Landed and didnt declare marriage

[ronaldo7]

Hi Everyone,

I am from India.I got married during my PR was getting processed.I have landed in canada. As I didnt want to interfere during the process. I didnt declare my marriage in India nor register it. My wife is working and has a masters degree just like me. I thought I would go back and get my marriage registered and then apply for sponsership. But I have heard that many documents are required for the process. I know my spouse from 7 years and have letters and conversations to prove it. Would it be a problem if I register my marriage and apply for sponsorship now, if yes what are my other options?

 

[scylla]

Hi Everyone,

I am from India.I got married during my PR was getting processed.I have landed in canada. As I didnt want to interfere during the process. I didnt declare my marriage in India nor register it. My wife is working and has a masters degree just like me. I thought I would go back and get my marriage registered and then apply for sponsership. But I have heard that many documents are required for the process. I know my spouse from 7 years and have letters and conversations to prove it. Would it be a problem if I register my marriage and apply for sponsorship now, if yes what are my other options?

Unfortunately you have a massive problem on your hands. It was mandatory that you declare your marriage and add your wife to your application before you landed in Canada and became a PR. Because you failed to do that - you can never sponsor your wife for PR. Additionally, this means you committed misrepresentation by landing using a COPR for a single person when you were in fact married - this creates the risk that CIC could revoke your PR. There are really two options: (1) your wife needs to apply for PR on her own through an economic stream like Express Entry; (2) you need to give up your PR status and apply again from scratch - this time including your wife.

 

[ronaldo7]

Hi Syclla,

Yes. It would be a problem, but the marriage is not registered anywhere. Do you think it would still be an issue?

 

[futurecanadiannew123456]

Hi Everyone,

I am from India.I got married during my PR was getting processed.I have landed in canada. As I didnt want to interfere during the process. I didnt declare my marriage in India nor register it. My wife is working and has a masters degree just like me. I thought I would go back and get my marriage registered and then apply for sponsership. But I have heard that many documents are required for the process. I know my spouse from 7 years and have letters and conversations to prove it. Would it be a problem if I register my marriage and apply for sponsorship now, if yes what are my other options?

as i understand from what you are saying is you are not legally married yet as there was no marriage registration happened?

if this is the case then you have no problems at all.

you can go back to india and get married. and then come back to canada and sponsor your wife.

its easy ..peice of cake..

the problem is if you have your marrieage registered and you didnt declare it to canadian authorities.

hope it helps

 

[ronaldo7]

No. Legally I am not married. There is no registration of marriage. I would have to register my marriage in India to get it legalized.

 

[futurecanadiannew123456]

You should have informed CIC about your marriage before you landed. You will not be able to sponsor your wife now because you lied about your relationship status. It explicitly says so in the COPR letter.

"You must therefore inform us of any change in your marital status or in your family composition (marriage, common-law relationship, separation, divorce, birth of a child, adoption, death, etc.) BEFORE you leave for Canada."

"Any current family member not examined now can never be sponsored by you in the future."

Your only option is for your wife to independently apply for PR.

guys he is not married legally, its just a cultural marriage i beleive but no court or law has delcared them as husband and wife so technically he is single.

 

[futurecanadiannew123456]

No. Legally I am not married. There is no registration of marriage. I would have to register my marriage in India to get it legalized.

you are SINGLE!!!!!! so dont worry ...go back to india register your marriage and then come back to canada and declare your marriage and sponsor your wife,

but the process would hve been a lot easier if you would have married after applying for PR and then declare it.

you would have just had to fill in some extra forms and you and your wife both would have got PR,

how ever you didnt do that , are you already landed in canada?

 

[ronaldo7]

guys he is not married legally, its just a cultural marriage i beleive but no court or law has delcared them as husband and wife so technically he is single.

True. Its not registered in any court of law.

 

[futurecanadiannew123456]

Well, I get that now but his original post was anything but clear. I thought he meant he hadn't registered the marriage with CIC. I agree that he doesn't have a problem if he's not legally married.

He might still have a problem though if he previously lived together with his fiance and he is in fact common-law.

well technically in india there is no common law...so he is good.

 

[ronaldo7]

you are SINGLE!!!!!! so dont worry ...go back to india register your marriage and then come back to canada and declare your marriage and sponsor your wife,

but the process would hve been a lot easier if you would have married after applying for PR and then declare it.

you would have just had to fill in some extra forms and you and your wife both would have got PR,

how ever you didnt do that , are you already landed in canada?

Hi. Thanks for the reply. I know I made a big mistake. But whats happened has happened. Yes I am in Canada. If I register my marriage now wouldnt it be a problem as date of mariage would be old at processing time?

 

[amodmallya]

Hi. Thanks for the reply. I know I made a big mistake. But whats happened has happened. Yes I am in Canada. If I register my marriage now wouldnt it be a problem as date of mariage would be old at processing time?

Back dating the registration will be a problem. You have to make sure that the registration date is after your landing date( And after you landed in your home country ofcourse).

 

[Stanlee]

Well, I obviously don't know anything about how marriage works in India, but since nobody else is responding:

If you register your marriage and on the marriage certificate they backdate the date of the wedding to the time of your ceremony (i.e., pre-landing), then you are not better off because CIC will look at the marriage certificate and conclude you were in fact married before you landed.

If they put the date you register your marriage on the marriage certificate, then you're fine.

Agree with this point.

 

[zardoz]

well technically in india there is no common law...so he is good.

That's completely irrelevant. Common-law is defined by Canadian standards for immigration purposes, not Indian ones.

 

[jassu2]

Hi. Thanks for the reply. I know I made a big mistake. But whats happened has happened. Yes I am in Canada. If I register my marriage now wouldnt it be a problem as date of mariage would be old at processing time?

U wont be in trouble bcoz its not registered..

to be on safe side.. whn ever u go to india.. get religiously married again.. and then go to court with the latest certificate.. its a very small matter to worried abt..

 

[sikkavarun]

Hi. Thanks for the reply. I know I made a big mistake. But whats happened has happened. Yes I am in Canada. If I register my marriage now wouldnt it be a problem as date of mariage would be old at processing time?

Hi @ronaldo7,

Yes it will be a problem if your marriage date is older than when u received ur PR. So technically, to be on the safer side, u need to just ensure that from India you need to get married in court directly instead of getting your marriage registered. But it is a long process in India as you have to first register for the the next available date, then have some legal documents prepared, get a notice in newspaper or some notice on their notice board (need to check that) that nobody has an objection and then you get a date from court for the marriage. It takes more than a month for this.

In short, do not register your marriage which took place before. Get married in court directly. They will give you the marriage certificate for this new date only. This is the safest option. (yes, registering a marriage
and getting married in court are two separate process)

For the overview of the process see this URL http://www.helplinelaw.com/family-law/PCMI/court-marriage-procedure-acts-eligibility-and-age-india.html

I would suggest try to get hold of an agent or marriage consultant in your area where you reside and they can help you better in all the paperwork.

Another option could be to get married again in the temple (if you are a hindu) and the priest can also issue a temporary marriage certificate under the Hindu Marriage Act of Indian Constitution. With this certificate, you can then directly apply for the Marriage certificate from the SDM office/district court of your area of residence.

You can consult a local advocate of your area and he can help you with that too.