Sponsor my wife

[omar4104]

Hi
Appreciate your help if i can sponsor my wife while knowing below facts:-
*I am a Canadian and currently living outside of Canada
*mistakenly i did not declare her while i made my landing back in 2001- knowing that Section 117(9)(d) of
the Immigration and Refugee Protection Regulation was as i believe introduced in mid of 2002 i.e my non declaration was before the act
*we have 4 kids and all are Canadian

Thanks

 

[Rob_TO]

Unfortunately there are many cases on record of people landing as PRs well before IRPA was put into force (in 2002), yet when trying to sponsor non-declared family members they were denied in app and denied on appeal.

Here is just 1 such case (first one that popped up in Canlii) out of many. Sponsor landed as PR in 1999 as single even though they had a spouse/child, and was denied when trying to sponsor them later. IRCC and IAD seem to use current IRPA rules, regardless of when they originally landed as PR: https://www.canlii.org/en/ca/irb/doc/2004/2004canlii56687/2004canlii56687.html?resultIndex=1

So expect your case will be incredibly difficult, and it's possible you may never be able to sponsor your wife to Canada, ever. You should consult with a lawyer and be prepared to go through lengthy appeal process.

 

[omar4104]

Appreciated

But I wender how come they treat her as she is not part of the family while at the time of landing 2001 such law was not their

 

[scylla]

Appreciated

But I wender how come they treat her as she is not part of the family while at the time of landing 2001 such law was not their

The law is retroactive. It applies to everyone - both before and after the date it was put in place.

 

[DollyM]

Appreciated

But I wender how come they treat her as she is not part of the family while at the time of landing 2001 such law was not their

But I wonder how come someone can "mistakenly forget" that they have a wife when they apply to live in another country? Or when they do their landing.