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Marital Status Single before landing

jakklondon

Hero Member
Oct 17, 2021
582
139
Thank you Everyone for the comments. I agree that there is nothing much left to do at this point except seeing a good lawyer.
Thanks Again
@Ptushar0209 , what exactly is your question? I will try to address it, but please try to state the facts, summary of all facts and the question you have in as few words as possible.

Example:
1. I applied for PR from India and received COPR on January 2019;
2. On March 2020, I have married (my marital status changed);
3. On April 2020 I have landed.
4. I have omitted (missed/forgot to mention) the change of my marital status;
5. I am now concerned and would like to ask.... (state specifically what your question is).


I can't emphasize it enough: please try to state the facts and your concerns/questions in as few words as possible (without going into graphic and lengthy descriptions of unnecessary details, expression of mental torment/remorse and zig-zags in storyline).

This will help one to clearly understand what the circumstances are and what exactly you wish to know. We could then try to address your concers to the best we can.

P.S. I will also note that the most useful answers are those that are pointed and succinct, and do not confuse you with extremely lengthy and deranged speculations (i.e. we have certain member who uses this forum in lieu of medical sessions with psychiatrist). So, beware, and best of all, seek legal counsel from licensed attorney if ever in doubt.
 
Last edited:

Ptushar0209

Full Member
Oct 26, 2021
32
6
@jakklondon
Here's the background:
1. Applied for PR express entry Dec 2019
2. Got Married Feb 2020 (India),
3. Received COPR Information letter that I am now PR - June 4th, 2020 (sample shared in a previous thread)
4. Marriage certificate - July 10, 2020
5. Landed in Canada - August 22, 2020
6. Received PR card in Sep 2020
7. Gathered all the documents for sponsorship application & submitted Jan 2021
8. They asked for a biometric for my wife & issued a sponsor eligibility approval letter in July 2021 & file went silent since then
9. In my last GCMS notes, the visa officer made a remark it goes
"Wedding appears to have been performed in accordance with cultural norms. The applicant and sponsor are compatible in all aspects. They appear natural and comfortable in marriage and post-marriage photographs. Evidence of marriage provided appears satisfactory in entirety suggesting that relationship is genuine**NOTE: Sponsor married applicant on 26/02/2020 - He became PR on 04/06/2020. Info on the sponsor's file indicates the marital status of the sponsor as single. This indicates that the sponsor was already married prior to his landing in Canada and he did not declare his correct marital status at the time of landing.** No concerns seen in bona fides of relationship, however, in view of above, a case referred to an officer for decision."

Since then I have started to look around what it actually means & ask questions about my case.

My concerns are:
1. What is the actual window of opportunity for the applicant to declare a change in marital status?
2. Does IRCC's communication pattern is standard for everyone? or how common it is for them to send letters out in a random fashion?

Example - https://community.movnorth.com/uploads/default/original/1X/654d4184bcf232f1a56d2fcc2feb9ba16e69857c.png
https://community.movnorth.com/uploads/default/optimized/1X/76e8e110afca2e67c36c9d94c10b0b87e74b5183_2_434x500.png
Some lucky Applicants get this letter before they issue COPR. This would have been a lifesaver in my case but unfortunately, I never received this before they sent me a COPR information letter.

3. COPR format - They changed the complete format of COPR during Covid times. No clear information was sent out. What we all had seen prior to that is detailed COPR which states the "Marital status" in the first line itself. But what I received was a plain letter stating that I am PR. There is absolutely no chance of correcting anything.

4. If the process of issuing COPR was different then why not communicate with applicants first if they are inside or outside Canada before they send out COPR? Or send out clear instruction letters making them aware of the process. Again random procedure - I have seen a few people receiving calls from immigration asking they are inside-outside, and some receiving emails.

5. Landing interview - From my knowledge, this is the absolute last opportunity for anyone to correct their marital status and other information & receive a signed copy of COPR for themselves. This never happened in my case.

6. What is the first day when I am officially PR? when I received the COPR information letter or the day when I actually landed in Canada?

I am not sure, why they mentioned in my GCMS that I did not declare my correct marital status at the time of landing. I was never asked, never interviewed, never filled out any form, never signed anything. I showed them my COPR information letter, work permit, and passport when I came back to Canada.
 
Last edited:

armoured

VIP Member
Feb 1, 2015
17,282
8,889
6. Received PR card in Sep 2020
7. Gathered all the documents for sponsorship application & submitted Jan 2021

...
My concerns are:
1. What is the actual window of opportunity for the applicant to declare a change in marital status?
2. Does IRCC's communication pattern is standard for everyone? or how common it is for them to send letters out in a random fashion?
This a good collection of info and timeline although you should check for all the detail you have.

