Changing status

[mehrdado]

I’ve sponsored my family including my 21 (22 in the next month) brother who is working in an office (he is not a full time student – he is a clerk). They received their PR visa two months ago. Last month my brother married his long time girlfriend. We immediately informed visa office. We have not received any news from visa office.
My family is coming to Vancouver next week. I am wondering due to our notification to the visa post:
Do they have any problem entering to Canada as he married after receiving the PR Visa?
Is he still entitled of dependent child?
Thanks

 

[PMM]

Hi

I've sponsored my family including my 21 (22 in the next month) brother who is working in an office (he is not a full time student – he is a clerk). They received their PR visa two months ago. Last month my brother married his long time girlfriend. We immediately informed visa office. We have not received any news from visa office.
My family is coming to Vancouver next week. I am wondering due to our notification to the visa post:
Do they have any problem entering to Canada as he married after receiving the PR Visa?
Is he still entitled of dependent child?
Thanks

Well he just blew it, his visa is no longer valid as he is not a dependent. I suggest that he doesn't try to use it.

PMM

 

[mehrdado]

Hi PMM,
Would you please tell me based on which specific Regulation He blew it up?
I thaught as he got married after he got his PR visa he's safe ands he can be landed and apply for his wife as a sponsor.

Thanks PMM

 

[Leon]

You have to tell CIC any changes in your status BEFORE you land. If somebody gets their visa, then has a new baby or gets married and then lands as a PR without telling CIC first, it is considered fraudulent that they did not inform CIC before they landed and they are barred from ever sponsoring this person in the future.

He got the visa based on that he is under 22 and single and a dependent of his parents. Now that he is married, he is no longer considered a dependent of his parents. Obviously you suspected this since you asked the question: "Is he still entitled of dependent child?" What he should have done was land as a PR dependent child, then go back and marry girlfriend later.

He has basically 2 options right now, neither good.

1 is accept it and stay with his new wife in old country or find another way to immigrate

2 is fork out the money for the flight to Canada and land with his family and tell the visa officer that there has been a change in his family information because he is married now and when they ask just tell them the truth that he had no idea it would affect his PR or that he had to let them know beforehand. At worst they'll deny his PR visa which puts him in the same situation as option 1. Since he already informed the visa office of his marriage, he may as well wait and see what they say.

There is a possibility that he and his wife can be sponsored later through a provincial nominee program if one of your family ends up in Alberta, Saskatchewan or Manitoba and they and he qualify for that provinces family stream program.

 

[mehrdado]

Thanks Leon,
You did not read the whole story. As I said We informed the visa post; so CIC knows about this change.
Second at it is in the regulation, A dependent child has to be a dependent child in the time of application submits and the time PR Visa issues. (Actually it is in the manual) In my case my brother married after the PR Visa issued; so I think he can keeps the PR status come to Canada and sponsor his wife later on. I am asking about any Regulation regarding after issuing visa and before being landad in Canada.
Check this out he didn't break any rule. He married and he informed the CIC (Visa post)


I am looking for concrete answer.
Thanks

 

[PMM]

Hi

Thanks Leon,
You did not read the whole story. As I said We informed the visa post; so CIC knows about this change.
Second at it is in the regulation, A dependent child has to be a dependent child in the time of application submits and the time PR Visa issues. (Actually it is in the manual) In my case my brother married after the PR Visa issued; so I think he can keeps the PR status come to Canada and sponsor his wife later on. I am asking about any Regulation regarding after issuing visa and before being landad in Canada.
Check this out he didn't break any rule. He married and he informed the CIC (Visa post)


I am looking for concrete answer.
Thanks

You got it, he is no longer a dependent, and therefor his PR Visa (COPR) is no longer valid.  It doesn't matter that he informed the visa office, he didn't use his visa, it was issued a single dependent.  He is no longer single, therefor not a dependent. 

If he attempts to use his visa, and admits at the POE that he is no longer single, he will be refused.  If still claims to be single and "land" he will probably be reported for misrepresentation when he attempts to sponsor his wife.  As she was not "examined" and there for is ineligible under 117(4) He will probably be getting a letter shortly from CHC telling him to return his passport and visa.

PMM

 

[msgomez]

so I think he can keeps the PR status come to Canada and sponsor his wife later on.

mehrdado, to be frank it doesn't matter what you think. Your brother should have married his wife after landing as PR... it was 2 months! What's the rush?

PMM & Leon both laid it out for you... he blew it and if he does try to pull a fast one & land and lie about his situation, he could very well be denied his PR.

Best of luck!

 

[mehrdado]

You are right (for sure) you are right.
A117(4) says: Nobody shall knowingly organized, induce, aid or obet the coming into Canada of one or more persons who are not in possession of visa, passport or other document require by this act. It is about human smuggling. As he is in possession of Visa and Passport. I know it is cheesy but I am looking for a concrete yes or no in the act and regulation. Any better reason.

Thanks

 

[julchen_79]

Mehrdado, sorry to hear this and I have to agree with the others.

However this brought a question up of my own. I am currently being sponsored under common-law. If everything goes well we should be receiving the PR around November. We are getting married in Mexico early January 2010 and were thinking to use that trip for me to land upon return from Mexico. Will that cause problems as well as I applied under common-law but at that point would be a spouse? I surely don't want to jeopardize anything.

Thanks for your advice.