Legalities of entering with TRV and later getting married

[cdarroch]

If my girlfriend enters Canada on a legal TRV, and I then ask her to marry me and we submit an inland application, is there any legal quandary there? We are currently in a country where there is NO legal common law union (though we meet and exceed the Canadian definition of which she is not aware), and since only the laws of the country in which we reside actually apply to us here, she checked "never married" on the TRV application. Will this raise red flags to an IO?
Thanks!

 

[sanjeev400]

Hi, I am under the same case as you, and I have a common law partner and I think the best is to get a paper signed by a notary or a lawyer competent in the country recognising your relationship at least one year. For me, the case is a little more complicated as I did not declare his existence during my visa process and I asked to regional CIC about my new change in status and they asked me to report any changes at the port of entry. You will see on he form there is a boc mentionning common law partner this is usually this box which needs to be ticked. Best of luck.

 

[cdarroch]

Hi there,
What I mean is, that as far as this country and my girlfriend are concerned, there IS no legally recognized relationship (because common law means nothing here, only marriage), so, under the laws which currently apply to her, she is "Never Married". My question is thus: Will the "Never Married" raise a red flag later to the IO when we try to prove our common law status? Is this fraud??? Again, she has no idea whatsoever that there is such a thing as a legally recognized relationship outside of wedlock, and is completely unaware of my intentions.

Any ideas anyone?

Good luck with all of your applications, and thanks for all the advice!

 

[sanjeev400]

Hi again, in the country where I am there are no legal acceptance regarding common law union. But, you only have to prove that you both were together for at least one year and you have to forward a common law declaration form stamped and signed by an authority or by a lawyer for example. You need to prove that you both shared commonly like rental of a house, have joint bank accounts, that you have travelled together etc... This should not be a problem.

 

[jojobaba]

Hi Sanjeev 400

I am looking for the answer of a hypothetical situation which I might have to face in near future since it rsembles to a certain extent with your case so i need your advice.Presently I am single/never married and my case for PR visa under FSW is underprocess. If i got married after issuance of visa and before 1st time landing in Canad. What would be the scenario then ? Someone on this forum told that in that case you have to informed the local CHC about status change and they would cancell my initial visa and then would process the case for me & my spouse. It is lilltle bit strange. I think that if i inform the local CHC about status change and provide all required docs of my spouse to local CHC they should just process my spouse case and not cancell my visa and then I should be free to land Canada while back home the case of my spouse is under process.
Pls reply

 

[PMM]

Hi

Hi Sanjeev 400

I am looking for the answer of a hypothetical situation which I might have to face in near future since it rsembles to a certain extent with your case so i need your advice.Presently I am single/never married and my case for PR visa under FSW is underprocess. If i got married after issuance of visa and before 1st time landing in Canad. What would be the scenario then ? Someone on this forum told that in that case you have to informed the local CHC about status change and they would cancell my initial visa and then would process the case for me & my spouse. It is lilltle bit strange. I think that if i inform the local CHC about status change and provide all required docs of my spouse to local CHC they should just process my spouse case and not cancell my visa and then I should be free to land Canada while back home the case of my spouse is under process.
Pls reply

How many times are going to ask the same question? Until you get an answer that you like?

PMM

 

[ariell]

Hi Sanjeev 400

I am looking for the answer of a hypothetical situation which I might have to face in near future since it rsembles to a certain extent with your case so i need your advice.Presently I am single/never married and my case for PR visa under FSW is underprocess. If i got married after issuance of visa and before 1st time landing in Canad. What would be the scenario then ? Someone on this forum told that in that case you have to informed the local CHC about status change and they would cancell my initial visa and then would process the case for me & my spouse. It is lilltle bit strange. I think that if i inform the local CHC about status change and provide all required docs of my spouse to local CHC they should just process my spouse case and not cancell my visa and then I should be free to land Canada while back home the case of my spouse is under process.
Pls reply

Well unfortunately, you are not the one who makes the regulations. Your visa will need to be cancelled and re-issued because of your change in marital status (i.e. from single to married). You were given the correct information previously. If you choose to land without informing CIC of your change in marital status then you will lose the right to EVER sponsor your spouse to Canada. Yes, that is right, if you don't do it now, you will NEVER be allowed to do so in the future. No exceptions.

 

[cdarroch]

Can anyone opine on the legalities of my attempt at sponsorship? I realize that this would be an unfair (and illegal) subversion of the system IF my girlfriend knew that I plan to ask her to marry me - but she has no idea, and also no idea that we even have a legally recognizable relationship. I'm worried that an IO might not view the "Never Married" box on the TRV form as either a misrepresentation or an outright lie... please help! Thank you all very much, you're a bunch of life-savers!!

 

[Boncuk]

It wouldnt be misrepresentation as she is never married. She doesn't know your intentions. You could inform her though that you do have a legally recognisable relationship.. why keep her in the dark about that?

 

[cdarroch]

Thanks Boncuk... the thing is, we -really- don't want to be separated. The office which processes applications from her country is Guatemala, apparently one of the slowest ones in the world. I was going to ask her to marry me here, anyway, but due to a variety of factors (not the least of which is my apparent inability to get a work visa here - I'm making runs back and forth over the border to maintain legal status), I MUST return to Canada. Believe it or not, inland would seem to be faster in our case.
The reason I don't want to tell her is that then she -would- be misrepresenting herself, lying to the IO on her way in, as the proper statement for the application would be either "common law" or "engaged", which it wasn't. As it stands, her intentions really are temporary. We wouldn't want to get into a bad legal situation that could harm us (or others trying to stay together) later.