greatlebguy said:
What if we proceed with the divorce in Spain ... that's how my partner will get a certificate that he is single, for me it is easy because the wedding is not recognized in my country, and I will proceed with the lending as a single guy and after a couple of months we apply to get married in Canada?
it can be an option?
That's a very bad idea. That would be considered a divorce of convenience - i.e. you intentionally divorced so you could land as single. That would also make it almost impossible to sponsor him to Canada later.
Your very best option IMO is to submit the change of representative form, take the lawyer off the case, then inform the embassy directly that you are married. If you are genuinely concerned for your safety, my suggestion would be to travel to Spain while you await processing of your spouse.
One other option, but please note that this is
not one I would recommend, would be to travel to Canada on the PR visa, and declare the spouse when you arrive, before they grant you permanent residence. How they will deal with that is explained in ENF4 12.7:
12.7. Changes in marital and family status
R51 requires a foreign national who has been issued a permanent resident visa as a single
person to advise an officer if their marital status has changed since the visa was issued.
A report under A44(1) for A41(a) for R51 is not necessary, if the non-declaration of a marriage or
common-law relationship to the visa officer does not affect the grant of permanent residence to
the person in the following cases:
• In the case of refugees and protected persons, a BSO should grant permanent resident
status to these classes of persons and provide counselling regarding the sponsorship of a
spouse or common-law partner; and
• A foreign national who marries their sponsor after the visa is issued, but before the grant
of permanent residence. This change in circumstance is not material to admissibility.
The BSO should assume the truthfulness of voluntary statements relating to marital status and
proceed as though the person seeking to become a permanent resident were married, whether or
not there is documentary proof of the marital status. The BSO should usually defer the
examination pursuant to A23 in order to consult the visa office and obtain more information and
evidence about the person's marital status. In some cases, the BSO may ask the visa officer to
interview a non-accompanying spouse or common-law partner outside Canada to determine if
they meet the requirements of the Act and Regulations and can be issued a permanent resident
visa.
The procedure for authorizing permanent resident status to the person seeking to become a
permanent resident and the spouse will vary from case to case, depending on the applicant's and
the spouse's particular circumstances. The BSO should provide a full case summary to
accompany the file, so that the receiving inland CIC office can follow up appropriately.
The BSO should bear in mind that the applicants' and their family members' medical examination,
security check and travel document may need to be updated while the spouse or common-law
partner is being examined and before permanent residence can be granted.
If, after the investigation, there is sufficient evidence to proceed with enforcement action, a BSO
may write the appropriate A44(1) report against the person seeking to become a permanent
resident as well as an accompanying spouse or common-law partner.
This will create a situation, in that you can't be granted permanent residence when you arrive, but it is possible they will allow you do remain in Canada while they assess your spouse. If you explain very clearly why you were unable (for your own safety) to reveal that you were married, my hope would be that they would defer your examination and allow you to wait in Canada while they assess your spouse and add him to the application. It is - however - possible that, because you did not declare your spouse earlier, that you could be found inadmissible (for failing to comply with a requirement of the immigration rules.) There does seem to be flexibility for them to add a spouse in those circumstances, but it's almost certain you wouldn't be allowed to work, get provincial health care, etc, until they complete his processing and grant your PR status at a later date. That could take many months.
greatlebguy said:
Another question, in case I will send back the visa and declare my relationship, my partner will be examined separately based on the new Immigration Law and under Skilled Worker Category or based on the date in which I presented my application the first time and as my partner. I am worried because he is a computer engineer and his profession doesn't appear on the latest list of acceptable professions.
I don't want to do anything illegal ... we are just looking for a new beginning ...
He wouldn't be assessed under the skilled worker criteria at all - you are the primary applicant (the one being assessed). He is just your spouse so far as this application is concerned - his own skills are irrelevant, all that matters is that you are legally married, and in a genuine relationship.
Your application is assessed on the basis of when you initially submitted the application. Adding a spouse doesn't cause your own skills / experience to be reassessed against the new criteria.
Good luck.
