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Help Needed with Spousal Sponsorship PFL

SanaP123

Newbie
Dec 22, 2024
9
0
Okay, too bad there is no marriage record document.

That said: you should lean into the argument that you would NOT have been permitted to marry if you were not single/divorced, and the simple fact that you have never been married. See what legal support, either a letter from a lawyer there or articles in press, that support this point.

I don't know what you mean by statutory declaration. It's really just a letter sworn before someone - i.e., same as an affidavit. You can do this, but because it's from you, the only interested party (except your spouse, I guess), it's ... in most respects, it's the same as a letter from you, signed by you. But if it makes you feel better, sure. (It at least won't hurt)

What about your ex-fiancé? Any records that he was never married / a statement from him that you two were never married? (I wouldn't go crazy if you can't get this, it's only a thought). Come to think of it though - the profile you created, did it list your boyfriend then's name at all? If he was not named in that mock profile, don't bother with this.

Again: your main argument is that the ONLY source anywhere stating you two were married was a mock profile, never submitted. (A profile that might not even have his name!) It's NOT unusual to create a profile to check things / score when one is not sure - and that is NOT a statutory declaration of any sort if it was not submitted. And, you cannot have been married and not divorced since you were married in a country that doesn't permit that/has a registry. Etc.

If this seems too much for you: get a consultation with a lawyer or have a lawyer write the letter. It will cost money but may be worth it (at least for your mental health and stress). A lawyer might put in some more meaty language about burden of proof and lack of evidence beyond the (flimsy!) claim that a mock profile indicates something; I wouldn't try to make a legal sounding argument on my own.
Sorry replied to you as a separate msg below
 

armoured

VIP Member
Feb 1, 2015
17,593
9,117
yes that is what I am trying to mention that it is not possible to remarry for a woman unless her previous marriage has legally ended but I am sure IRCC has that knowledge already,what I hve researched is that they are very savvy about marriage laws in other countries esp India and Pak but I can give it a try.
There can be different officers with different background. My impression is that they deploy their knowledge (in Pakistani context) to ensuring that the full set of everything required for arranged marriages is followed (that's where attempts to use marriages of convenience for immigration purposes is most acute). After that - again my impression - some attempts for men with multiple wives, and online relationships/various others with very high age differences.

Your case seems different (IF it is not an arranged marriage).

Their knowledge about whether / how difficult it is for women to get married if not divorced - less common case. (I think).

Strengthen your language: you're not trying to 'mention' it, you are making a compelling case that it is not feasible under Pakistani law and practice for a woman married/not divorced to marry again. And you cannot produce a divorce document because you were NOT married before. Make that compelling case, don't 'mention' it.

As for the ex, its impossible because we are not on talking terms so no chance over there. It was an EE profile that is submitted to enter the pool (that applicants create for receiving ITA) so it has the name, education and passport details but nothing else . Since that profile was widrawn from the pool by me and I created a new one. Its weird that they never asked about my marital status at the time of my PR.
Ah, I misunderstood how much detail and that it had been actually submitted. Make your case.

For Affidavit: i thought about your point, it makes sense its just a document signed by me not sure if that would make much of a difference so yeah cant say if that would work.
If you want to do it, go ahead. It's not going to cost much to have a lawyer or notary witness/swear your doc.
 

CanGoldDigger

Champion Member
Feb 17, 2024
1,149
297
Ottawa
yes that is what I am trying to mention that it is not possible to remarry for a woman unless her previous marriage has legally ended but I am sure IRCC has that knowledge already,what I hve researched is that they are very savvy about marriage laws in other countries esp India and Pak but I can give it a try.
Actually it's possible that's why the officer is requesting an explanation. And an officer is not supposed to take anything for granted, the burden of proof is on an applicant . An officer renders a decision based on what an applicant has submitted.
 
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