Getting Married before Landing
- Thread starter abode
- Start date
Hi
Nope, that is covered under 4.1 of the Regulations
New relationship
4.1 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act.
Jes said:
Nope, that is covered under 4.1 of the Regulations
New relationship
4.1 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act.
Even if no misrepresentation occurred, 117(9)(d) will still apply. A BSO doesn't have the authority to waive the requirement for the family member to be examined, as far as I am aware.
In his case, he did inform them that he had gotten married and they wrote it down on his paperwork as well as his wife's name so he can not go back and change that now.
If he had not informed them about the marriage, he would have committed misrepresentation and that could have cost him his PR if immigration ever found out about it.
If he had not informed them about the marriage, he would have committed misrepresentation and that could have cost him his PR if immigration ever found out about it.
keesio
VIP Member
- May 16, 2012
- 4,795
- 396
- Category........
- Visa Office......
- CPP-O
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 09-01-2013
- Doc's Request.
- 09-07-2013
- AOR Received.
- 30-01-2013
- File Transfer...
- 11-02-2013
- Med's Done....
- 02-01-2013
- Interview........
- waived
- Passport Req..
- 12-07-2013
- VISA ISSUED...
- 15-08-2013
- LANDED..........
- 14-10-2013
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.
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.
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.
keesio said:
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.
Jes said:
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.
The reason for these rules could be funds as well as medicals. Immigration can refuse a PR application if a dependent on the application has a serious disability or illness that they deem likely to be expensive for Canadian health care. A dependent being sponsored can however not be rejected for that reason.
Therefore, if there was a back door, people in that situation might simply "forget" to include their spouses/children in order to sponsor them later.
1. What 'circumstances' are these that made you marry just before arrival in Canada?harry88 said:
2. What is marked on your COPR in the field about dependents - is it a yes/no or any other comment by the border agent landing you?
harry88 said:
I doubt this will make a difference.
There is nothing you can appeal right now because nothing has been refused.
If you try to sponsor your wife then you should be expecting a refusal. Worst case scenario CIC might decide to revoke your PR card as well.
Jes said:
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.
The rule actually makes a lot of sense and there are many good reasons why exceptions aren't allowed. The visa documentation very clearly states that any changes to the family composition must be reported to CIC.
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
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:
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.
PMM said:
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.
In this case however, he did not contact the visa office before landing but he did tell them when he landed that he had gotten married. They wrote this and his wife's name on his paperwork and told him that he can never sponsor her. I don't think he has a chance. However, his wife has a good profession and has a good chance to immigrate on her own so they shouldn't have a problem.
I am thankful to you that you review my case. But my query is that I didn't have proper guidance regarding Canadian laws .that is why I did marriage. And before I came to know ,it was too late. This country has given me place to live but can't it allow my wife to come? If I will get chance to appeal, should I do?
Similar threads
