Failed to notify CIC about getting married before receiving PR

[Rob_TO]

Most of you are too harsh on Darshana. The max penalty for her mistake is inadmissibility and perhaps (not for sure) loss of PR.

A PR can't be made inadmissible to Canada. Not sure where you are getting this from.

Worst possible case here if she proceeds with trying to sponsor her undeclared husband, is that CIC revokes her PR due to misrepresentation. Though I agree also this is hardly likely as other cases show CIC doesn't usually start revocation process for non-declaration, they seem to view not being able to sponsor your family member as punishment enough.

All she needs is a tenacious lawyer to represent her. We can revisit this forum and stay in touch with Darshana to see what happens.

She may not need a lawyer at all. If she just accepts what she did and that she can never sponsor her husband, she can voluntarily renounce her PR status, leave Canada, and start as soon as possible to re-qualify under one of the current economic streams only this time including her husband in the app.

Or she can choose to hire a lawyer to file her husband's PR app and go through the appeals process after that's rejected, if she really fees she has some extenuating circumstance (though doesn't seem likely). This will involve years of time and possibly thousands of dollars if she wants a good lawyer, and will most likely still result in eventual rejection. However it's up to OP how they want to proceed here.

 

[Ponga]

Most of you are too harsh on Darshana. The max penalty for her mistake is inadmissibility and perhaps (not for sure) loss of PR. If she is penalized for misrep and if the IRB concurs then she loses PR but then loss of PR is not that direct and instantaneous. There are HC factors to be considered. If she loses PR and receive exclusion for misrepresentation for the next 5 years.

I am willing to bet anybody on this forum, lawyer or consultant that she will not lose PR. All she needs is a tenacious lawyer to represent her. We can revisit this forum and stay in touch with Darshana to see what happens.

HC factors for failing to declare her spouse at the time of landing? Really?!

Do you at least agree that she will not be successful in sponsoring her spouse...with, or without, a tenacious lawyer?

 

[YYC787]

HC factors for failing to declare her spouse at the time of landing? Really?!

Do you at least agree that she will not be successful in sponsoring her spouse...with, or without, a tenacious lawyer?

Would the OP be perfectly fine if the marriage was declared to CBSA at the time of landing??

If so, there's really no excuse for this...CIC is crystal clear about stuff like this.

 

[zardoz]

Would the OP be perfectly fine if the marriage was declared to CBSA at the time of landing??

If so, there's really no excuse for this...CIC is crystal clear about stuff like this.

What happens in that case is that the COPR is seized and the landing interview is terminated, as I understand it. The applicant then has to go back to CIC to correct the application.

 

[Rob_TO]

Would the OP be perfectly fine if the marriage was declared to CBSA at the time of landing??

Kind of. If the marriage was declared upon landing to CBSA, then CBSA would have cancelled the COPR on the spot and not allowed her to land as a PR. She may have been allowed in temporarily as a visitor, but would have then needed to return back to home country, added husband to application, had him go through medical & police checks, and then they would re-issue the COPR as a married couple.

By signing the COPR at landing that stated marital status as single, you have effectively given up all hope of ever sponsoring your spouse under family class sponsorship.

 

[Ponga]

http://www.canadavisa.com/canada-immigration-discussion-board/denied-landing-can-i-appeal-t243948.0.html

 

[zardoz]

http://www.canadavisa.com/canada-immigration-discussion-board/denied-landing-can-i-appeal-t243948.0.html

Nice link to a confirmation... Thanks.

 

[Ponga]

Nice link to a confirmation... Thanks.

Finally, I get to help you out!

Actually, in the case of the OP in that thread, her application was cancelled altogether...much more serious than just cancelling the COPR.

 

[jbaldo]

This is our case. My wife got her copr and visa july 2014. Prior to landing we want to get married first all was set. Prior to the wedding my wife emailed cem that she is about to get married and got a call and an email on the things that we need to accomplish. We decided not to push through with the wedding and landed as a single person on the last week of august.. She came back dec 2014 and we got married. We submitted our application last june 2015. Would this affect the application?

 

[Ponga]

This is our case. My wife got her copr and visa july 2014. Prior to landing we want to get married first all was set. Prior to the wedding my wife emailed cem that she is about to get married and got a call and an email on the things that we need to accomplish. We decided not to push through with the wedding and landed as a single person on the last week of august.. She came back dec 2014 and we got married. We submitted our application last june 2015. Would this affect the application?

Prior to the day that your wife actually landed, had the two of you ever lived together for 1 full year, or more?

 

[jbaldo]

Hi ponga no we didnt live together. Me and my wife only met early 2014 during the time when her application was still being processed.

 

[Ponga]

Hi ponga no we didnt live together. Me and my wife only met early 2014 during the time when her application was still being processed.

That's good news! If you had lived together before she landed, it would have been disatrous to your application.

She did the right thing by waiting to get married, so you'll have no problems because of this.

 

[jbaldo]

Thank You thats a relief. Actually we did live together but for only two weeks prior to going to Canada so we cant be considered as common law partners.

 

[canvis2006]

Lots of people from certain countries are doing this, not sure who is giving them such bad advice to NOT DECLARE their marriages.
Must be stupid consultants, and the "he said she said" types of people

 

[mikeymyke]

Lots of people from certain countries are doing this, not sure who is giving them such bad advice to NOT DECLARE their marriages.
Must be stupid consultants, and the "he said she said" types of people

As bad as it is, I can understand why some of these people don't declare their marriages when they themselves were sponsored as a dependent through their parents. It's because a dependent cannot get PR if they are married. Lot of these guys are more concerned about getting PR than their own spouse.

I don't understand however, why someone who applies to get PR through a skilled worker program would want to deliberately fail to declare their spouse. Is there something I'm missing here?