See a lawyer - ASAP.

I warn: I think you are still underestimating the degree of difficulty you will have.

Even if all of what you have written above is correct and nothing omitted - i.e. that IRCC did NOT communicate with you as per standards, you did not sign anything or respond that you were in Canada when you weren't, even if CBSA did not 'land' you per usual at border (due to confusion presumably about how you were entering Canada), etc, etc.

Even if all of that is attributed to IRCC/CBSA ....

...you still have two big issues (possibly more) that throw your argument into question.

1) You applied for a PR card and didn't advise of change of marital status. So even if you are uncertain about date, you know that you 'landed.'
2) You did not advise IRCC at all of change of status after landing, which they might interpret as you not advising them at the earliest opportunity.

Again, IRCC will go back to all of their other communications and instructions that say you are responsible for notifying them of changes in marital status.

Please note: I'm not saying you have to convince me - I'm aware of the counter-arguments to the points I'm making. You need to speak to a lawyer. Convincing me (or anyone here) means exactly nothing.

While I admit I'm doing a little bit of devil's advocacy here, this really, really will not be an easy path to 'win' (as others have warned).

But on the positive side, you have clearly been listening to what others are mentioning here and getting organised.

Good luck.
 
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jakklondon

Hero Member
Oct 17, 2021
582
139
@jakklondon
Here's the background:
1. Applied for PR express entry Dec 2019
2. Got Married Feb 2020 (India),
3. Received COPR Information letter that I am now PR - June 4th, 2020 (sample shared in a previous thread)
4. Marriage certificate - July 10, 2020
5. Landed in Canada - August 22, 2020
6. Received PR card in Sep 2020
7. Gathered all the documents for sponsorship application & submitted Jan 2021
8. They asked for a biometric for my wife & issued a sponsor eligibility approval letter in July 2021 & file went silent since then
9. In my last GCMS notes, the visa officer made a remark it goes
"Wedding appears to have been performed in accordance with cultural norms. The applicant and sponsor are compatible in all aspects. They appear natural and comfortable in marriage and post-marriage photographs. Evidence of marriage provided appears satisfactory in entirety suggesting that relationship is genuine**NOTE: Sponsor married applicant on 26/02/2020 - He became PR on 04/06/2020. Info on the sponsor's file indicates the marital status of the sponsor as single. This indicates that the sponsor was already married prior to his landing in Canada and he did not declare his correct marital status at the time of landing.** No concerns seen in bona fides of relationship, however, in view of above, a case referred to an officer for decision."

Since then I have started to look around what it actually means & ask questions about my case.

My concerns are:
1. What is the actual window of opportunity for the applicant to declare a change in marital status?
2. Does IRCC's communication pattern is standard for everyone? or how common it is for them to send letters out in a random fashion?

Example - https://community.movnorth.com/uploads/default/original/1X/654d4184bcf232f1a56d2fcc2feb9ba16e69857c.png
https://community.movnorth.com/uploads/default/optimized/1X/76e8e110afca2e67c36c9d94c10b0b87e74b5183_2_434x500.png
Some lucky Applicants get this letter before they issue COPR. This would have been a lifesaver in my case but unfortunately, I never received this before they sent me a COPR information letter.

3. COPR format - They changed the complete format of COPR during Covid times. No clear information was sent out. What we all had seen prior to that is detailed COPR which states the "Marital status" in the first line itself. But what I received was a plain letter stating that I am PR. There is absolutely no chance of correcting anything.

4. If the process of issuing COPR was different then why not communicate with applicants first if they are inside or outside Canada before they send out COPR? Or send out clear instruction letters making them aware of the process. Again random procedure - I have seen a few people receiving calls from immigration asking they are inside-outside, and some receiving emails.

5. Landing interview - From my knowledge, this is the absolute last opportunity for anyone to correct their marital status and other information & receive a signed copy of COPR for themselves. This never happened in my case.

6. What is the first day when I am officially PR? when I received the COPR information letter or the day when I actually landed in Canada?

