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Undeclared marriage at the time my wife got her PR

Capricornbird

Full Member
Jul 28, 2024
21
0
Hello all. My wife who is a PR and is in canada applied for my spousal sponsorship however now we got to know that if someone at the time when their PR is in process get married they need to declare that , which she did not. What should be the way forward as i have two kids 5 and 7 years old who are canadian nationals. Can we try H and C ? Kindly expert opinion needed
 

scylla

VIP Member
Jun 8, 2010
96,283
22,432
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello all. My wife who is a PR and is in canada applied for my spousal sponsorship however now we got to know that if someone at the time when their PR is in process get married they need to declare that , which she did not. What should be the way forward as i have two kids 5 and 7 years old who are canadian nationals. Can we try H and C ? Kindly expert opinion needed
So are you saying that the two of you got married before she landed and became a PR but that she didn't declare you in her application (and you didn't complete the medical or provide PCCs as part of her application)?
 

Capricornbird

Full Member
Jul 28, 2024
21
0
I was never a part of her application. We got married while my wifes PR case was in process and when she got PR and landed in canada she didnt declare that she is married. Tbh we didnt know the consequences and someone told her if she declares she will not be allowed to enter canada. We are married for 9 years with two kids canadian nationals. Now they want to live there, would H and C work? What best options i have got
 

scylla

VIP Member
Jun 8, 2010
96,283
22,432
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I was never a part of her application. We got married while my wifes PR case was in process and when she got PR and landed in canada she didnt declare that she is married. Tbh we didnt know the consequences and someone told her if she declares she will not be allowed to enter canada. We are married for 9 years with two kids canadian nationals. Now they want to live there, would H and C work? What best options i have got
When did she become a PR?
 

scylla

VIP Member
Jun 8, 2010
96,283
22,432
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
In june 2016 and we married in oct 2015
Probably a good idea to speak with an immigration lawyer. But you should assume the sponsorship application will be refused and you will need to qualify for PR on your own through an economic immigration program.
 

Copingwithlife

VIP Member
Jul 29, 2018
4,530
2,275
Earth
Plus when she landed she would have been asked did anything change ?
Example marital status
Onus was on her to declare you

Why didn’t she ?

And you didn’t answer the question

Where has she been living all this time ?
 

armoured

VIP Member
Feb 1, 2015
17,596
9,122
yes she has applied for PR card replacement as her previous card was destroyed because she was out of canada at that time
How much time (how many days) has she been in Canada in the last five years? As of today.

Is it most correct for us to assume that she has actually not been living in Canada that much?

Frankly I think this is all getting so complicated that you need a lawyer to whom you can tell the truth about all this stuff, and not disclose drip by drip.
 
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Capricornbird

Full Member
Jul 28, 2024
21
0
Yes i have consulted a lawyer and the only option i have is a spousal sponsorship with h and c grounds thats what i have been told . However the processing time for such an application is around 2 to 3 years eith little chances of success.
 

canuck78

VIP Member
Jun 18, 2017
56,128
13,715
Yes i have consulted a lawyer and the only option i have is a spousal sponsorship with h and c grounds thats what i have been told . However the processing time for such an application is around 2 to 3 years eith little chances of success.
You keep avoiding the question about how long your spouse has spent living in Canada since getting PR. What about the past 5 years? Did she get a PRTD to return to Canada? Was it based on H&C? Why are you wanting to move to Canada now? That would likely imply your wife has not been living in Canada full-time.
 
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armoured

VIP Member
Feb 1, 2015
17,596
9,122
Yes i have consulted a lawyer and the only option i have is a spousal sponsorship with h and c grounds thats what i have been told . However the processing time for such an application is around 2 to 3 years eith little chances of success.
I doubt there is much anyone here can add beyond what your lawyer has suggested.
 

Capricornbird

Full Member
Jul 28, 2024
21
0
She got PR in 2016 and in 2021 she applied for nenewal of PR after completing two years in canada , however she was asked to collect PR card personally and after 180 days it was discarded, she went through PRTD in 2024 start and applied for reissuance of PR card. The thing is she wants to live there so i have no choice but to try different ways to go there, as my kids are also in this situation.