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Hmmmmm ... I agree it would be very hard to hide the fact that they were living together. So all of you are right, better be honest from the very start.

A highschool classmate of mine got married to her long time bf a few weeks before she left Canada and never declared her husband. The time comes she already have her PR and able to sponsor her husband, they were denied twice ( one under HC something). That is pretty tough. So DJCT, better do things you needed to do before you leave. :) Good luck :)
 
sthomas said:
Hmmmmm ... I agree it would be very hard to hide the fact that they were living together. So all of you are right, better be honest from the very start.

A highschool classmate of mine got married to her long time bf a few weeks before she left Canada and never declared her husband. The time comes she already have her PR and able to sponsor her husband, they were denied twice ( one under HC something). That is pretty tough. So DJCT, better do things you needed to do before you leave. :) Good luck :)

Because Section 117(9)(d) bars undeclared spouses, children and relatives from being considered members of the family class, a humanitarian and compassionate application automatically fails for lack of jurisdiction. An appeal judge may not consider H&C grounds for a case like this, because the applicant is not a member of the family class. This is one of the most rigidly applied sections I have seen in all my reading on CanLII, if I've read 100 cases under this section, I have not seen 5 of them allowed on appeal.
 
CharlieD10 said:
Because Section 117(9)(d) bars undeclared spouses, children and relatives from being considered members of the family class, a humanitarian and compassionate application automatically fails for lack of jurisdiction. An appeal judge may not consider H&C grounds for a case like this, because the applicant is not a member of the family class. This is one of the most rigidly applied sections I have seen in all my reading on CanLII, if I've read 100 cases under this section, I have not seen 5 of them allowed on appeal.

Wow, now I feel bad for my classmate. She mentioned that she will just let her husband apply for TRV. Do you think her husband will be given the tourist visa??
 
Honestly, it would take an extremely strong application for him to be allowed a TRV. Remember that non-visa-exempt spouses are automatically considered "high risk" for over-staying, and the threshold of proof required to overcome a Canadian PR/citizen spouse is therefore set VERY HIGH for those of us in this category.
 
sthomas said:
Wow, now I feel bad for my classmate. She mentioned that she will just let her husband apply for TRV. Do you think her husband will be given the tourist visa??
He has no chance - after a failed PR application as a spouse and a refused appeal.
He should try to find ways to immigrate to Canada on his own if they want to be together in Canada: a FSW or entrepreneur application, for example.