Getting Married before Landing

[zardoz]

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?

When you received your COPR document, it comes with extra information (A105). This CLEARLY states on the very first page (at least in the English version), in BOLD letters,

Your documents are valid only if all family members (spouse, common-law partner, dependent son or daughter) have been declared and examined. You must therefore inform us of any change in your marital status or in your family composition (marriage, common-law relationship, separation, divorce, birth of a child, adoption, death, etc.) BEFORE you leave for Canada. We will let you know what further procedures are required.

I'm sorry, but you have no excuse based on "I didn't have proper guidance".

 

[Leon]

As well as, did you immigrate as a dependent of your fathers or not? If you did, the IO shouldn't have landed you. If you try to sponsor your wife, they may realize their mistake and want to revoke your PR.

As far as I see, you have no chance to sponsor. You have two options, either let your wife immigrate on her own or leave Canada and join your wife in your homeland.

 

[zardoz]

The alternative is to renounce your PR and start all over again in an appropriate immigration class, as a married couple.

 

[Msafiri]

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.

If I was the OPs legal rep sure I'd do the leg work and present case law at appeal. I would exclude in a search where the presumptive PR 'forgot' to declare the change in family circumstances - how many of the 1336 cases fall under this, +90%, +95%?.

There are really 3 answers to the OPs query in response to sponsorship and refusal:

1. No chance at appeal
2. Breeze through the appeal
3. Somewhere in between 1 and 2 towards with a strong bias towards slim to none - solely because CIC landed him including to add details of his spouse.

I concur the 'poor guidance' is a misguided attempt at justification since the 'family' change composition requirement is all over CIC's correspondence including the landing papers. If the OP's spouse is qualified on her own to immigrate this is the preferred option.

OP's situation is beyond the scope of the forum though nothing more to be added here - he needs to figure out the pros and cons of an appeal (IMHO the risk of CIC going for misrepresentation is minimal but why risk it?). Go see a lawyer is the message here!

 

[criticalthinking]

When you received your COPR document, it comes with extra information (A105). This CLEARLY states on the very first page (at least in the English version), in BOLD letters,
I'm sorry, but you have no excuse based on "I didn't have proper guidance".

Sorry this advice is incorrect. What the COPR document states is that you must inform of a change of circumstances "Before you Land" not "Before you leave for Canada" those are two different things. In addition by informing the Officer at the Port of Entry the OP did what was required of him and informed the officer "Before he landed". The Officer should not have gone ahead and processed him. As such the OP is not guilty of Misrepresentation and go ahead with an IAD Appeal. There are several recent decisions with the same fact pattern. As long as you declared prior to landing i.e. at the Port of Entry you are fine.

 

[PMM]

Hi

Sorry this advice is incorrect. What the COPR document states is that you must inform of a change of circumstances "Before you Land" not "Before you leave for Canada" those are two different things. In addition by informing the Officer at the Port of Entry the OP did what was required of him and informed the officer "Before he landed". The Officer should not have gone ahead and processed him. As such the OP is not guilty of Misrepresentation and go ahead with an IAD Appeal. There are several recent decisions with the same fact pattern. As long as you declared prior to landing i.e. at the Port of Entry you are fine.

But if his COPR still shows as single, the IAD isn't going to believe him.

 

[zardoz]

Sorry this advice is incorrect. What the COPR document states is that you must inform of a change of circumstances "Before you Land" not "Before you leave for Canada" those are two different things. In addition by informing the Officer at the Port of Entry the OP did what was required of him and informed the officer "Before he landed". The Officer should not have gone ahead and processed him. As such the OP is not guilty of Misrepresentation and go ahead with an IAD Appeal. There are several recent decisions with the same fact pattern. As long as you declared prior to landing i.e. at the Port of Entry you are fine.

I'm sorry but I quoted this directly from MY copy of the A105 document that came with MY COPR. Therefore, it is not incorrect. Even the bold type is copied exactly from the A105, as is...

I find it interesting that you should create a new account specially to make that single criticism.

Name: criticalthinking
Posts: 1 (N/A per day)
Position: Newbie
Ratings: +0/-0
Date Registered: 11 August 2014, 00:53:24
Last Active: 11 August 2014, 00:59:27

 

[Leon]

Sorry this advice is incorrect. What the COPR document states is that you must inform of a change of circumstances "Before you Land" not "Before you leave for Canada" those are two different things. In addition by informing the Officer at the Port of Entry the OP did what was required of him and informed the officer "Before he landed". The Officer should not have gone ahead and processed him. As such the OP is not guilty of Misrepresentation and go ahead with an IAD Appeal. There are several recent decisions with the same fact pattern. As long as you declared prior to landing i.e. at the Port of Entry you are fine.

