!!EXPERTS HELP!! Spouse OPW Section 186 5(C) Refusal

[assadraza2696]

Hello Everyone,

I need your help regarding my spouse's open work permit application.

We signed our marriage contract and took vows over the video conference in August 2016 as I was not able to attend the ceremony due to some commitments here in Canada. She applied for OPW and got refusal saying that she is exculded family member as per section 186 5(c) which states both spouses have to be physically present.


I travelled to Pakistan in August 2017 and we had grand wedding ceremony and reception in our physical presence. However, we did not signed the contract again and marriage certificate was still dated 5 august 2016. She applied again with photos and all the relevent documents along with a letter of support from local MP but got refusal yesterday with the same objection.


What should I do now to satisfy the officer? My marriage is legal according to the law of juridisction where it took place and can not be re done. However, it might be possible to renew the vows and contract and get a new marriage certificate with the dates when I will be physically there again to re sign the contract. Should that be an option to satisfy Visa Officer?


I appreciate your help. Please advice as we both are suffering from depression due to this situation.


Thanks,

Assad Raza

 

[Binabik]

Yes you need to get a marriage certificate with the both of you being physically present to sign it.

Alternatively she could apply on her own, however she will have to secure a job offer first (it is typically very hard to secure a job from outside, but since you seem to be here in Canada it might be possible with your help and network).

 

[assadraza2696]

Thank you Binabik. I appreciate you time to respond.

I am concerned if even I go there and sign the contract again and get the marriage registered at new date, officer will not ask about current marriage certificate. Means, will he ask for dissolvent or annulment of previous contract? My take on this one is that he should not as he is not considering us married so the new contract will be sort of new marriage for him. What do you think?

 

[canuck78]

You will have to look at the laws in Pakistan. I am surprised that any country would allow you to get married by teleconference and it is legal. Be sure to document all the signing of documents so that there is no doubt when you resubmit.

 

[PMM]

Hi

You will have to look at the laws in Pakistan. I am surprised that any country would allow you to get married by teleconference and it is legal. Be sure to document all the signing of documents so that there is no doubt when you resubmit.

1. Lots of countries permit proxy marriages

 

[canuck78]

Hi




1. Lots of countries permit proxy marriages

Thanks. Always good to learn something new.

 

[assadraza2696]

Thanks. Always good to learn something new.

Yes It is allowed in Pakistan to get married without being physically present. A marriage registrar who is a government's personnel was present at my wedding and we followed the procedures as he told us.

My problem is due to section 5(c) which states that marriage has to be legal in the country where it took place and in Canada. Further, as per section 5(c) if one or both of the spouses were not present physically the marriage is not valid in Canada. So it is valid in Pakistan but not in Canada.

 

[assadraza2696]

Hi




1. Lots of countries permit proxy marriages

Would you suggest anything I can do to deal with this situation?

 

[waqasmk1]

Assad would you mind advising what happened with your case? I have exactly same issue as yours? thank you

 

[assadraza2696]

Assad would you mind advising what happened with your case? I have exactly same issue as yours? thank you

I have applied for the Permanent Residency this time and as per IRCC the eligibility has been met, medicals done, we received pre arrival services letter, RPRF request and paid, BG in progress, so I am confident they have sorted the issue out as I did exactly what I was told to do to fix that section 5c issue. However, the application has not been finalized yet.

 

[waqasmk1]

Assad, can you please explain more how you applied? I am a little confused, you did not applied for Spousal immigration but you went with Permanent residency for your spouse?

 

[assadraza2696]

Thanks Waqas.
This looks like a Nikah Nama issued by union council instead of computerized marriage cert by nadra which had CRMS no. I do not think they accept manual marriage cert/nikah nama.
Also, marriage date should reflect the new nikah date. As per IRCC proxy marriage is like the process was never completed thus needs to be completed.

 

[waqasmk1]

that's the problem, even if I go back and do another Nikkah and change the married date and IRCC might come back and say there was no divorce and how come we have the new marriage date on marriage certificate. which is why I want to know how did you apply for your spouse.

 

[assadraza2696]

Why they will as for divorce if they dont think you are married at present?
Thats exactly what I was by local MP after he spoke with IRCC. That the process is not completed in the first place so just re initiate the process.