ineligibility issue

[saria1]

I don't see why this idea wouldn't work, but, you can always divorce her, and then remarry her gaining a new marriage certificate, which shows a later date, after your landing. Then tah dah, you should be able to sponsor her. At this point, sadly I see no other option for you.

 

[Rob_TO]

I don't see why this idea wouldn't work, but, you can always divorce her, and then remarry her gaining a new marriage certificate, which shows a later date, after your landing. Then tah dah, you should be able to sponsor her. At this point, sadly I see no other option for you.

That would not work. CIC would see the re-marriage as a marriage of convenience, and would uphold the permanent family class ban on the spouse based on first marriage.

 

[saria1]

That would not work. CIC would see the re-marriage as a marriage of convenience, and would uphold the permanent family class ban on the spouse based on first marriage.

Well that just sucks!

 

[alexian14]

after 90 of waiting for sponsorship approval.
this is what i got from CIC today.
i need advice please:

This refers to the Application to Sponsor a Member of the Family Class you submitted to this office on behalf of xxxxxxxxxxx xxxx xxxxx and family (if applicable).

We have reviewed your application and regret to advise that you are not an eligible sponsor for the following reason(s):
• You have not submitted an application for a member of the family class. You did not declare the applicant to Citizenship and Immigration Canada on your own Application for Permanent Residence or at the time you became permanent resident of Canada. As such, you do not meet regulation 117(9)(d). Please refer to the Immigration and Refugee Protection Regulations listed below for details.
• Given this ineligibility issue, we have not reviewed any other sponsorship criteria at this time. In the event the visa officer considers processing the application for permanent residence, he/she will notify this office and a full review of all sponsorship eligibility requirements will be done. You may be contacted for additional information should that occur.
•
You indicated on your sponsorship application that you wish to continue with its processing regardless of any ineligibility. As such, the Application for Permanent Residence for your relative(s) has been forwarded to a visa office abroad for consideration.

Your ineligibility to sponsor will be a significant factor in the assessment of the Application for Permanent Residence for your relative(s). A final decision regarding that application shall be made by a visa officer and will be communicated to you and your relative. Instructions regarding the Right to Appeal will be issued as applicable by the visa office. Please note that the Right to Appeal may only be exercised after the visa officer has rendered a final decision.
------------------------------

i became a permanent resident in may 2013
i got married in February 2013

hi my husband got the same message as you. hows your application? did you get approved or refused?

 

[np08]

hi my husband got the same message as you. hows your application? did you get approved or refused?

What is your husbands situation?

If he didn't declare a a family member on his PR application, then those that weren't declared cannot be sponsored as they don't count as family members for the purposes of Canadian immigration. Undeclared family members can never be sponsored and must find a way to immigrate on their own. Drawing attention to it could get the husband's PR revoked because it was obtained through misrepresentation.

There is the option of the husband giving up his PR and reapplying from scratch while declaring all his family members, but this is of course risky and will be more scrutinized due to previous misrepresentation.

 

[alexian14]

What is your husbands situation?

If he didn't declare a a family member on his PR application, then those that weren't declared cannot be sponsored as they don't count as family members for the purposes of Canadian immigration. Undeclared family members can never be sponsored and must find a way to immigrate on their own. Drawing attention to it could get the husband's PR revoked because it was obtained through misrepresentation.

There is the option of the husband giving up his PR and reapplying from scratch while declaring all his family members, but this is of course risky and will be more scrutinized due to previous misrepresentation.

my husband landed in canada october 2015. we have 2 kids born on 2011 and 2014. we got married on 2016. he was sponsored by his mother he declared us but his mom erased my name because she was afraid it will cause delays on his application. but my first born was declared.

 

[1887CAN]

my husband landed in canada october 2015. we have 2 kids born on 2011 and 2014. we got married on 2016. he was sponsored by his mother he declared us but his mom erased my name because she was afraid it will cause delays on his application. but my first born was declared.

This issue is actually very simple, but very harsh too. As you’ve already been advised, your husband will never be able to sponsor you or your youngest child. That’s it. No exceptions, no appeals, no process to follow that will allow you rectify this issue.

Your mother in law committed misrepresentation of the worst kind when she removed you and your youngest child from the application. Your husband did too when he signed off this terrible error of judgement. IRCC have never, as far any of the hundreds of members of this forum are aware, allowed non declared to family members to be sponsored afterwards.

The application process states very clearly on the ‘additional family members’ form who needs to be declared and what the consequences are if you do not. There’s no good or honest reason for an applicant to lie about being married or the number of children they have. The punishment for this type of misrepresentation is that you’ll never be able to fix the lies told. Your husband and mother mother in law willingly deceived IRCC for one of the most ridiculous reasons possible, a possible delay in processing. That’s insanely bad judgement. I’m not sure on this, so maybe somone else can confirm, but your husband might not have been eligible to be sponsored by his mother if he declared his true marital status that he was married. That could mean he’s living in Canada on a PR status gained fraudulently.

Your husband and mother in law will be lucky to not have their own PR status revoked due to their misrepresentation. IRCC could do so very easily. I actually think the biggest punishment is for them to remain in Canada and have to live with knowing their lies are the reason you’re not together in Canada. It’s really very heartbreaking and I really do feel absolutely terrible for you. I wouldn’t wish this sort of punishment on anyone. IRCC doesn’t mess around with these situations. They make it clear what will happen if you don’t declare family members.