I am not sure, why they mentioned in my GCMS that I did not declare my correct marital status at the time of landing. I was never asked, never interviewed, never filled out any form, never signed anything. I showed them my COPR information letter, work permit, and passport when I came back to Canada.
I see your predicament now. I have seen people who were misled and eventually prevailed in court/appeal against State or any entity, but you would need some strong evidence in your favor to hope for such an outcome. An example would be gross incompetence of the other party and a proof/evidence that you were transparent and forthcoming, but they ignored your inquiries nevertheless and caused you to end up in your current situation. An example would be the following (this is extremely unlikely scenario in the context of immigration application, but I am just stating it for the sake of bringing an example of situation where you could make a strong argument in your favor): You emailed, asked (preferably there is evidence/record of this somewhere) immigration officers in charge of your case whether you should declare your marriage, and one or two of them said "Oh no, no worries, no need to declare, just sponsor her later" or something to that effect. Or, they carefully listened to you as you said "Officer, I just got married but my wife is not declared on my PR application" and then approved your COPR , and the border agent at landing (reading their notes and fully aware of the situation) said "Happy Honeymoon and welcome to Canada!". But I don't think this is what happened to you, nor do I think you have a proof of their gross incompetence and proof that you made the officers aware of your marital status and insisted that they review and process your case accordingly.

As to your legitimate complaint that no one told you and assertively advised you to declare your marital status before landing, there are couple of things that are not in your favor. First, the agents of CIC are not your attorneys. It's not their job to give you legal advise or help you in any way to comply with the law. Their job is kind of like a hunter in the jungle, to catch you making mistake and falling into trap. Your job, as immigrant and applicant, is to be aware of law and be vigilant, not to make any mistakes. Your not knowing the law does not absolve you of obligation to obey it, because no one was hiding it from you. It was not willfully hidden/obscure. And, if I am not mistaken, I believe there were ample of warnings to keep CIC updated of your family status, or else , if you failed to declare your family status (chill birth, marriage) the undeclared members would be ineligible to get any immigration benefit. I don't recall if this was in one of the application (if it was, you are totally screwed), but I clearly recall being made aware of the consequences of improperly declaring your family status and if I made a mistake similar to your I would be out of arguments to defend my position. Even if I was sincerely mistaken and unintentionally failed to know the legal consequences of my action

Re: PR status - you became PR the day you landed in Canada (when they stamped your COPR and declared you a PR of Canada). Prior to examination at POE you are not a PR, despite holding the PR visa and COPR.
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
5. Landing interview - From my knowledge, this is the absolute last opportunity for anyone to correct their marital status and other information & receive a signed copy of COPR for themselves. This never happened in my case.
A bit of clarification on the above point.. You can't actually declare your marriage / correct your marital status at landing AND also successfully complete landing formalities. If you declare your marriage at landing, landing would be refused since your COPR lists you as single and your spouse is not part of your application. Your application would need to be opened back up and all of the forms and other documents (PCC, medical, etc.) submitted to add your spouse to your application. Once IRCC successfully processes all of the information and documents related to your spouse (3+ month process), you would then be issued a new COPR listing your status as married. Only then would you be able to successfully land.

Good luck again trying to resolve this.
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,183
Here's the background:
1. Applied for PR express entry Dec 2019
2. Got Married Feb 2020 (India),
3. Received COPR Information letter that I am now PR - June 4th, 2020 (sample shared in a previous thread)
4. Marriage certificate - July 10, 2020
5. Landed in Canada - August 22, 2020
6. Received PR card in Sep 2020
7. Gathered all the documents for sponsorship application & submitted Jan 2021
8. They asked for a biometric for my wife & issued a sponsor eligibility approval letter in July 2021 & file went silent since then


My concerns are:
1. What is the actual window of opportunity for the applicant to declare a change in marital status?
2. Does IRCC's communication pattern is standard for everyone? or how common it is for them to send letters out in a random fashion?
The key events and dates are simple:
-- the date of marriage, and​
-- the date you became a PR.​

The latter, the date you became a PR, should be noted on the back of your PR card. If the date of the marriage is after the date you became a PR, NO PROBLEM. If the date of the marriage is before the date you became a PR, that is a PROBLEM. In what way and how much so can get complicated.

The notes in GCMS you quote state that you became a PR on June 4, 2020. That's the date that matters. You married in February 2020, before the date you became a PR. Since your spouse was not examined before you became a PR, despite the genuineness of the marriage the regulations prescribe that she is not a member of the family class, which means she cannot be sponsored for PR by you.

1. What is the actual window of opportunity for the applicant to declare a change in marital status?

While the way you frame this question focuses on what does not really matter, not in the usual case anyway, and kind of misses the point, the gist of it FOR SPONSORING a SPOUSE PURPOSES, is that in order to have a dependent, including a spouse, examined (which is what the rules require), the applicant for PR needs to declare the family member (in your case, a spouse) BEFORE becoming a PR. So, again, the key information is the date of the marriage and date you became a PR.

