Spouse sponsorship - missing declaration

[Nohaesmat]

I have seen post that spousal sponsorship was denied because of marriage declaration time .
My case as follow : my COPR was issued on nov 2019 , I was divorced at that moment and I declared it and received the COPR as divorced and I was remarried on March 2020 and did the first landing on July 2020 but I wasn’t asked about my marital status , and I thought that the declaration is requested before issuing the COPR, now I have my spouse sponsorship file on processing , didn’t receive AOR yet , don’t know what to expect
Is it misrepresentation? Will spouse sponsorship be rejected for that !
I didn’t have any intention to hide any information and I was never asked , I thought that declaration is a must befor copr only . Any clue ?

 

[scylla]

I have seen post that spousal sponsorship was denied because of marriage declaration time .
My case as follow : my COPR was issued on nov 2019 , I was divorced at that moment and I declared it and received the COPR as divorced and I was remarried on March 2020 and did the first landing on July 2020 but I wasn’t asked about my marital status , and I thought that the declaration is requested before issuing the COPR, now I have my spouse sponsorship file on processing , didn’t receive AOR yet , don’t know what to expect
Is it misrepresentation? Will spouse sponsorship be rejected for that !
I didn’t have any intention to hide any information and I was never asked , I thought that declaration is a must befor copr only . Any clue ?

Your sponsorship application is going to be refused. Unfortunately it was madnatory that you add your spouse to your application before landing and becoming a PR. Your spouse will need to qualify for PR on their own.

 

[armoured]

... and did the first landing on July 2020 but I wasn’t asked about my marital status , and I thought that the declaration is requested before issuing the COPR, now I have my spouse sponsorship file on processing , didn’t receive AOR yet , don’t know what to expect
Is it misrepresentation? Will spouse sponsorship be rejected for that !

You signed your COPR on landing and it had a section on dependents, almost certainly including the phrase 'have you any dependents other than those listed below?' and then a space for you to sign saying 'I certify the above statements are true and correct etc.' (I can say that in our own landing the CBSA officer asked us to review and check and specifically said about other depdnents, although that was not required of him).

So yes, you were asked, and you misrepresented (even if unintentional). The language on the COPR is clear.

In this case the likely consequences are only that you will not be able to sponsor your spouse, i.e. your application will be refused.

 

[Nohaesmat]

do you think it worth the wait or shall i withdraw the application now ? is there anyway its accepted ? i think it will be hard to qualify for PR of his own due to age 43 years ! is it hard to find an LMIA ?

 

[armoured]

do you think it worth the wait or shall i withdraw the application now ? is there anyway its accepted ? i think it will be hard to qualify for PR of his own due to age 43 years ! is it hard to find an LMIA ?

I do not have a good answer - withdrawing may return your money but not much else.

You could see a lawyer but the chances of success are (reportedly) low in challenging such determinations.

 

[scylla]

do you think it worth the wait or shall i withdraw the application now ? is there anyway its accepted ? i think it will be hard to qualify for PR of his own due to age 43 years ! is it hard to find an LMIA ?

Withdraw and get your fees back. The application is going to be refused.

LMIAs aren't the easiest to get but that doesn't mean it's not possible. It can also depend on your spouse's profession and work experience. Unfortunately his age is going to work against him in qualifying on his own. But that's the only path now. You will never be able to sponsor him.

 

[Nohaesmat]

You signed your COPR on landing and it had a section on dependents, almost certainly including the phrase 'have you any dependents other than those listed below?' and then a space for you to sign saying 'I certify the above statements are true and correct etc.' (I can say that in our own landing the CBSA officer asked us to review and check and specifically said about other dependants, although that was not required of him).

So yes, you were asked, and you misrepresented (even if unintentional). The language on the COPR is clear.

In this case the likely consequences are only that you will not be able to sponsor your spouse, i.e. your application will be refused.

i never know anything about sponsorship at this moment and my understanding for dependants is my kids , that is what i totally understood

 

[Nohaesmat]

Withdraw and get your fees back. The application is going to be refused.

LMIAs aren't the easiest to get but that doesn't mean it's not possible. It can also depend on your spouse's profession and work experience. Unfortunately his age is going to work against him in qualifying on his own. But that's the only path now. You will never be able to sponsor him.

thank you , its really difficult , we had moved to canada since 3 month , and i never thought something like this will happen , i thought dependants means my kids not my spouse . so u dont think of giving it a try to prove my good intention ??

 

[scylla]

thank you , its really difficult , we had moved to canada since 3 month , and i never thought something like this will happen , i thought dependants means my kids not my spouse . so u dont think of giving it a try to prove my good intention ??

Your spouse is a dependent.

It was mandatory that you add your spouse to your application before becoming a PR and also get a new COPR showing that you are married. Adding your spouse to your application would have involved having him complete and pass the medical, provide PCCs, etc. The letter you received with your COPR stated that it was mandatory to declare any significant changes to family composition before landing. Getting married is a significant change to family composition.

Unfortunately good intentions are irrelevant.

Because you failed to declare your spouse, your spouse is no longer recognized as dependent or family member and cannot be sponsored.

You are free to try but this is going to end in a refusal.

If you want to go ahead with the application, make sure you are also making plans for what you will do when the application is refused. You are going to need that back-up plan.

 

[Nohaesmat]

Your spouse is a dependent.

It was mandatory that you add your spouse to your application before becoming a PR and also get a new COPR showing that you are married. Adding your spouse to your application would have involved having him complete and pass the medical, provide PCCs, etc. The letter you received with your COPR stated that it was mandatory to declare any significant changes to family composition before landing. Getting married is a significant change to family composition.

Unfortunately good intentions are irrelevant.

Because you failed to declare your spouse, your spouse is no longer recognized as dependent or family member and cannot be sponsored.

You are free to try but this is going to end in a refusal.

If you want to go ahead with the application, make sure you are also making plans for what you will do when the application is refused. You are going to need that back-up plan.

i have a last question , can i sponsor my spouse after i become Canadian citizen , or it is forever i cant sponsor him ?

 

[scylla]

i have a last question , can i sponsor my spouse after i become Canadian citizen , or it is forever i cant sponsor him ?

Unfortunately becoming a Canadian citizen won't change anything. You still won't be able to sponsor.

 

[armoured]

i never know anything about sponsorship at this moment and my understanding for dependants is my kids , that is what i totally understood

The very first field under personal details is Marital Status. That field saying 'single' instead of married was not truthful when you signed it. As noted, the letter you received with the copr also warned that you must update marital status/family composition.

 

[Rahim khan]

i never know anything about sponsorship at this moment and my understanding for dependants is my kids , that is what i totally understood

hello any update regarding your spouse sponsorship?