If you read the instruction guide for FSW here: here: http://www.cic.gc.ca/english/information/applications/guides/EG7TOC.asp it doesn't say before you land, it says immediately and it also warns you that you may never sponsor a family member in the future if they are not examined and a part of your application.

Important information. You must inform us immediately of any change in your marital status or your family composition (e.g. marriage, common-law relationship, separation, divorce, birth of a child, adoption of a child, death, etc). Any family member who has not been examined before you become a permanent resident can never be sponsored by you in the future.

 

[DHAKA 2014]

If you read the instruction guide for FSW here: here: http://www.cic.gc.ca/english/information/applications/guides/EG7TOC.asp it doesn't say before you land, it says immediately and it also warns you that you may never sponsor a family member in the future if they are not examined and a part of your application.

I have a query regarding this. FSW VISA is issued with a validity of 1 year from the date of medical exam. after medical it takes average 2-3 month to receive the final VISA - so if have a baby after visa and before landing - then i will inform them to include my child in my file as well as cancel my existing visa.

then what will happen if they act really slow?? if they did not response for 5-6 month or kept waiting us for more than 9 months to communicate / re-issue our visa? will that make any problem as primary visa validity of 1 year will be over by then....

I am asking this because some visa office like SGVO has this bad reputation of not communicating for a loooong period of time after any query or update.....please help if you have any idea.

 

[badpusacat]

Question:

Which is faster for a NEW PR to be with her fiance and establish a life in Canada?

a. get married before first landing and inform the VO that she got married
b. make the first landing, come back to homeland, get married, and sponsor him?

 

[badpusacat]

If a NEW PR gets married before landing and informed the VO, does it mean that she should not make her first landing even her PR expires (for the first landing)? Does she needs to wait for the instruction from the VO before making her first landing? Assuming that there's only a month difference from the date of the wedding and the expiration of the PR.

 

[Leon]

Question:

Which is faster for a NEW PR to be with her fiance and establish a life in Canada?

a. get married before first landing and inform the VO that she got married
b. make the first landing, come back to homeland, get married, and sponsor him?

It depends on a couple of things. If she has just applied or is still in processing, it will not delay her visa much to add a husband. However, if she is at the point that she already got the visa, if she marries before landing, she will have to return her visa to the visa office and wait for a new one to be issued. If her medicals are about to expire too, this would mean she has to re-do them.

If she makes the first landing, comes back and marries him, she will have to return to Canada again in order to sponsor him. The sponsorship processing time can be anywhere from a few months to a couple of years depending on the visa office. If they come from a country that her husband is visa exempt, he can visit her in Canada or even stay up to 6 months without working. If he needs a visa to visit, there is no guarantee that he will get one.

 

[eileenf]

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.

If you haven't seen a lawyer yet, I would like to add my voice to the chorus urging you to do so ASAP. Since you came here as a refugee, you can speak to the Refugee Law Office in Toronto (assuming you're in Toronto?) They do great work.

I also want to make sure you're aware that as a Convention Refugee, the you cannot travel back to your home country without risk of losing your PR. The CBSA has cracked down on this recently bringing more cessation proceedings against PRs who came here as refugees due to re-availment.

Since the sponsorship of your wife is in question, it's understandable that you'd want to travel to see her, but if she is in your home country you absolutely need to contact a knowledgeable refugee lawyer first! It's a huge risk.

 

[clinchy]

I m in the same situation, I had the visa in January, expiring in AUG this year, I gave it back together with COPR and docs to add my fiancee in March. In April she did the medical checks so by middle of April Embasy has the medical checks from the clinic. What will happen next, Will they wait for us to marry in June as is scheduled and then to issue me AGAIN the visa with same validity AUG 14 and another COPR not anymore single as I added her as common law partner or VO will tell me in the next 2 months to repeat the medical checks but when my fiancee received form for medicals I didn t receive it so if their intention would have been this one probably they would have sent me in the same time with her to repeat the medicals. Or they will send me the visa same validity AUG 14th even before marriage. She is added as non accompanying dependant.

Thanks in advance.

 

[jaivikpatel]

I got married and tried notifying CIC about it through case specific enquiry. But they didnt respond anything. Any advice where shall i notify!!