FOR PURPOSES in regards to MISREPRESENTATION potentially being alleged and inadmissibility proceedings to terminate your PR status, it is more complicated and can get a lot more complicated. Odds generally are favourable, meaning that in most such cases it is not likely IRCC will prosecute misrepresentation. Given the circumstances you describe, subject to the particulars, it appears that prosecuting inadmissibility based on misrepresentation is even less likely (noting too that while criminal prosecution is possible, that is typically highly unlikely even in the usual case, let alone in the circumstances you describe).

2. Does IRCC's communication pattern is standard for everyone? or how common it is for them to send letters out in a random fashion?

While like any organization or body or government entity, IRCC makes mistakes in sending out communications. But generally, no, IRCC does not commonly send out letters "in a random fashion." IRCC communications do, however, tend to include information, especially boilerplate stuff, that is not relevant to the particular individual. But I am not sure what this question is getting at.


The Overriding Question: Might the Particular Procedural Process Employed (due to pandemic-response measures) Open a Crack For An Exemption or Exception to the Ban?

There has been a lot of back-and-forth here about this. No one here can come close to offering a reliable analysis. As others and I have stated rather firmly, BEST to SEE a LAWYER.

You can wait to see what happens next in the sponsorship application. Perhaps your sense about the sequence of events and the lack of opportunity to update your PR visa application is a readily apparent flaw in how things actually happened in your case, and an officer will decide your spouse meets the definition of a spouse eligible to be sponsored in the family class. Maybe. Perhaps all you lose by waiting is time passing. If it does not go that way, and the officer decides your spouse does not meet the definition of a spouse eligible to be sponsored in the family class, because she was your spouse on the date you became a PR and she had not been examined, the application will be denied and you will have an opportunity to appeal. You do not absolutely need a lawyer to prosecute your appeal, but in practical terms you really do need a lawyer.

But apart from the obvious downside in waiting until there is a decision, the passing of time, a time during which you will have no certainty about where this is headed, the prudent proactive action to take is to obtain the assistance of competent, reputable legal representation. That is, if there is a possible crack, a possible exemption or exception based on the particular procedures followed in your specific situation, other than surrendering your fate to the particular officer reviewing this issue and hoping that officer sees such a crack and decides to act favourably on it, getting a lawyer involved is your best shot.

I am not suggesting a lawyer can fix this. Maybe. A lawyer might help find a way through. If there is a chance, a lawyer should be able to improve the odds. In general the odds are overwhelming against relief. In your particular situation, no point guessing. See a lawyer.


**Note: While you have done an admirable job outlining what are probably most of the relevant details, you also recite not-so-relevant details. I do not mention this to criticize, not at all, but to highlight how important it is to review the particular facts and details with a qualified professional, who can look at the documents, the communications, and review everything confidentially with you, to sort things out, including identifying what is important, how and why, and what difference this or that makes. To analyze your situation relative to the particular procedural events in your specific case, requires a competent, qualified lawyer. To clarify just one small example, the GCMS notes refer to the marriage "prior to his landing in Canada." That is NOT in reference to the date you say you landed in Canada: "5. Landed in Canada - August 22, 2020" You are referencing a particular date when you arrived in Canada from abroad. The GCMS reference to "landing" is a reference to the date you became a PR. By the time you arrived in Canada in August 2020 you were already a PR, and had been one since June.
 

dpenabill

VIP Member
Apr 2, 2010
6,435
3,183
Rare for me with respect to your considered and thought-out posts: I outright disagree with you here, or at least underlining that you have missed the point.

Note, I am not disagreeing on the points of fact (eg that unexamined/undeclared family members are a misrepresentation and make them inadmissible).

We know that; the point is different. That there clearly is an issue or problem of communication here, and given the severity of the consequences, it would be better for all concerned if IRCC found a way to communicate this more effectively.
I was not addressing how-things-should-work. In fact I was trying to dodge that question, skirt the issue. But in reference to this particular aspect of how things work, how they work is very much tied to the core importance of marital status and declaring spouses and dependent children in the process of acquiring PR status. So I made an effort to drive home just how important, how "material," this is, to make clear what a pivotal role this information has.

As I noted, in jumbled words as I am wont to do, unfortunately, both the Federal Court and the IAD have referenced the jurisdictional limitations imposed by the definition of who (or more precisely in this context who is NOT) a member of the family class, who can be sponsored for PR (if both sponsor and applicant otherwise meet the qualifying requirements). The absence-of-jurisdiction door is very difficult to open; actually it is more a wall than a door.

