Marriage before landing

[aziziahmad]

Dear Guys,

Hope you are well,

I am a Quebec Skilled Worker applicant and I am waiting that my visa will be issued. I got married one year ago before my Federal file number and I got married with a girl who already has PR card before our marriage. However, I didn't inform that I got married as I didn't want to be sponsored by my wife due to the processing time. I know that this is considered as misrepresentation but I wanted to know that how CIC or other authorities will understand that I got married before my landing while I do not want to be sponsored and I will not officially marry in Canada.

I wanted to be sure that if it will have serious problem for me and even for my wife, I can cancel my visa and inform visa office regarding my marriage. However, I think in my case, it will never lead to a problem as I will not be sponsored.

Thank you in advance for your help.

 

[MidoRafa]

Dear Guys,

Hope you are well,

I am a Quebec Skilled Worker applicant and I am waiting that my visa will be issued. I got married one year ago before my Federal file number and I got married with a girl who already has PR card before our marriage. However, I didn't inform that I got married as I didn't want to be sponsored by my wife due to the processing time. I know that this is considered as misrepresentation but I wanted to know that how CIC or other authorities will understand that I got married before my landing while I do not want to be sponsored and I will not officially marry in Canada.

I wanted to be sure that if it will have serious problem for me and even for my wife, I can cancel my visa and inform visa office regarding my marriage. However, I think in my case, it will never lead to a problem as I will not be sponsored.

Thank you in advance for your help.

Hello,
I think the best way for you to get good advice is to call CIC/IRCC and ask them about the best course of action (you don't have to give them your information, or just ask them hypothetically).

That being said, here are my two cents (and it is all just my opinion, so feel free to disagree with it):
As you correctly point out, you technically committed misrepresentation by never mentioning you got married before getting your visa, and you'll probably have to do it again when you land. It does seem irrelevant and may never become an issue, but there's also the chance that it'd come back to bother/haunt you later in life. I don't think anyone can tell you what the odds are for either scenario.

If it were me, I would play it safe and make sure all my paperwork is in order. I'd send an email to CIC (with app number, UCI, etc.) mentioning that I got married to a Permanent Resident and I am not sure whether/how to mention her. They will probably ask you to file an updated application form with the correct marital status and her biographical info, mark her as non-accompanying (counter-intuitive yes, but that's CIC-speak for people who don't need to receive PR status), attach her passport, PR card and marriage certificate.
Being a PR already, she won't have to pay fees or go through medical or police certificates again.

I don't think there is anything you need to do regarding the CSQ as the document itself does not have a "marital status" field, but rather a "number of persons" and she wouldn't be eligible for a CSQ anyway. It would be as if you had applied as married with non-accompanying spouse, and I don't think there's even a way to amend the CSQ app to "mention" a non-accompanying spouse retroactively. This is where I'd draw the line (for me) and skip saying anything to MIDI.

Again, I don't mean to scare you or tell you what to do. We all have different appetites for risk based on our personal circumstances and plans, and while I agree that not saying anything would probably never come up again, I can think of a couple of hypothetical scenarios which might lead to some retroactive scrutiny into your immigration documents (e.g., applying for a security clearance, or if for any reason one of you loses their PR status and the other one needs to sponsor them back, etc.).

Best of luck.
MR

 

[MidoRafa]

A google search yielded the following thread with cases similar to yours, albeit for Federal applicants, not Quebec.
http://www.canadavisa.com/canada-immigration-discussion-board/should-canadian-spouse-to-be-included-in-application-t276380.0.html

Their experience is basically what I suggested above, with the caveat that since this is not a common scenario you might get an automated request for a fee or a medical exam for your wife, in which case you'd have to give them a call to have someone manually override the system.

 

[aziziahmad]

Hello,
I think the best way for you to get good advice is to call CIC/IRCC and ask them about the best course of action (you don't have to give them your information, or just ask them hypothetically).

That being said, here are my two cents (and it is all just my opinion, so feel free to disagree with it):
As you correctly point out, you technically committed misrepresentation by never mentioning you got married before getting your visa, and you'll probably have to do it again when you land. It does seem irrelevant and may never become an issue, but there's also the chance that it'd come back to bother/haunt you later in life. I don't think anyone can tell you what the odds are for either scenario.

