I am sorry if this sounds confusing. He was told that his PR application is approved then after few months we got married then after few months he handed in Canada to officially receive his pr card. I hope this makes sense now.
didn't declare marriage
- Thread starter BirdieInTheSky
- Start date
Thanks for clarifying. So that means he failed to declare you before becoming a PR and therefore technically can never sponsor you.
That means you will be refused. Your husband can never sponsor you for PR as he committed an offence. When landing, he is asked verbally if he has any dependants not listed and also to signs the document that says he has no dependants. He lied. That is misrepresentation, and his own status is now in jeopardy.
Whether or not that is considered misrepresentation, they seem to treat the 'can never sponsor that spouse' thing as sufficient punishment. I don't think there's any serious reason to think his status is in jeopardy.
Do you think if applied I can be granted trv or not? As in I can go on visit visa and then appeal under humanitarian grounds?
Wait for the outcomes of the spousal sponsorship application first.
If the spousal sponsorship application is refused, you should assume it will be difficult to get a TRV approved since IRCC will know you want to remain in Canada long term.
If I apply after the refusal of course they will not issue trv. but if I apply before the final decision, chances are there I will get trv?
do you think if they refuse my application I have the right to appeal and that can change their decision?
You can apply for trv before. Still likely refusal but up to you to try.
Yes, you can appeal. Doubtful it would be successful - because there's not really a basis for a successful appeal, the facts are clear.
I don't think it will be any different if you apply now vs. after a refusal. But by all means try. Nothing stopping you from applying now.
Yes, you will have the right to appeal if you are refused. However assuming you are refused, this will be a very difficult case to overturn. You will want to make sure you are working with a very good lawyer and even then the chances will be very low. But again, see what the decision is first.
Would suggest looking into what will be required to qualify for PR via express entry on your own and whether you qualify for any of the programs. Would certainly wait until your hear the final outcome of your sponsorship application. Getting an appeal approved will likely be quite difficult so working toward qualifying for PR via express entry is likely you best option if sponsorship denied.