I will say there are all sorts of situations in which I feel IRCC's information fails to adequately communicate what is at stake.

I don't know that zoos need to post additional cautions for its more dangerous residents, bears or tigers or venomous snakes. There are no special cautions about speeding posted in many school zones, including none other than simply a sign posting the reduced speed limit for the school zones in my neighbourhood. There are no warning signs where I bank that robbing it might result in arrest and jail time.

But yeah, where IRCC says (in multiple sources) that a PR may be entitled to credit toward the Residency Obligation if they need to work abroad for a Canadian employer, failing to alert PRs that qualifying for that credit requires meeting substantially more stringent requirements than that, I am disappointed that IRCC is not doing a better job communicating.

And from what I have seen, IRCC communications still tend to be heavily laden with boilerplate information that is not pertinent to the client and which often confuses clients.

So I do not disagree with the proposition that better communication is called for, and especially in regards to matters which can have a profound impact on an individual's life.

In the meantime, the @Ptushar0209 situation appears to be outside the routine procedures and attendant communications, peculiar to an inland application in the time of covid and the incidental timing of events. This distinction warrants emphasizing because if @Ptushar0209 has much chance of being able to sponsor his spouse, that chance almost certainly depends on whether the manner and sequence and substance of the procedures and attendant communications compromised procedural fairness sufficient to be cause for an exception to who is defined to be a member of the family class for purposes of sponsoring a PR visa application.

Which is to recognize the @Ptushar0209 situation is, probably, different enough to be addressed individually, relative to the procedural fairness in how his case proceeded, including in particular the last steps and communications in the process leading to his actually becoming a PR. But that really is talk-to-a-LAWYER stuff.

In regards to the broader question as to the impact of failing to declare a family member, in the ordinary or usual case, which is what I think your observations, in effect there-should-be-better-communication observations, are about, again, as usual, I was trying to dodge that question, trying to skirt the issue, but at the same time trying to make it clear how declaring family members is in no way incidental information but goes to the core of the PR visa applicant's eligibility for a grant of PR status. However one feels about the adequacy of IRCC communications in regards to this subject, to understand how the rules currently work (barring some exception in a particular case, perhaps for @Ptushar0209, or at least one might hope) it is necessary to recognize the core importance of truthfully and completely disclosing family members in the process . . . as I tried to note with emphasis, even if there is some information one could arguably quibble about whether it is "material," there is no doubt about marital status, or about spouses and dependent children, that information is clearly, unequivocally, unquestionably material.

And this is true on a broader scale, in regards to the way things actually work. Because it is really important for applicants and prospective applicants, for all IRCC clients, to recognize that there is a huge difference between mistakes in fact, or unintended omissions, regarding incidental information (which can nonetheless still be "material") versus failing to be truthful and complete in regards to the core, essential elements in the respective transaction. Maybe it comes across as an empty tautology but it warrants emphasizing: when it matters, it matters. Marital status matters.

By the way, you reference the situation in which a couple can be deemed in a marital relationship based on cohabitation. And yes, that situation actually does show up in some of the cases. Sometimes with a twist . . . the indicators of cohabitating in a marital relationship can sometimes fall short of sufficiently establishing the relationship for purposes of qualifying for sponsorship or being an included family member in a PR application, but after the fact similar circumstances can be sufficient for IRCC to deem it a marital relationship that should have been declared. The system is far from perfect. It is, after all, a bureaucracy.

Cases involving children can be especially heart-wrenching. One of the cases I was reading recently involved a child born after the person became a PR. Child could be sponsored (given date of birth after date of PR's landing). The child's mother could not. As I recall, either the IAD or a FC justice (I forget which particular case it was) suggested that the PR sponsor the child (born abroad) and then the mother could pursue an independent application for PR based on H&C considerations, emphasizing the best interests of a minor child living in Canada. My memory is not clear, but I think this was one of those cases where the IAD or court definitively stated there was no jurisdiction to even consider granting the spouse a PR visa based on a sponsored application, because as a matter of definition the spouse is NOT a member of the family class. Again, no jurisdiction rules pose especially onerous hurdles.

Again, I am referencing this NOT to address how-it-should-be. I am emphasizing what the rules are and how they work. And how important it is for those making applications to IRCC to pay attention to what matters, and remember, when it matters, it matters.

