Am I still eligible for spousal immigration

[Lauralbank]

Respected Seniors

I need guidance regarding my difficult situation.
My spouse applied for my visa in 2011 n it was refused. We went for appeal n won the appeal.
Before the case was transferred to local embassy. I filed a case for diivorce because I was having too many issues with my spouse. I wanted to inform CIC about the progress of my case but I didn't have access to anything and I was not aware to whom or where I need to contact.
Meanwhile I was granted decision in my favour and my marriage was declared as void. But after 2 months of the decision due to family and social pressure I applied to court to cancel the previous orders and It was granted. Meanwhile local embassy asked for remedial n other documents. They started requesting since November n gave extension 3 times but my husband didn't inform them what's going on. Now we have last chance and last week I have done my remedial.
Now I am much worried.
Is this mis-representation as we hide things from CIC and didn't inform them either about court case or decision of divorce by court?
Is this mandatory to inform CIC at initial stage if someone contacts court for divorce.
Am I still eligible to proceed with spousal immigration, keeping in view the fact that court accepted my request for dissolution of marriage and granted divorce.
What are the consequences if CIC come to know these facts by their own?

Please advice me.

 

[susana]

Respected Seniors

I need guidance regarding my difficult situation.
My spouse applied for my visa in 2011 n it was refused. We went for appeal n won the appeal.
Before the case was transferred to local embassy. I filed a case for diivorce because I was having too many issues with my spouse. I wanted to inform CIC about the progress of my case but I didn't have access to anything and I was not aware to whom or where I need to contact.
Meanwhile I was granted decision in my favour and my marriage was declared as void. But after 2 months of the decision due to family and social pressure I applied to court to cancel the previous orders and It was granted. Meanwhile local embassy asked for remedial n other documents. They started requesting since November n gave extension 3 times but my husband didn't inform them what's going on. Now we have last chance and last week I have done my remedial.
Now I am much worried.
Is this mis-representation as we hide things from CIC and didn't inform them either about court case or decision of divorce by court?
Is this mandatory to inform CIC at initial stage if someone contacts court for divorce.
Am I still eligible to proceed with spousal immigration, keeping in view the fact that court accepted my request for dissolution of marriage and granted divorce.
What are the consequences if CIC come to know these facts by their own?

Please advice me.

You must inform CIC about your divorce as soon as possible. You have a file number as you have requested extensions three times . Same way you requested extensions, same way you can inform CIC . Don't tell us you dont have a way to inform CIC. You have done your medicals again, meaning you are willing to commit fraud same as your ex-husband .

You are not longer a member of the family class and you are not longer elegible for sponsorship.

If you do not inform CIC of course is misrepresentation , you are not longer married so you will commit marriage fraud if you keep quiet.

If you decide to keep hiding facts to CIC you will eventually being caught and you will be banned from Canada for five years, charged with marriage fraud and deported from Canada .

 

[susana]

Marriage fraud is a criminal charge ...both of you will be charged if caught .

 

[canadianwoman]

What country was this in?
Are you considered to be married now in your own country, given that the court cancelled the divorce order?
Are you in a good relationship with your (ex) husband, such that you plan to live with him if you get PR?

 

[Lauralbank]

What country was this in?
Are you considered to be married now in your own country, given that the court cancelled the divorce order?
Are you in a good relationship with your (ex) husband, such that you plan to live with him if you get PR?

This is case in Pakistan.
Yes court has cancelled the previous order of dissolution of marriage. So according to law I m married again. But with a condition according to my religion that I have to solemnised Islamic nikah again.
I m not sure as my intent is not visa but my family pressurised me to go for reconciliation. I don't know whether we could have smooth married life or not. As over the last five years, we were not on talking terms for 3 years in different episodes.
If I m married again according to law even though once divorce was granted. What are the consequences?

Please guide me. It's really complicated situation.

 

[Lammawitch]

I'm not sure that this is primarily an immigration issue .

If you do not want to immigrate to Canada, but you think your husband/someone is applying for a spousal visa for you, contact CIC:

http://www.cic.gc.ca/english/information/protection/fraud/report.asp Or your local visa office.

If you are being pressured into remarrying, and/or are frightened of possible threats/repercussions because of this, there are organisations that can help. PM me.

Also, if you are scared about any pressure on you regarding your marriage or immigration, make sure your means of accessing the Internet is secure, and delete history & cookies after each access.

 

[susana]

This is case in Pakistan.
Yes court has cancelled the previous order of dissolution of marriage. So according to law I m married again. But with a condition according to my religion that I have to solemnised Islamic nikah again.
I m not sure as my intent is not visa but my family pressurised me to go for reconciliation. I don't know whether we could have smooth married life or not. As over the last five years, we were not on talking terms for 3 years in different episodes.
If I m married again according to law even though once divorce was granted. What are the consequences?

Please guide me. It's really complicated situation.

if the divorce has been granted , you are not married, you are divorced. You are not longer eligible to be sponsored . As your marriage is not solemnisws you are not legally married. How can you be married and divorced at the same time ?
Keep in mind that if you come to Canada under spousal sponsorship you must cohabite with your sponsor for two years in order to keep your PR.
No one can force you to keep lying to CIC . Consequences of marriage fraud are not a walk in the park or a slap in your hand , if you were granted a divorce you are not longer married. Inform CIC as soon as possible .

 

[canadianwoman]

In many cases (but not all), CIC says that the nikah has to be solemnized before they will recognize the marriage. Since you have not re-solemnized the nikah, CIC might not regard you as married.

However, if the visa office finds out about the divorce, the cancellation of the divorce, and your marital problems - even if they decide your marriage is legally valid - they will have grounds to refuse the PR visa. The problem for them is you won your appeal - I am assuming the issue was the genuineness of the relationship. It was found genuine at the appeal. However, a relationship could break down after the appeal but before the issuance of the visa.

It sounds like you have not really reconciled with your husband, and do not want to live with him in Canada. If this is the case, you should really tell the visa office this, and no PR visa will be issued. If the situation is as Lammawitch described, though, take his or her advice.