ineligibility issue

[Ponga]

That's not true. I'm sure the OP mentioned he has a daughter on his PR application. He did right?

Uh...yes, it is true.

 

[Ponga]

Nothing can be done.
And one has to be very careful when talking to any lawyer/consultant about this. Some less honest ones may encourage you to proceed with the app and then appeal on H&C grounds, not caring that it will all eventually end in failure. In this way the lawyer will still get all their fees though during the app and appeals process.

Valid warning, but as wonderful as this forum is, I'm not convinced that a person in this situation shouldn't at least talk to a person that really knows the immigration system; more so than those of us here that are merely sharing our knowledge and opinions. It can't hurt and at the very least, would validate what we all seem to know/believe anyway. Plus, it would forever squash the "What if I had only called a lawyer", that would certainly be in the back of the mind of the OP and his wife.

To the OP: This website is hosted by a reputable law firm. You might consider reaching out to them, since they do offer a free telephone consultation. Click on the red and black CANADAVISA.COM at the top left, to find their contact info.

Good luck!!!

 

[truesmile]

Certainly do so, but don't spend any money until you've read a few relevant cases in the CANLII database. They are "relentless" on this issue. Then I guarantee you won't waste a cent.

 

[alexji]

i just believe there should be a way out of this.
does this means i cant re unite with my family just becuase of this honest mistake

i have not misrepresent anyone or cic. though its my duty to inform cic of my changes in the family situation, but because the visa officer never ask me as at the time of landing.
so as it it now. am going to withdraw the application been sent oversea and then inform them with a letter officially saying am now married with a daughter.
and wait few months and then reapply to sponsor them again.
i dont know if that will work.

 

[MilesAway]

That will not work, sorry. You can sponsor your daughter, but not your wife.
CIC is very clear that any changes to your marital status must be declared and that failure to do so will result in them being forever excluded from the family class.
Even if you declare them when landing, the officer there can't do anything. You would need to send your marriage certificate and include your spouse in the application.

Unfortunately there is no way out of this, short of your spouse applying and immigrating under her own merits.

 

[Awesomeg]

i just believe there should be a way out of this.
does this means i cant re unite with my family just becuase of this honest mistake

i have not misrepresent anyone or cic. though its my duty to inform cic of my changes in the family situation, but because the visa officer never ask me as at the time of landing.
so as it it now. am going to withdraw the application been sent oversea and then inform them with a letter officially saying am now married with a daughter.
and wait few months and then reapply to sponsor them again.
i dont know if that will work.

Unfortunately what everybody has said is right...
I have seen this situation happening before,
and also have seen cases going through appeal,
and they are very draconian in this....
You failed to report and that is your responsibility...

she can apply for herself for a working permit,
or depending on her background she can be recommended
for a Provincial nominee program.... those are other options,
but as family class is going to be very difficult....

nevertheless, you can continue with the process and appeal and
try to get a good layer that can defend your case,
you never know what will be the outcome.....
Its better to lose fighting than to give up...

Maybe is not in you best interest now to withdraw
Withdrawing will exclude you from the right to appeal.....

You should try to consult with a lawyer before you take any decision...
You may regret doing something that is not the right thing now...
but the only way to know is by talking to a lawyer...

Best of luck...
And be confident that something good will happen,
Just need to understand that it will take time...
maybe some years before you can reunite with your wife in Canada...

You can always take a month vacation every year to stay with them ....

If you lose the case I believe that you can apply to grant her a stay under humanitarian basis....
But that can come if you lose the appeal...
Under humanitarian bases will consider that they are separating a family and may grant her stay in Canada....

Good luck, and get a good lawyer...

 

[Gango is waiting]

the visa officer didnt ask me anything about my marital status.

i know this is a serious mistake, but does that mean i cant sponsor my daughter and my spouse again forever.?

hi its a terrible mistake you have done but now that has already happened so, let them refuse you and see whether you can appeal and try to get a very good lawyer and show that you have done a big mistake by not showing that you were already married when you became a PR. People are doing mistakes so, show that you did not cheat them

 

[scylla]

i just believe there should be a way out of this.
does this means i cant re unite with my family just becuase of this honest mistake
so as it it now. am going to withdraw the application been sent oversea and then inform them with a letter officially saying am now married with a daughter.
and wait few months and then reapply to sponsor them again.
i dont know if that will work.