For those applying for PR visas, marital status matters, big time. Right up to the end.
 

canuck78

VIP Member
Jun 18, 2017
55,591
13,522
Someone has already correctly pointed oyt that your landing date was June not August. Not only were you required to declare your marital status you were also required to update your address/location. Although you were able to deal with your sponsirship online you are still required to update your current address. You were in India for 6 months which did have an impact on your file. You were offered virtual landing because you had indicated that you were living in Canada. You were actually very lucky that you were able to board the plane back to Canada without a PR card or PRTD. Your temporary visas are nornally cancelled after you get PR.
 

Hope187

Member
May 18, 2021
11
0
Hi All,

Looking for some advice here.
I recently got my PPR and received my COPR yesterday. I got married last year after AOR and my spouse is a Permanent resident residing in Canada. Soon after I informed IRCC about change in my marital status and submitted her PR card and Marriage certificate documents which was received by IRCC as noted in the gcms notes.

I noticed that the marital status in the COPR is "Single". I am planning to do the landing soon. Not sure if the marital status as single will impact in anyway. Has anyone ever seen this scenario before?
 

taran1493

Newbie
May 11, 2022
1
0
Hi All,

Looking for some advice here.
I recently got my PPR and received my COPR yesterday. I got married last year after AOR and my spouse is a Permanent resident residing in Canada. Soon after I informed IRCC about change in my marital status and submitted her PR card and Marriage certificate documents which was received by IRCC as noted in the gcms notes.

I noticed that the marital status in the COPR is "Single". I am planning to do the landing soon. Not sure if the marital status as single will impact in anyway. Has anyone ever seen this scenario before?
Hi, what did you do ? we have same situation ?
 

CNP

Champion Member
Oct 26, 2018
2,562
1,203
@jakklondon
Here's the background:
1. Applied for PR express entry Dec 2019
2. Got Married Feb 2020 (India),
3. Received COPR Information letter that I am now PR - June 4th, 2020 (sample shared in a previous thread)
4. Marriage certificate - July 10, 2020
5. Landed in Canada - August 22, 2020
6. Received PR card in Sep 2020
7. Gathered all the documents for sponsorship application & submitted Jan 2021
8. They asked for a biometric for my wife & issued a sponsor eligibility approval letter in July 2021 & file went silent since then
9. In my last GCMS notes, the visa officer made a remark it goes
"Wedding appears to have been performed in accordance with cultural norms. The applicant and sponsor are compatible in all aspects. They appear natural and comfortable in marriage and post-marriage photographs. Evidence of marriage provided appears satisfactory in entirety suggesting that relationship is genuine**NOTE: Sponsor married applicant on 26/02/2020 - He became PR on 04/06/2020. Info on the sponsor's file indicates the marital status of the sponsor as single. This indicates that the sponsor was already married prior to his landing in Canada and he did not declare his correct marital status at the time of landing.** No concerns seen in bona fides of relationship, however, in view of above, a case referred to an officer for decision."

Since then I have started to look around what it actually means & ask questions about my case.

My concerns are:
1. What is the actual window of opportunity for the applicant to declare a change in marital status?
2. Does IRCC's communication pattern is standard for everyone? or how common it is for them to send letters out in a random fashion?

Example - https://community.movnorth.com/uploads/default/original/1X/654d4184bcf232f1a56d2fcc2feb9ba16e69857c.png
https://community.movnorth.com/uploads/default/optimized/1X/76e8e110afca2e67c36c9d94c10b0b87e74b5183_2_434x500.png
Some lucky Applicants get this letter before they issue COPR. This would have been a lifesaver in my case but unfortunately, I never received this before they sent me a COPR information letter.

3. COPR format - They changed the complete format of COPR during Covid times. No clear information was sent out. What we all had seen prior to that is detailed COPR which states the "Marital status" in the first line itself. But what I received was a plain letter stating that I am PR. There is absolutely no chance of correcting anything.

4. If the process of issuing COPR was different then why not communicate with applicants first if they are inside or outside Canada before they send out COPR? Or send out clear instruction letters making them aware of the process. Again random procedure - I have seen a few people receiving calls from immigration asking they are inside-outside, and some receiving emails.

5. Landing interview - From my knowledge, this is the absolute last opportunity for anyone to correct their marital status and other information & receive a signed copy of COPR for themselves. This never happened in my case.

6. What is the first day when I am officially PR? when I received the COPR information letter or the day when I actually landed in Canada?

I am not sure, why they mentioned in my GCMS that I did not declare my correct marital status at the time of landing. I was never asked, never interviewed, never filled out any form, never signed anything. I showed them my COPR information letter, work permit, and passport when I came back to Canada.