As for you and your youngest child, I’d start to think about immigration under one of the economic streams. Find out what you could do to be eligible to immigrate here on your own. That’s your only hope. Train for a skilled a job, ensure your education is sufficient, etc.

I’m sorry you’re in such a horrible situation, and wish you well in trying to reunite with your family. Good luck.

 

[alexian14]

This issue is actually very simple, but very harsh too. As you’ve already been advised, your husband will never be able to sponsor you or your youngest child. That’s it. No exceptions, no appeals, no process to follow that will allow you rectify this issue.

Your mother in law committed misrepresentation of the worst kind when she removed you and your youngest child from the application. Your husband did too when he signed off this terrible error of judgement. IRCC have never, as far any of the hundreds of members of this forum are aware, allowed non declared to family members to be sponsored afterwards.

The application process states very clearly on the ‘additional family members’ form who needs to be declared and what the consequences are if you do not. There’s no good or honest reason for an applicant to lie about being married or the number of children they have. The punishment for this type of misrepresentation is that you’ll never be able to fix the lies told. Your husband and mother mother in law willingly deceived IRCC for one of the most ridiculous reasons possible, a possible delay in processing. That’s insanely bad judgement. I’m not sure on this, so maybe somone else can confirm, but your husband might not have been eligible to be sponsored by his mother if he declared his true marital status that he was married. That could mean he’s living in Canada on a PR status gained fraudulently.

Your husband and mother in law will be lucky to not have their own PR status revoked due to their misrepresentation. IRCC could do so very easily. I actually think the biggest punishment is for them to remain in Canada and have to live with knowing their lies are the reason you’re not together in Canada. It’s really very heartbreaking and I really do feel absolutely terrible for you. I wouldn’t wish this sort of punishment on anyone. IRCC doesn’t mess around with these situations. They make it clear what will happen if you don’t declare family members.

As for you and your youngest child, I’d start to think about immigration under one of the economic streams. Find out what you could do to be eligible to immigrate here on your own. That’s your only hope. Train for a skilled a job, ensure your education is sufficient, etc.

I’m sorry you’re in such a horrible situation, and wish you well in trying to reunite with your family. Good luck.

my husband didnt know that his mother erased my name. he just known this time when he recieved the letter from IRCC that his ineligible to sponsor us because he did not declare us. i feel so terrible to. and im planning to get an skilled education to get in canada. but if i do that can i go with my children together or i should sponsored them after i get my pr?

 

[canuck78]

my husband didnt know that his mother erased my name. he just known this time when he recieved the letter from IRCC that his ineligible to sponsor us because he did not declare us. i feel so terrible to. and im planning to get an skilled education to get in canada. but if i do that can i go with my children together or i should sponsored them after i get my pr?

Unfortunately your husband would not have qualified for sponsorship by his mother had he been married or in a common law relationship. Assume that is one of the reasons she lied. Technically both he and your one child were likely not eligible to be sponsored in the first place.

 

[1887CAN]

my husband didnt know that his mother erased my name. he just known this time when he recieved the letter from IRCC that his ineligible to sponsor us because he did not declare us. i feel so terrible to. and im planning to get an skilled education to get in canada. but if i do that can i go with my children together or i should sponsored them after i get my pr?

As canuck87 has said, it would appear your mother in law removed you from the application because, without doing that, her son wouldn’t be eligible for sponsorship by her.

Whether or not she knew what the consequences would be is irrelevant now, as you’ve had your official confirmation from IRCC that you and your youngest child can never be sponsored by your husband. Your mother in law and husband could be investigated for immigration fraud/misrepresentation now too, as they lied on an immigration application. It’s up to IRCC to decide if they take any action against them.

As for you moving to Canada on your own, if you fit the criteria and apply for PR via an economic stream, then you should be able to sponsor your youngest child to come with you. Moving to Canada on your own as a PR, then sponsoring your child would mean being separated for a year or more during the process. I wouldn’t want to be away from my child for a week, let alone over a year.

Before you do anything further, take the time to understand what’s going on, the importance of telling the truth, and get your affairs in order. You will have to declare your husband on any application for PR that you make. That could trigger an investigation of his move to Canada without you, as the dates aren’t going to sync up and IRCC could see that you were both married before he moved to Canada as single, unmarried dependent of his mother.

IRCC will also have on record that you and your youngest child were deemed illegible for sponsorship by him too. I would expect a lot of investigating of any future and past applications from you and your family now. Be prepared for that. My advice, for what it’s worth, would be to get a lawyer to assist you. You’re facing a large potential uphill battle to make any of this work. Any potential application you make is on the basis that your husband isn’t found inadmissible due to the misrepresentation of his own application. If that does happen, he will likely be deported back your home country anyway. The upside is that you’ll be together again, the downside is that you won’t be in Canada.

All of this is worst case scenario stuff, but it does happen to people. Misrepresentation is a very serious issue for IRCC. In your husband’s case, it’s not like it’s a couple of years of overstay he didn’t declare, and that IRCC can simply forgive it and move on. He and his mother committed probably the most serious immigration violation you could, without actually committing a criminal act.