Got married right before receiving visa entry - Quebec - Advice needed

[enipra]

Can anybody advise on this?

I was single when I applied for Quebec permanent resident status. While my application was processing I got into relationship, we eventually decided to get married but it was kinda rocky and wedding was on and off so when i was asked to send in my passport for visa I didn't notify immigration office that I might get married (and my marital status will change - which i see you are required to inform them about). Just a week before the wedding (our wedding was church wedding) I got my passport with visa and I have to land in Quebec before April, 2013. Now I am confused. Should I let them know that my marital status changed before landing (I understand it will cancel my visa?) and then start a new application that will include my husband? Or should I enter Canada, got my PR, and then start sponsor application for my husband? Also since we are not legally married yet (I doubt Canada will recognize church wedding) should I get married before entering the country (won't it make me look like I lied?)? Or after? Please advice on where to look. This issue seems so confusing, I just don't know what to do and where to look for more info.

Thanks a lot!!!!

 

[computergeek]

Do you qualify as a common-law couple? Have you been living together for at least one year?

Spouse

You are a spouse if you are married to your sponsor and your marriage is legally valid.

If you were married in Canada:

You must have a marriage certificate issued by the province or territory where the marriage took place.

If you were married outside Canada:

The marriage must be valid under the law of the country where it took place and under Canadian law.
A marriage performed in an embassy or consulate must comply with the law of the country where it took place, not the country of nationality of the embassy or consulate.

From what I'm reading here, a marriage that is not legal in nature would not make the person your spouse. Thus, my question - would this person qualify as your common-law partner. If the answer is "no" then you're fine. But you won't be able to sponsor your partner unless you are legally married (spouse) or in a qualifying relationship (common-law).

The issue is determined at the time you land - if you are legally married or in a common-law relationship at that point you MUST have declared it, and your partner must be examined. If you are not legally married or in a common-law relationship, then you land and if you enter into a qualifying relationship later you can sponsor your partner. What you cannot do is get legally married and then land as a single person, because under the definitions in Canadian law that means your partner is excluded from the family class and thus you cannot sponsor them. This is an unfortunately too-common mistake PR applicants make, because it also exposes them to misrepresentation claims that can ultimately lead to them losing PR.

 

[enipra]

computergeek

Thanks for answering. I'd say no, we can't be qualified as common-law partners, we got married (church) in July and so far we have lived together starting from July. So in this case it's better that I land and then start sponsoring process?

 

[SenoritaBella]

Not exactly, if two cases in this forum are anything to go by. Someone in the skilled worker section was denied landing, detained and asked to return to his home country for failing to include in fiancee in his application. He had lived with her for 6 months at the time and the officer's reasoning was that he knew he had long term plans for her and should have included her. There is another case in the settlement section.

The other thing is we don't know the significance of a church wedding in the OP's country. However, they started living together after this wedding... is there some significance to it? Is it required in order to co-habit? If there isn't any significance, why bother? My point is if this fact is disclosed at the time of landing, it could open up a whole can of worms.

Do you qualify as a common-law couple? Have you been living together for at least one year?

From what I'm reading here, a marriage that is not legal in nature would not make the person your spouse. Thus, my question - would this person qualify as your common-law partner. If the answer is "no" then you're fine. But you won't be able to sponsor your partner unless you are legally married (spouse) or in a qualifying relationship (common-law).

The issue is determined at the time you land - if you are legally married or in a common-law relationship at that point you MUST have declared it, and your partner must be examined. If you are not legally married or in a common-law relationship, then you land and if you enter into a qualifying relationship later you can sponsor your partner. What you cannot do is get legally married and then land as a single person, because under the definitions in Canadian law that means your partner is excluded from the family class and thus you cannot sponsor them. This is an unfortunately too-common mistake PR applicants make, because it also exposes them to misrepresentation claims that can ultimately lead to them losing PR.

 

[enipra]

Well that's the point. I have to choose. Whether I should get legally married and inform them that my marital status has changed thus this will cancel (put on hold maybe?) my visa and they will start the application process including my husband's application as well. or I enter the country as single (I am not legally married), get my PR card, then go back, marry him and start sponsorship process. I am just so confused which one is more efficient in terms of time.

 

[computergeek]

Well that's the point. I have to choose. Whether I should get legally married and inform them that my marital status has changed thus this will cancel (put on hold maybe?) my visa and they will start the application process including my husband's application as well. or I enter the country as single (I am not legally married), get my PR card, then go back, marry him and start sponsorship process. I am just so confused which one is more efficient in terms of time.

You'd need to look at a couple of issues:

- Can your partner come to Canada. If so, you can file inland which means you get to be together and in ~ 8 months (with that time dropping) you get AIP and your partner gets an open work permit. In that case, get legally married in Canada.

- What's the outland processing time for your country?

- How far along are you in the current process? If you add him now add 8-9 months to process (best guess)