Here is my observation @Ptushar0209 - When you returned to India, it seems you did not inform IRCC about address change (correct me if am wrong). You were still considered as Inland applicants. Back in 2021 when covid was still dominant reason, Inland candidates were directly made PRs WITHOUT having to appear for an interview as it used to be before covid. Hence you were confirmed as PR on 4th June as Inland candidate.

Had you declared that you are in India, IRCC would have sent you PPR email to submit passport and photos. This PPR email clearly states that you MUST inform IRCC of any changes in family composition

@scylla @dpenabill @canuck78 @armoured - thoughts ?
 

armoured

VIP Member
Feb 1, 2015
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Here is my observation @Ptushar0209 - When you returned to India, it seems you did not inform IRCC about address change (correct me if am wrong). You were still considered as Inland applicants. Back in 2021 when covid was still dominant reason, Inland candidates were directly made PRs WITHOUT having to appear for an interview as it used to be before covid. Hence you were confirmed as PR on 4th June as Inland candidate.

Had you declared that you are in India, IRCC would have sent you PPR email to submit passport and photos. This PPR email clearly states that you MUST inform IRCC of any changes in family composition
First, looks like the poster of the question has not been here since Feb.

Your interpretation overall sounds correct to me but not an expert. My advice to sponsor/applicant is get a lawyer - this situation is non-trivial.

I'd only note on sidelines:
-I believe the 'virtual landing' process not only assumes the candidate is in Canada but asks the candidate to confirm this. If that turns out to be a false statement, well, repercussions may be significant. (That said, I'm not 100% certain that the 'normal' virtual landing process was followed in each case - it was initially a bit of a hack to the old procedures.)

-While one can argue that "at no point was I asked to confirm that I was still single" (it wasn't on the docs etc), the documentation for applying to and becoming a PR is quite clear that applicants MUST communicate significant (material) changes to the application, and specifically famly composition. (It's also clear from the express entry app documentation that being married DOES change how the applicatoin is assessed).

So the response or defence of "well I didn't know and no-one asked" is not clearly available, ignorance not a defence. You can still claim it and there's a possibility IRCC or other review might be merciful, but ignorance is not a defence. It's a bit like saying "there was no speed limit posted on that street" when you exceeded the speed allowed for a standard road type specified in law - drivers are licensed and expected to know the basic road types and limits that apply. Perhaps thye'll consider the point due to the changed procedures, perhaps not.
 
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scylla

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Here is my observation @Ptushar0209 - When you returned to India, it seems you did not inform IRCC about address change (correct me if am wrong). You were still considered as Inland applicants. Back in 2021 when covid was still dominant reason, Inland candidates were directly made PRs WITHOUT having to appear for an interview as it used to be before covid. Hence you were confirmed as PR on 4th June as Inland candidate.

Had you declared that you are in India, IRCC would have sent you PPR email to submit passport and photos. This PPR email clearly states that you MUST inform IRCC of any changes in family composition

@scylla @dpenabill @canuck78 @armoured - thoughts ?
OP is of the mistaken impression that marriage status on a COPR can be corrected at landing. It can't. This needs to be done ahead of landing and a new COPR issued. OP was required to inform IRCC of any material changes to status before landing. This was mandatory. He failed to do so. Onus is on the applicant to do this not on IRCC to verify. OP should expect he will never be able to sponsor his spouse.
 

armoured

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OP is of the mistaken impression that marriage status on a COPR can be corrected at landing. It can't. This needs to be done ahead of landing and a new COPR issued. OP was required to inform IRCC of any material changes to status before landing. This was mandatory. He failed to do so. Onus is on the applicant to do this not on IRCC to verify. OP should expect he will never be able to sponsor his spouse.
I should add to be clear: I think the chances are that the outcome will be as described by Scylla. Even if the implicit argument has some logic, however limited, it doesn't mean I think it's a particularly strong case.

Given the severity of the consequences, I'd still suggest the OP see a lawyer - there may not be much harm in making the case as best one can (no harm except cost anyway). Even without a lawyer I'd still say worth trying.

Opinions of those here about the validity of the argument or likelihood of success are certainly not binding on IRCC, and perhaps the chances are better than "we" think. Probably non-zero chances anyway. And we can't exclude simple possiblity of leniency.

Repeat: that's very very far from an optimistic assessment on my part. But of course the OP will most likely want to try.
 

dpenabill

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Here is my observation @Ptushar0209 - When you returned to India, it seems you did not inform IRCC about address change (correct me if am wrong). You were still considered as Inland applicants. Back in 2021 when covid was still dominant reason, Inland candidates were directly made PRs WITHOUT having to appear for an interview as it used to be before covid. Hence you were confirmed as PR on 4th June as Inland candidate.