No - what you have proposed definitely will not work. Your application will just be refused again. There's no point in even trying. You should focus your effort on finding out if your wife can apply to immigrate independently. Again, you can't sponsor her. Regardless what you believe, the obligation to inform CIC that you had gotten married was entirely yours.

 

[zardoz]

I think that it's been suggested before but I'll repeat it again, just in case.

You may have the option of renouncing your own PR status completely and reapplying from the very beginning as a family under a completely different immigration class, such as FSW or CEC. Family Class Sponsorship is not going to work for you now for your wife.

 

[Rob_TO]

let them refuse you and see whether you can appeal and try to get a very good lawyer and show that you have done a big mistake by not showing that you were already married when you became a PR. People are doing mistakes so, show that you did not cheat them

That would be a huge waste of time and money. There is no H&C basis to consider here as there are MANY precedents already set. If you read through actual cases of people appealing this, all of them end in rejection in the end. CIC doesn't care if it was an honest mistake or not.

The only one that would win, is the lawyer you would pay thousands of dollars to.

 

[Gango is waiting]

That would be a huge waste of time and money. There is no H&C basis to consider here as there are MANY precedents already set. If you read through actual cases of people appealing this, all of them end in rejection in the end. CIC doesn't care if it was an honest mistake or not.

The only one that would win, is the lawyer you would pay thousands of dollars to.

oh it sooo unfair ryt? people may know people may not know what to do with this CIC stuff... alexji doesnt know about the procedure... not all the people go through this forum in the beginning and how everybody should know the CIC procedures? bcoz of little knowledge of the procedures of Immigration laws, people have to suffer? very bad rules they have mom, dad & the baby has to suffer now...
i'm very sorry about your situation dear alexji.... i believe there should be another way of trying to take your wife there. if you'll be rejected, appeal and see what you can do& i believe that you can do something good luck

 

[rhcohen2014]

oh it sooo unfair ryt? people may know people may not know what to do with this CIC stuff... alexji doesnt know about the procedure... not all the people go through this forum in the beginning and how everybody should know the CIC procedures? bcoz of little knowledge of the procedures of Immigration laws, people have to suffer? very bad rules they have mom, dad & the baby has to suffer now...
i'm very sorry about your situation dear alexji.... i believe there should be another way of trying to take your wife there. if you'll be rejected, appeal and see what you can do& i believe that you can do something good luck

um, it's not about knowing CIC procedure, it's about taking care to read everything thouroughly during the application process, and if English/French is not a person's first language is it still THAT PERSON'S responsiblity to get it translated so they know what is be asked/told.

For family sponsorship, I believe CIC clearly states in the SA letter for the applicant to notify them if there is any change to personal situation AND it give's "change of marital status" as an example. I would go on a limb and say that ALL streams of sponsorship get this type of notification during some stage of approval. I believe the COPR letter also states this request, so there's really NO excuse for "not knowing" to do it or expecting a CBSA officer to ask, when CBSA isn't in charge of PR approvals . If someone took care to read EVERYTHING that is sent to them from CIC, then this situation probably wouldn't occur. Most people don't read everything, and CIC can't be blamed for negligence of an applicant. Taking responsibility for ourself is part of being an adult, and no one can blame CIC for following their rules. The rules are there for a reason, and it's arrogant to assume it doesn't apply to us because of what ever reason. I would bet if the original poster went though all the documentation that CIC sent to him prior to PR approval AND the information sent with his COPR, at least 1 paper will have said to contact them in case of changes to his personal situation. If not, THEN he may be able to have a case.

 

[kiwi123]

oh it sooo unfair ryt? people may know people may not know what to do with this CIC stuff... alexji doesnt know about the procedure... not all the people go through this forum in the beginning and how everybody should know the CIC procedures? bcoz of little knowledge of the procedures of Immigration laws, people have to suffer? very bad rules they have mom, dad & the baby has to suffer now...
i'm very sorry about your situation dear alexji.... i believe there should be another way of trying to take your wife there. if you'll be rejected, appeal and see what you can do& i believe that you can do something good luck

It had been clearly explained that continuing with the application and appealing will NOT work. Stop suggesting it to the OP, you will only be giving false hope.

 

[alexji]

can i apply for a visitor visa.
is there any chances of getting a visa for them

any idea

 

[scylla]

can i apply for a visitor visa.
is there any chances of getting a visa for them

any idea

The chances for a visitor visa are on the low side due to the PR application and the fact you have PR status yourself. To be approved, your wife will have to prove she has very strong ties to her home country and has no plans on remaining in Canada long term.