was inappropriate and unacceptable by our families and even some of our friends, we had to do everything possible to hide it. In doing so we have almost not evidence showing that we ever lived together and when I applied for my PR I was afraid to get rejected if I include her. I could not risk it because it was a draw after covid (December 2020). We thought since we cannot convince the officer that we are together then we should not mention it.
During that period, she applied 2 times to go to Canada( visit and study)and on both applications she used the real address ( where we lived togther). I also used the same addresses at that time when I applied on my PR application.
My question is, what should we do? Do I apply for sponsorship or do I do something else. Our main reason we are even immigrating is because our religious differences and our dangerous relationship that could actually cause major issue to both of our families if our governments find out about it. We even got married in Denmark for that reason because we are not allowed in each other's countries and not allowed to get married in her or my country. Pleas help us we are really under a lot of stress and anxiety bout this.

Thank you for reading all this

There isn't going to be a clear answer for your situation.

It was a mistake not to include her in your PR application as your common law partner. You should have included her. Your application would not have been rejected due to lack of evidence that you are common law. Worst case scenario only she would have been rejected as a dependent and then there would have been no issue sponsoring her later after you became a PR.

Sponsoring her for PR through spousal sponsorship will likely be challenging since you did not declare her as a dependent in your application although you lived together for more than a year before you came to Canada. IRCC will likely challenge this.

Does she qualify to apply to immigrate on her own through EE or PNP?

 

[Ahmed12389]

At that time we did not know any of this. Also we talked to some lawyer and they said because we are doing something illegal (living together and no marriage) in this country, then we are committing a crime basically and Canada might not accept our application. She does not qualify on her own. She is above 30 and her points are low.
The other thing is there is not other option for us. Our situation sia critical one and we cannot live in our countries. What should we do? Like should we apply for asylum in this case or what. It is a sad thing and we are devastated.

 

[scylla]

At that time we did not know any of this. Also we talked to some lawyer and they said because we are doing something illegal (living together and no marriage) in this country, then we are committing a crime basically and Canada might not accept our application. She does not qualify on her own. She is above 30 and her points are low.
The other thing is there is not other option for us. Our situation sia critical one and we cannot live in our countries. What should we do? Like should we apply for asylum in this case or what. It is a sad thing and we are devastated.

This won't be considered as a crime in Canada. The concern / issue is that Canada will say you have committed misrepresentation because you failed to declare a common law partner in your application and will say you can never sponsor her for PR. You can always try sponsoring her and see what happens.

I cannot advise you on applying for asylum. This is a serious undertaking and your spouse would need to be able to prove persecution with evidence. Note that she can only submit a refugee claim from inside of Canada. This is not possible while she is outside of Canada. So first step would be to obtain a TRV and travel to Canada if she wants to claim asylum.

 

[Ahmed12389]

This won't be considered as a crime in Canada. The concern / issue is that Canada will say you have committed misrepresentation because you failed to declare a common law partner in your application and will say you can never sponsor her for PR. You can always try sponsoring her and see what happens.

I cannot advise you on applying for asylum. This is a serious undertaking and your spouse would need to be able to prove persecution with evidence. Note that she can only submit a refugee claim from inside of Canada. This is not possible while she is outside of Canada. So first step would be to obtain a TRV and travel to Canada if she wants to claim asylum.

Her case is valid and we can show that easily. But she probably will never get a TRV because we are married and she got refused 2 times before.

DO you think a lawyer could help?

 

[Jahlove2000]

@ahmed, I just stumbled on this public policy online " Pilot project to facilitate sponsorship of previously undeclared/not examined family members". I hope this applies to your situation.

 

[scylla]

@ahmed, I just stumbled on this public policy online " Pilot project to facilitate sponsorship of previously undeclared/not examined family members". I hope this applies to your situation.

It does not apply. This program is only open to those who immigrated through a family sponsorship application or through a refugee program. It does not apply to individuals who immigrated through an economic immigration program. OP immigrated through an economic immigration program.

 

[scylla]

Her case is valid and we can show that easily. But she probably will never get a TRV because we are married and she got refused 2 times before.

DO you think a lawyer could help?

A lawyer can certainly help to advise you on your situation.

 

[Ponga]

In doing so we have almost not evidence showing that we ever lived together and when I applied for my PR I was afraid to get rejected if I include her. I could not risk it because it was a draw after covid (December 2020). We thought since we cannot convince the officer that we are together then we should not mention it.

This is the part that is problematic; you appear to have known [then] that you had a common-law partner but made the decision (as difficult as it may have been) to not include her in your application. IRCC may or may not accept your explanation (some might call an excuse) when asked why you did not include her, but their policy regarding failure to disclose a common law partner, may be a difficult one to reverse.

As suggested by @scylla you should at least talk with an experienced legal professional. The law firm that generously provides these free forums has their contact numbers at the top of the main page.

Good luck!

 

[Ahmed12389]

Is there any case like mine where lawyer helped? Andy idea of a good lawyer that had experience with this?

 

[ERimis]

You may want to try the conjugal partner option. Based on "shared shelter" and "societal perception of the two as a couple" two stated grounds, added to "sexual and personal behaviour" and "economic support" between you, you could try to define your now legal spouse(still illegal in your country) was your conjugal partner and not eligible nor possible to be included in your original application.

You can use proving docs such as religious barriers and Denmark marriage certificate alike to write down your story. Though your spouse has used your common address in the TRV application, it does not necessarily mean you have stepped into a common-law relationship thereupon. Rather, it may state as a commitment between you two in recognizing each other.

The whole logic chain has to be clearly connected and proved by solid proof in convincing the officer.

 

[scylla]

You may want to try the conjugal partner option. Based on "shared shelter" and "societal perception of the two as a couple" two stated grounds, added to "sexual and personal behaviour" and "economic support" between you, you could try to define your now legal spouse(still illegal in your country) was your conjugal partner and not eligible nor possible to be included in your original application.

You can use proving docs such as religious barriers and Denmark marriage certificate alike to write down your story. Though your spouse has used your common address in the TRV application, it does not necessarily mean you have stepped into a common-law relationship thereupon. Rather, it may state as a commitment between you two in recognizing each other.

The whole logic chain has to be clearly connected and proved by solid proof in convincing the officer.

They are already married, so conjugal won't work. Non-starter.

 

[ERimis]

They are already married, so conjugal won't work. Non-starter.

I am not saying to suggest using a conjugal partner in the Sponsorship application, but to define the relationship as such in the story.

 

[scylla]

I am not saying to suggest using a conjugal partner in the Sponsorship application, but to define the relationship as such in the story.

I see what you mean however conjugal has a specifici definition for IRCC (can't live together, can't get married). They lived together.

To me the core issue is still that they lived togther / shared the same address - seems like that was probably for 3 years or close to three years before the OP came to Canada.

 

[armoured]

Is there any case like mine where lawyer helped? Andy idea of a good lawyer that had experience with this?

Define 'helped.'

If you mean, solved all your problems and made them go away like magic - then no, probably not.
If you mean, gave you advice and help you make better decisions and present your case as best as possible - yes, plenty of cases.