Had you declared that you are in India, IRCC would have sent you PPR email to submit passport and photos. This PPR email clearly states that you MUST inform IRCC of any changes in family composition
Overall, for @Ptushar0209, the last observations by @scylla, this morning, tells the tale . . . slim chance at best to succeed in sponsoring spouse, and to have a shot at that slim chance he needed to see a lawyer, a good lawyer, right away, MONTHS ago now.

For several years now I have not been following the processing involved in applying for and becoming a PR, but as I recall there was no procedure for changing an inland application to an outside Canada application, and notwithstanding the extent to which the inland application program has expanded, my guess is that this has not changed. This is a question for the forum where PR applications are discussed.

But even if things work the way you describe, all that would do is explain one more way that @Ptushar0209 failed to properly follow the instructions, failing to comply with the requirements imposed by law. Does not change things as otherwise previously observed; in particular . . .

The Overriding Question: Might the Particular Procedural Process Employed (due to pandemic-response measures) Open a Crack For An Exemption or Exception to the Ban?

That would mostly, if not entirely, be rooted in a kind of H&C relief.

In regards to which, importantly, as rather emphatically stated previously: No one here can come close to offering a reliable analysis. Again, as others and I stated rather firmly, before, BEST to SEE a LAWYER. Whether @Ptushar0209 obtained the services of a lawyer, and what has happened since, we do not know.

Why I added my comments:

The issue itself was addressed as fully as this forum could back in February. So, while @armoured, @scylla, and now me, have responded to this morning's query, it warrants noting that in terms of the query itself "see previous responses" would have been adequate.

I cannot speak for either @armoured or @scylla, but to me the reason to more fully respond has to do with noting and emphasizing the BAN ITSELF. So far as I have seen this is one of the most strictly enforced restrictions imposed in Canadian immigration policy, significantly more strict than criminal inadmissibility for example (of course the flexibility allowed in regards to criminal inadmissibility relates to the severity of the conduct involved). The ban is based on a specific statutory eligibility requirement regarding who is defined to be an eligible family member for family class sponsorship.

While this or that requirement for being granted PR status may be waived or mitigated for a person in the class of persons for whom PR status can be conferred, the individual must nonetheless be a member of that class. A spouse who was not properly declared prior to the date an individual becomes a PR is defined to NOT be a member of the family class. It is a practical equivalent to defining that a marriage between these two individuals is not and never will be recognized under Canadian immigration law.

But-for the mess Covid and the global pandemic has made of processing immigration applications, which perhaps is what may open a crack through which a kind of H&C relief might be obtained here, a more definitively negative assessment would be warranted. That is to say, but-for the Covid-related mess, if the date a person becomes a PR is after the date that person married an undeclared spouse, that PR will be forever banned from sponsoring that spouse.

There are arguments the policy and practice can be excessively harsh and there should either be some relief allowed in extenuating circumstances, or better communication safeguards employed to help PR applicants avoid this problem, but there has been virtually NO hint that IRCC or the IRB are so much as considering a less strict approach to this ban. Which is to say I doubt the chances are better than "we" think.

Which is to say the forum should be absolutely clear in cautioning those applying for PR status that it is absolutely imperative they follow the instructions, including following through with the verification the applicant signs in making the application, to promptly notify IRCC of any material changes in the application. Marital status especially. The failure to properly declare a spouse BEFORE becoming a PR results in that PR being FOREVER banned from sponsoring that spouse.

That Said; Chance of Relief:


Stuff happens. Is there some "non-zero chance" of relief? Again, but-for the Covid-related mess, so far as we know, NO, with very rare exceptions. Any exception means a "non-zero chance" and perhaps that is more than marginally better than the chance of getting hit by lightning in the next three or six years. Hint: place a bet elsewhere.

Is there a work-a-round? The actual cases seen in IAD decisions illustrate some rather creative approaches to working around the ban, all of which have been rejected so far as I have seen. Divorce and remarry, for example? Rejected. Renounce PR and apply again? Have not seen any attempts of this.

If the spouse qualifies for PR status without being sponsored, I believe there should be no problem in their obtaining PR status individually, not as a sponsored spouse but in whatever class they qualify. For the vast majority that is a long-shot, but probably well above whatever "non-zero chance" there might be for getting relief from the ban itself.

Here, for @Ptushar0209, the context and situation does involve the Covid-related mess. So @armoured's more or less go-for-it approach is not necessarily shooting blanks. But without a lawyer my strong sense is the odds are barely better than non-zero, noting that even with the best lawyer the prospects are more as @scylla described.
 
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