If it were me, I would play it safe and make sure all my paperwork is in order. I'd send an email to CIC (with app number, UCI, etc.) mentioning that I got married to a Permanent Resident and I am not sure whether/how to mention her. They will probably ask you to file an updated application form with the correct marital status and her biographical info, mark her as non-accompanying (counter-intuitive yes, but that's CIC-speak for people who don't need to receive PR status), attach her passport, PR card and marriage certificate.
Being a PR already, she won't have to pay fees or go through medical or police certificates again.

I don't think there is anything you need to do regarding the CSQ as the document itself does not have a "marital status" field, but rather a "number of persons" and she wouldn't be eligible for a CSQ anyway. It would be as if you had applied as married with non-accompanying spouse, and I don't think there's even a way to amend the CSQ app to "mention" a non-accompanying spouse retroactively. This is where I'd draw the line (for me) and skip saying anything to MIDI.

Again, I don't mean to scare you or tell you what to do. We all have different appetites for risk based on our personal circumstances and plans, and while I agree that not saying anything would probably never come up again, I can think of a couple of hypothetical scenarios which might lead to some retroactive scrutiny into your immigration documents (e.g., applying for a security clearance, or if for any reason one of you loses their PR status and the other one needs to sponsor them back, etc.).

Best of luck.
MR

Thanks a lot for your kind answer,

Actually, I have another problem that makes this dilemma even more complicated. I got married after my CSQ issuance and before my Federal file number, but I have submitted my application as single not married. So, I am wondering if I inform CIC now, at this moment, am I still considered as misrepresentation? If so, I am not even able to be sponsored by my wife or start another application through Entry Express route. I agree with you to continue my application safe, but I am not sure whether or not I will be considered as misrepresentation. If not, I prefer to withdraw my Quebec skilled worker application and restart another application as Entry Express, as I have a Master degree and high band score IELTS now and I can quickly get an ITA and then get my visa less than 6 months.

 

[MidoRafa]

Have you already obtained your visa? Or have you submitted your passport?

My personal opinion is that if you notify them of the situation before landing (and preferably even before visa issuance), and maintain that you were confused/unsure about how to proceed (owing to the fact that she was already PR) rather than purposefully trying to withhold information, I would expect them to understand and allow you to modify the application without much fuss.

While you did state incorrect information on your application, it could be argued (prob. by a lawyer if need be) that the information was not material and/or relevant and was not used to obtain a benefit you would otherwise be ineligible for. That's why I don't think they would accuse you of misrepresentation if you try to correct the mistake before landing. The guy would probably think about it for a little bit, then roll his eyes, say "Oh Jeez!", pull your file from the finalized queue and send you a new request for additional docs.** **Disclaimer: dramatization.

But frankly, the best way to make sure is give them a call and ask the question. You don't have to identify yourself and you may have to call a couple of times to "average" the answer you get (it's always the case with any call center agents around the world, especially with unusual situations). And if you do, let us know what they will tell you; I am curious and it would be useful for others.

Funny story about call center agents: I got married after the CSQ and pretty much on the same day that I got my passport request for visa (!). I called CIC to ask what to do and they advised I have to amend my application and get a new CSQ for my wife (who unlike yours, needed to be sponsored). Then I called MIDI to ask them about the procedure and the guy on the phone listened to me then said: "you know what, why don't you just come by yourself quickly to land and later sponsor your wife? Otherwise you'd have to wait for a LONG time". Needless to say, this is terrible advice and would have put us in a very bad position. Of course I opted for the longer, legal route.
Moral of the tale (for me at least): ask more than one agent, follow the least controversial route (for peace of mind later), and don't trust everything you hear or read on the Internet

 

[MidoRafa]

If you want to get super technical, this is the enforcement handbook that deals with misrepresentation (http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf). I couldn't find a decisive answer - turns out it's more complicated and nuanced than I thought - but I'm not a lawyer.

And here is the part of the Act that mentions it:
http://laws-lois.justice.gc.ca/eng/acts/I-2.5/section-40.html

 

[canuck_in_uk]

I am a Quebec Skilled Worker applicant and I am waiting that my visa will be issued. I got married one year ago before my Federal file number and I got married with a girl who already has PR card before our marriage. However, I didn't inform that I got married as I didn't want to be sponsored by my wife due to the processing time. I know that this is considered as misrepresentation but I wanted to know that how CIC or other authorities will understand that I got married before my landing while I do not want to be sponsored and I will not officially marry in Canada.

I wanted to be sure that if it will have serious problem for me and even for my wife, I can cancel my visa and inform visa office regarding my marriage. However, I think in my case, it will never lead to a problem as I will not be sponsored.

