Marriage fraud

[Anjho11]

Not only does he cannot sponsor his son for rest of his life, he cannot as a landed PR spouse sponsor any other spouse/common law himself until 5 years after he landed as PR. Another 3 years 5 months to go before he can legally sponsor
Is it true? Even he had a case to the immigration.

 

[Anjho11]

I mean is it true even he had a case for cheated me and lied to the immigration regarding his son that he didn't declared that he has a son. And still ongoing the processing of our case in the immigration.

 

[screech339]

I mean is it true even he had a case for cheated me and lied to the immigration regarding his son that he didn't declared that he has a son. And still ongoing the processing of our case in the immigration.

Regardless of the outcome of his case with immigration, PR sponsorship rules still applies. He will never succeed in being able to sponsor his son. If he succeeds in keeping his PR status despite marriage fraud, he will still never be able to sponsor his son, regardless. If he wants to sponsor his son, he will have to voluntary renounce his own PR status, start over again and add his son to his PR application again. Otherwise his efforts to stay will likely end up with IRCC finding him guilty of mispresentation and be stripped of his PR status.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

Who can’t become a sponsor
You can’t be a sponsor if you:

• have failed to pay:
  • an immigration loan
  • a performance bond
  • family support payments

• have failed to provide for the basic needs of a previously-sponsored relative who received social assistance

• are under a removal order

• are in a penitentiary, jail, reformatory or prison

• receive social assistance for a reason other than a disability

• are still going through the process of bankruptcy (undischarged bankruptcy)

• were sponsored by a spouse or partner and you became a permanent resident less than five years ago

• sponsored a previous spouse or partner and three years have not passed since this person became a permanent resident

• have already applied to sponsor your current spouse, partner or child and a decision on your application hasn’t been made yet

• were convicted of a violent or sexual offence, or an offence that caused bodily harm to a relative—or you attempted or threatened to commit any of these offences

 

[Torablack]

I have sympathy for you as I hear this story so many times and personally know and distance myself from people committing marriage fraud to have status in Canada. It is a shame but a bigger shame that the government is not stripping those who clearly commit these offences. I guess the cost to administrate this exceeds the value as it will just be wasting tax dollars. I really do wish you the best and move on as bitterness will have a greater toll on you then you think.

 

[gbu]

Hi good day!. I just want to share my story. I sponsored my husband last 2016. Then he landed last year April 2017. We're leaving together back home since 2008 as common law. Then we decided to get married last June 2015. When he landed here last April 2017. He left me on July 2017. And then he told me everything in the cellphone that he has another woman and his son to her in Philippines. In other words he cheated me. So I report to immigration and to Canada Boarder about that last September. He didn't declared to immigration that he has a son. Every month I emailed the immigration regarding of my complaint to my husband but still no update yet. And last week I received the divorced paper from my husband lawyer. I don't know what to do? Because I don't have enough money to get the lawyer. I want to depend myself to him. All his accusations to me are all lies. I tried to call the legal aid but nobody answer the phone.
Please help what can I do.

How long you live together as a common law in Philippine? and How long you live together in Canada?

 

[Anjho11]

How long you live together as a common law in Philippine? and How long you live together in Canada?

In Philippines we are living together since 2008 to 2011 before I came here. And then I had vacation last 2013 for 1 month And vacation again last 2015 for 7 weeks. The year when we got married. And he landed last April 2017. We are living together for 2 months last year.

 

[zt2018]

In Philippines we are living together since 2008 to 2011 before I came here. And then I had vacation last 2013 for 1 month And vacation again last 2015 for 7 weeks. The year when we got married. And he landed last April 2017. We are living together for 2 months last year.

What are the immigration program codes in your confirmation of PR and your ex-spouse's confirmation of PR?

 

[Anjho11]

What are the immigration program codes in yor confirmation of PR and your ex-spouse's confirmation of PR?

Must cohabit in a conjugal relationship with your sponsor for continuous period of 2 years after the day on which became PR. For me i dont have any conditions because I landed as a caregiver.

 

[singleman]

Must cohabit in a conjugal relationship with your sponsor for continuous period of 2 years after the day on which became PR. For me i dont have any conditions because I landed as a caregiver.

This was wiped out by present party?

 

[Anjho11]

This was wiped out by present party?

Nope..he landed April 3, 2017..but the new law about condition to spon

 

[Anjho11]

This was wiped out by present party?

I mean he landed April 3, 2017. And the new law about condition to sponsored is effective last April 17, 2017.

 

[canuck_in_uk]

I mean he landed April 3, 2017. And the new law about condition to sponsored is effective last April 17, 2017.

Condition 51 was repealed.

 

[Anjho11]

Condition 51 was repealed.

Yes it was repealed last April 17, 2017..as I've said he landed April 3, 2017 from that time the condition 51 is still in the law.

 

[canuck_in_uk]

Yes it was repealed last April 17, 2017..as I've said he landed April 3, 2017 from that time the condition 51 is still in the law.

It doesn't matter when he landed. The repeal was retroactive.

 

[gbu]

In Philippines we are living together since 2008 to 2011 before I came here. And then I had vacation last 2013 for 1 month And vacation again last 2015 for 7 weeks. The year when we got married. And he landed last April 2017. We are living together for 2 months last year.

Your allegation is weak for following reasons-
1) Your total cohabitation -
Before PR in Philippines - Around 3 year 3 months
After PR in Canada - 2 Months
2) You know the person since 2008 and you were in a conjugal relationship for a long time. Although you were living in Canada since 2011 but your 2013 and 2015 vacation proves that you have a steady relationship with your husband.
3) It is more logical that you can not be cheated by someone whom you know almost 9 years.

It is possible that your actual relationship might gradually t broke down slowly after you came to Canada. Your sponsored spouse might involved in another relationship but used your previous relationship to gain Canadian PR and that's why he broke up with you just after landing. If this is the case then you might have a chance.

But there is also a second thought of your story-
You and your husband might willingly conduct a "Marriage of Convenience" in order to facilitate your fake husband's PR in first phase and later in the second phase your fake husband will bring his biological child and the mother of that biological child. Something like "Chain Migration". It is very hard to believe that you know a person for 9 years but you did not know that he had a child or he had a relationship with the biological mother of his biological child. May be your fake husband did not mention her child in his PR application because he did not want to put his PR application in jeopardy. Now your husband is divorcing you and going to marry the biological mother of his biological child and bringing both in Canada.