can a citizen file for undeclared spouse

[makisabrina]

Hello everyone

My husband did not declare he was marries when filing for PR because we were not married yet. After we got married, he did not declare.
I am currently in Canada with my kids on visit visa. We are planning to apply for H&C on spousal sponsorship

My husband wants us to go back and wait till he becomes a citizen and then he can file.

My question is this, can he still file for me when he becomes a citizen as I was never mentioned in his PR application.

 

[zardoz]

Hello everyone

My husband did not declare he was marries when filing for PR because we were not married yet. After we got married, he did not declare.
I am currently in Canada with my kids on visit visa. We are planning to apply for H&C on spousal sponsorship

My husband wants us to go back and wait till he becomes a citizen and then he can file.

My question is this, can he still file for me when he becomes a citizen as I was never mentioned in his PR application.

If you were legally married on the date that he became a permanent resident and not declared in his application, he has committed misrepresentation and he can never sponsor you as a member of the Family Class. It makes NO difference if he becomes a Canadian citizen or not.

 

[Rob_TO]

Hello everyone

My husband did not declare he was marries when filing for PR because we were not married yet. After we got married, he did not declare.
I am currently in Canada with my kids on visit visa. We are planning to apply for H&C on spousal sponsorship

My husband wants us to go back and wait till he becomes a citizen and then he can file.

My question is this, can he still file for me when he becomes a citizen as I was never mentioned in his PR application.

Filing a H&C case will not work since you are not recognized as a member of the family class due to not being declared. Whether he's a citizen or PR is completely irrelevant. Assuming the children were born after they landed, only they can be sponsored under regular family class app.

Also any activity your husband pursues on this with CIC, just points them to his own misrepresentation and could lead to his own PR being rejected.

Most likely if your husband wants to keep his PR status, you will be separated forever unless you have skills/education to immigrate independently.

Alternatively if he renounces his own PR status and leaves Canada, he can try to apply again from scratch if he qualifies for any current PR streams, this time including you in the app.