You have committed misrepresentation and need to immediately inform CIC of the marriage. Keeping it a secret was stupid, as it would have had zero effect on your app. You are not required to apply for sponsorship just because you are married to a PR; you are allowed to apply through any immigration stream regardless.

If you say nothing, expect that CIC will find out, your app will be refused and you will be banned from Canada for 5 years. Also, even if they only find out later after you've become a PR (or even after you become a Canadian citizen), your status can still be revoked for committing fraud.

Also, provided your marriage was legal wherever it was performed, you are OFFICIALLY MARRIED in Canada already.

 

[aziziahmad]

Have you already obtained your visa? Or have you submitted your passport?

Keeping it a secret was stupid, as it would have had zero effect on your app. You are not required to apply for sponsorship just because you are married to a PR; you are allowed to apply through any immigration stream regardless.

I have already obtained my visa and unfortunately I am going to inform CIC of my marriage and cancel my visa. I am 100 percent agree that it was stupid no to mention my marriage as I did not get any benefit from it. I did it due to lack of knowledge and bad advices from some friends who told me that I had to only continue my application through sponsorship route and I didn't want to to do that because I thought thatthe process would take longer with sponsorship route ! While it will even take longer than sponsorship right now !! Ridiculous, I know !!

The only thing that I am nervous now is that, if I inform CIC of my marriage, they will ban me from Canada for 5 years. I talked to some immigration lawyers and all of them told me that it is possible to solve this problem, but they ask me high level of attorney costs !!

Thanks a lot guys for your helps and comments.

 

[MidoRafa]

I have already obtained my visa and unfortunately I am going to inform CIC of my marriage and cancel my visa. I am 100 percent agree that it was stupid no to mention my marriage as I did not get any benefit from it. I did it due to lack of knowledge and bad advices from some friends who told me that I had to only continue my application through sponsorship route and I didn't want to to do that because I thought thatthe process would take longer with sponsorship route ! While it will even take longer than sponsorship right now !! Ridiculous, I know !!

The only thing that I am nervous now is that, if I inform CIC of my marriage, they will ban me from Canada for 5 years. I talked to some immigration lawyers and all of them told me that it is possible to solve this problem, but they ask me high level of attorney costs !!

Thanks a lot guys for your helps and comments.

Man, ignore what the lawyers said. Of course they will tell you you're in big trouble and demand $$$ to fix it.
If you correct the mistake now, which is the right thing to do, I honestly think there is a good chance CIC won't penalize you or bar you.

Best of luck and do let us know how it will work out

 

[canuck_in_uk]

I have already obtained my visa and unfortunately I am going to inform CIC of my marriage and cancel my visa. I am 100 percent agree that it was stupid no to mention my marriage as I did not get any benefit from it. I did it due to lack of knowledge and bad advices from some friends who told me that I had to only continue my application through sponsorship route and I didn't want to to do that because I thought thatthe process would take longer with sponsorship route ! While it will even take longer than sponsorship right now !! Ridiculous, I know !!

Provided you inform them BEFORE landing and BEFORE they find out themselves, it should be fine. The delay shouldn't be too much.

 

[aziziahmad]

Provided you inform them BEFORE landing and BEFORE they find out themselves, it should be fine. The delay shouldn't be too much.

Man, ignore what the lawyers said. Of course they will tell you you're in big trouble and demand $$$ to fix it.
If you correct the mistake now, which is the right thing to do, I honestly think there is a good chance CIC won't penalize you or bar you.

Best of luck and do let us know how it will work out

Hi guys !!

Thank you very much for your helps and comments,

Actually, I informed CIC of my marriage and said that my wife is already a Canadian PR and attached her PR card and after a week they told me that my CSQ is still valid and that my new situation does not modify my application process and I can send my passport in order to stamp my visa on it.

It was amazing !! Much better than I thought !!

Best regards,
Ahmad Azizi

 

[MidoRafa]

Hi guys !!

Thank you very much for your helps and comments,

Actually, I informed CIC of my marriage and said that my wife is already a Canadian PR and attached her PR card and after a week they told me that my CSQ is still valid and that my new situation does not modify my application process and I can send my passport in order to stamp my visa on it.

It was amazing !! Much better than I thought !!

Best regards,
Ahmad Azizi

Great news! I was expecting it wouldn't be a problem, but telling them was the right thing to do. Now you never have to worry or think about it again.

Thanks for the update and best of luck in Canada!