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Can one person in a married couple apply individually, and then sponsor spouse?

scylla

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Asivad Anac said:
At any point in time AFTER eAPR but BEFORE landing in Canada would be fine.
Nope. If you get married anytime before landing in Canada and becoming a PR, your spouse MUST be added to your application - and your spouse must pass both the medical and security/background checks (regardless of whether they are accompanying or non-accompanying). Failure to do so is misrepresentation. It means you will never be able to sponsor your spouse. And if at any point CIC finds out you got married and then landed without adding your spouse to your application - your PR and even your citizenship could be revoked. The COPR specifically states that ANY changes in family composition (e.g. getting married, becoming common law) must be reported to CIC before landing.

We see several cases in the Family Sponsorship section of the forum each year where single people get their COPR, get married and then land in Canada without adding their spouse to their application first (again, either as accompanying or non-accompanying). There is nothing that can be done to fix this misrepresentation once it happens - the spouse can never be sponsored. If you don't want your marriage to in any way impact your PR application - the ONLY option is to get married after landing and becoming a PR.

Failing to add a spouse to your application before you land is a great way to ruin your life.
 

Asivad Anac

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scylla said:
Nope. If you get married anytime before landing in Canada and becoming a PR, your spouse MUST be added to your application - and your spouse must pass both the medical and security/background checks (regardless of whether they are accompanying or non-accompanying). Failure to do so is misrepresentation. It means you will never be able to sponsor your spouse. And if at any point CIC finds out you got married and then landed without adding your spouse to your application - your PR and even your citizenship could be revoked. The COPR specifically states that ANY changes in family composition (e.g. getting married, becoming common law) must be reported to CIC before landing.

We see several cases in the Family Sponsorship section of the forum each year where single people get their COPR, get married and then land in Canada without adding their spouse to their application first (again, either as accompanying or non-accompanying). There is nothing that can be done to fix this misrepresentation once it happens - the spouse can never be sponsored. If you don't want your marriage to in any way impact your PR application - the ONLY option is to get married after landing and becoming a PR.

Failing to add a spouse to your application before you land is a great way to ruin your life.
That was a follow-up response to an earlier question series where the OP was advised to add their spouse to their application. Of course, they can get married and then bring it to CIC's notice and CIC explicitly allows the spouse to be included in the application before landing.

Not sure what I missed.
 

scylla

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Asivad Anac said:
That was a follow-up response to an earlier question series where the OP was advised to add their spouse to their application. Of course, they can get married and then bring it to CIC's notice and CIC explicitly allows the spouse to be included in the application before landing.

Not sure what I missed.
The person asked: at what stage (ITA, eAPR, COPR etc.)should i get married so that my process doesnt get affected? so that i can sponsor my spouse as PR and so that i dont have to include her in the application?

You responded with: At any point in time AFTER eAPR but BEFORE landing in Canada would be fine.

The correct answer is: Only after landing and becoming a PR. The person who posted the question specifically asked at what stage should they get married so that they don't have to include their spouse in the application and impact the processing of their file. The only answer is (once agian) after they land and become a PR. If they get married any earlier, the spouse must be added to the application, pass the medical and security/background checks - all of this creates delays to the processing of the applicaiton.
 

scylla

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Oh - and just in case anyone doubts what I have said above, here are two discussions from the Family Sponsorship section of the forum that deal with spouses who were not declared before landing (these are just examples - there are certainly many more):

http://www.canadavisa.com/canada-immigration-discussion-board/-t12373.0.html

http://www.canadavisa.com/canada-immigration-discussion-board/-t125818.0.html
 

Asivad Anac

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scylla said:
The person asked: at what stage (ITA, eAPR, COPR etc.)should i get married so that my process doesnt get affected? so that i can sponsor my spouse as PR and so that i dont have to include her in the application?

You responded with: At any point in time AFTER eAPR but BEFORE landing in Canada would be fine.

The correct answer is: Only after landing and becoming a PR. The person who posted the question specifically asked at what stage should they get married so that they don't have to include their spouse in the application and impact the processing of their file. The only answer is (once agian) after they land and become a PR. If they get married any earlier, the spouse must be added to the application, pass the medical and security/background checks - all of this creates delays to the processing of the applicaiton.
My bad. Was answering the question 'inside' my head.

