Nope, that is covered under 4.1 of the RegulationsJes said:Assuming there aren't any notes about his marriage by the officer and thus the CIC doesn't know about it.
Can't they simply get a divorce and then remarry again, so he can sponsor his wife with a post landing marriage date?
The case may be more complicated than that. Possibly he was an overage dependent and the immigration officer knew that he could not sponsor his wife anyway. However, in that case, he should have refused him the PR because he would no longer have been considered a dependent child.keesio said:I usually have a bit of a hard stance on misrepresentation cases but in this particular one, I feel the OP is getting a really raw deal here. It is clear that there was no intent. And he even mentioned it on landing. The officer at landing should have done him a favor and turned him back but instead just basically said "whatever" and waived him through.
He can not even sponsor her if he gets citizenship. Her not having been examined means he can never sponsor her. That's it. However, hopefully she qualifies to apply for PR on her own.Jes said:Ok, then he has to wait till he gets his citizenship to try again. I hope at it is permitted then at least.
I know that rules and regulation usually make sense and one should know and follow them, but such non essential cases (he didn't get any advantages of not informing except of some time and maybe the money for the application and med test) should have a backdoor exit of some sort.
Imagine if they got kids in the next few years.
1. What 'circumstances' are these that made you marry just before arrival in Canada?harry88 said:Please help me regarding this issue I landed in Canada on February 2014,as a permenent resident as cr catogory Just before arrival to Canada, I did marriage due to certain circumstances. As my marriage documents/certificate came late due to their processing, I was unable to inform about my marriage to High Commission of Islamabad. At Canada Airport when immigration officer asked me, I told him truth about my marriage verbally . Now i got pr card . And doing job can i sponser my wife
I doubt this will make a difference.harry88 said:Yes, immigration officer wrote my wife's name and date of birth on copy landing paper that they saved for their memory. What is that
mean? Can I appeal the case? What is the possible outcome than?
Actually - there are additional advantages. Depending on the immigration stream he used to immigrate, this means he didn't have to show proof of funds to cover his wife. This also means that his file couldn't be refused due to medical, security check, or background check issues affecting his wife.Jes said:Ok, then he has to wait till he gets his citizenship to try again. I hope at it is permitted then at least.
I know that rules and regulation usually make sense and one should know and follow them, but such non essential cases (he didn't get any advantages of not informing except of some time and maybe the money for the application and med test) should have a backdoor exit of some sort.
Imagine if they got kids in the next few years.
As per OP response below he was landed and family changes notified with details on the record. I've seen sponsorship such as the OPs proposing that are refused by CIC due 'spouse not being a member of the Family Class' due to lack of being 'examined' succeed at appeal before the IAD/FC where CIC landed the PR applicant despite their declaration of status change at the POE. I say to the OP apply for sponsorship and deal with an appeal if it comes to this. You have nothing to lose but best to get some legal help with this...its not DIY territory!PMM said:Hi
Nope, as his spouse was not "examined", so she is excluded
I suggest you go to CanLII and search 117(9)(d) There are 1336 cases, see if you can find one that was allowed. Also 126 have made it to the Federal Court 5 of the allowed decisions of the Federal court, were overturned by Federal Court of Appeal when CIC appealed the decision.Msafiri said:As per OP response below he was landed and family changes notified with details on the record. I've seen sponsorship such as the OPs proposing that are refused by CIC due 'spouse not being a member of the Family Class' due to lack of being 'examined' succeed at appeal before the IAD/FC where CIC landed the PR applicant despite their declaration of status change at the POE. I say to the OP apply for sponsorship and deal with an appeal if it comes to this. You have nothing to lose but best to get some legal help with this...its not DIY territory!
I think I saw one of either a spouse or a child where the person had notified the visa office before they landed but the visa office had not contacted him yet and he landed in the meantime. In that case, it was deemed that he had not been trying to deceive the visa office and so he was allowed to sponsor.PMM said:Hi
I suggest you go to CanLII and search 117(9)(d) There are 1336 cases, see if you can find one that was allowed. Also 126 have made it to the Federal Court 5 of the allowed decisions of the Federal court, were overturned by Federal Court of Appeal when CIC appealed the decision.