To the OP, you can get married anytime (even AFTER eAPR and BEFORE you land in Canada) but you will have to include your spouse in your current PR application. That might delay the process for you as well but it is the right thing to do. Apologies if this wasn't clear in my earlier response.
 

vipulgoyal88

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May 6, 2015
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my question is, at what point in the process, marriage wouldnt lead to recalculation of my points. I am okay with background checks and all, but marriage would lead to a decline in my points which is currently estimated at 456. So at what point can i get married and include my spouse without affecting my score. Or in other words, at what point does the score become irrelevant? i am okay with some delay but not with recalculation of my score post marriage
 

scylla

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vipulgoyal88 said:
my question is, at what point in the process, marriage wouldnt lead to recalculation of my points. I am okay with background checks and all, but marriage would lead to a decline in my points which is currently estimated at 456. So at what point can i get married and include my spouse without affecting my score. Or in other words, at what point does the score become irrelevant?
My answer would remain the same - I would wait until after landing.

If you look through the skilled worker section, you'll see examples where people reached the 67 point mark required to qualify for FSW due to spousal points - and then divorced their spouse prior to landing and removed their spouse from their application causing their total points to drop below 67. Guess what happened? CIC canceled their application and/or COPR. If you try removing or adding a spouse under EE, I think there is a risk CIC may say this is a material change that impacts your application. I wouldn't risk it.
 

Asivad Anac

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scylla said:
My answer would remain the same - I would wait until after landing.

If you look through the skilled worker section, you'll see examples where people reached the 67 point mark required to qualify for FSW due to spousal points - and then divorced their spouse prior to landing and removed their spouse from their application causing their total points to drop below 67. Guess what happened? CIC canceled their application and/or COPR. If you try removing or adding a spouse under EE, I think there is a risk CIC may say this is a material change that impacts your application. I wouldn't risk it.
Very valid advise. But CIC does state that AFTER issue of eAPR, adding a family member doesn't invalidate the application UNLESS said family member was part of the family BEFORE receiving eAPR and was undeclared - that would be misrepresentation.

...A11.2 does not apply when an applicant adds a family member to their application after e-APR; however, the family member will have to be assessed and the principal applicant must provide CIC with the Additional Family Information (PDF, 583.68 KB) form and pay the applicable fees online.

That does appear to indicate that if an applicant gets married AFTER eAPR, the spouse can be added to the application without any recalculations.

Source ---> http://www.cic.gc.ca/english/resources/tools/perm/express/refuse.asp
 

vipulgoyal88

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can i marry her after landing, if she comes to canada on a tourist visa? sorry for the multiple questions, but it materially affects 2 major events in my life (marriage/Canadian PR).
 

Asivad Anac

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vipulgoyal88 said:
can i marry her after landing, if she comes to canada on a tourist visa? sorry for the multiple questions, but it materially affects 2 major events in my life (marriage/Canadian PR).
After you land in Canada, you can marry them in Canada or your home country or anywhere else. But they can't stay back in Canada permanently on a tourist visa. You'll have to sponsor them under family class, that process takes 12-24 months.
 

yelena

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Asivad Anac said:
Very valid advise. But CIC does state that AFTER issue of eAPR, adding a family member doesn't invalidate the application UNLESS said family member was part of the family BEFORE receiving eAPR and was undeclared - that would be misrepresentation.

...A11.2 does not apply when an applicant adds a family member to their application after e-APR; however, the family member will have to be assessed and the principal applicant must provide CIC with the Additional Family Information (PDF, 583.68 KB) form and pay the applicable fees online.

That does appear to indicate that if an applicant gets married AFTER eAPR, the spouse can be added to the application without any recalculations.

Source ---> http://www.cic.gc.ca/english/resources/tools/perm/express/refuse.asp
Do you think this is also true with accompanying / non acompanying spouse? Can you change them to accompanying without it affecting your points?
Non accompanying spouses have to do medical and pcc , you would think they would allow this change.
i think they will change the crs at some point as a lot of people will go this way and end up sponsoring their spouses. It will just prolong the process.
 

Asivad Anac

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yelena said:
Do you think this is also true with accompanying / non acompanying spouse? Can you change them to accompanying without it affecting your points?
Non accompanying spouses have to do medical and pcc , you would think they would allow this change.
i think they will change the crs at some point as a lot of people will go this way and end up sponsoring their spouses. It will just prolong the process.
No. That will be misrepresentation. You can't change spouse to 'accompanying' during the process after declaring them as 'not accompanying' because that won't be considered as a change in family composition but a deliberate attempt to mislead CIC. In fact, that would lead to a reassessment of your application and your application would be cancelled in the light of this change.
 

TRUENORTH_4M_C2C

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Hello guys, i have few questions to ask... (sorry for posting in an old thread)

I can understand that the process will be delayed after adding a spouse. Can anyone tell me how long will it be? more than 3 months?

My next question is, how soon can someone get married after landing? and how long will it take to receive PR card after landing?

Your quick responses may save my life..thanks :D