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May 2024 - Inland Spousal Sponsorship

AlishaK

Full Member
May 7, 2024
25
6
Hey there friends, I have received an email and would like you guys to please help!

You provided a certificate of marriage issued in Ghaziabad India confirming that you and your sponsor were married on December 29, 2022. However, when your sponsor became a permanent resident of Canada after this date, they indicated on their Confirmation of Permanent Residence being single and not having any dependants. As such, your sponsor failed to declare you and have you examined for the purposes of immigration, within their application for permanent residence. As a result, you would therefore be excluded from applying for immigration in the family class. As such, I am not satisfied that you are a member of the Spouse or Common-Law Partner in Canada Class. Accordingly, you may not meet the requirements of the Regulations.

Subsections 72(1)(c) and 72(1)(d) of the Regulations indicate that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they are a member of that class and they meet the selection criteria and other requirements applicable to that class.

The onus is on you to satisfy me that you are a member of the Spouse or Common-Law Partner in Canada Class. I would therefore request that you send any information and/or documents which you consider might respond to this concern within thirty (30) days from the date of this letter. I must also advise you that failure to disabuse me of my concern may result in the refusal of your application.

So basically, My husband did not get his status updated from single to Married after receiving the COPR and he landed in Canada as SINGLE. and received his PR card as well. Now my spousal application is in progress and i have received this email, Please suggest us what we can do? Do we need to get his status updated as MARRIED and renew PR card? Please suggest whatever options can be done and how?
 

AlishaK

Full Member
May 7, 2024
25
6
If you were landed as single and got married after, there is nothing to update IRCC with.
You can just apply to sponsor your spouse. You need to be living in Canada to sponsor.
What about the same situation other way round? My husband landed in Canada as SINGLE (but he was married and did not get it updated in IRCC). We have submitted our spousal application and received a letter that he is ineligible, how do we update it now and proceed the same application?
 

YVR123

VIP Member
Jul 27, 2017
7,434
2,899
What about the same situation other way round? My husband landed in Canada as SINGLE (but he was married and did not get it updated in IRCC). We have submitted our spousal application and received a letter that he is ineligible, how do we update it now and proceed the same application?
That's TOTALLY a different situation. He failed to declare you before he landed as a PR. He can never sponsor you as a spouse.
 

YVR123

VIP Member
Jul 27, 2017
7,434
2,899
Hey there friends, I have received an email and would like you guys to please help!

You provided a certificate of marriage issued in Ghaziabad India confirming that you and your sponsor were married on December 29, 2022. However, when your sponsor became a permanent resident of Canada after this date, they indicated on their Confirmation of Permanent Residence being single and not having any dependants. As such, your sponsor failed to declare you and have you examined for the purposes of immigration, within their application for permanent residence. As a result, you would therefore be excluded from applying for immigration in the family class. As such, I am not satisfied that you are a member of the Spouse or Common-Law Partner in Canada Class. Accordingly, you may not meet the requirements of the Regulations.

Subsections 72(1)(c) and 72(1)(d) of the Regulations indicate that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they are a member of that class and they meet the selection criteria and other requirements applicable to that class.

The onus is on you to satisfy me that you are a member of the Spouse or Common-Law Partner in Canada Class. I would therefore request that you send any information and/or documents which you consider might respond to this concern within thirty (30) days from the date of this letter. I must also advise you that failure to disabuse me of my concern may result in the refusal of your application.

So basically, My husband did not get his status updated from single to Married after receiving the COPR and he landed in Canada as SINGLE. and received his PR card as well. Now my spousal application is in progress and i have received this email, Please suggest us what we can do? Do we need to get his status updated as MARRIED and renew PR card? Please suggest whatever options can be done and how?
It's not as simple as a status update. If he got married before he landed as a PR, he should have notified IRCC and add you as his spouse/family. You would have gone through medical, police and background check and either landed with him or he could land alone with declaring you as non-accompanying and sponsor you later.

His COPR that has "single" marital status could not be used. Since he didn't do that and landed as single with no family member, he will never be able to sponsor you as family.

He cannot "update" anything after he landed. You need to look into immigrating via an economy stream on your own.
 

AlishaK

Full Member
May 7, 2024
25
6
Are you very sure about this?
Is there anything that can be done to correct it? That's such a fucked up situation for us, he just forgot to get it updated.
It's not as simple as a status update. If he got married before he landed as a PR, he should have notified IRCC and add you as his spouse/family. You would have gone through medical, police and background check and either landed with him or he could land alone with declaring you as non-accompanying and sponsor you later.

His COPR that has "single" marital status could not be used. Since he didn't do that and landed as single with no family member, he will never be able to sponsor you as family.

He cannot "update" anything after he landed. You need to look into immigrating via an economy stream on your own.

Are you very sure about this?
Is there anything that can be done to correct it? That's such a fucked up situation for us, he just forgot to get it updated.
 

Ponga

VIP Member
Oct 22, 2013
10,424
1,472
Job Offer........
Pre-Assessed..
Are you very sure about this?
Is there anything that can be done to correct it? That's such a fucked up situation for us, he just forgot to get it updated.



Are you very sure about this?
Is there anything that can be done to correct it? That's such a fucked up situation for us, he just forgot to get it updated.
Unfortunately, you are not the first person to be impacted by this very strict rule.
 

Ponga

VIP Member
Oct 22, 2013
10,424
1,472
Job Offer........
Pre-Assessed..
Are you very sure about this?
Is there anything that can be done to correct it? That's such a fucked up situation for us, he just forgot to get it updated.



Are you very sure about this?
Is there anything that can be done to correct it? That's such a fucked up situation for us, he just forgot to get it updated.
How did he obtain his PR; under which program?

I ask, because of this:
https://www.donvalleylegal.ca/blog/update-irccs-pilot-project-to-sponsor-undeclared-family-members-extended-to-2026/

{more info, here}
https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1487&top=14




To be eligible for the Pilot Program:


a) The Principal Applicant (person applying for Permanent Residence) must be applying to be sponsored as a Spouse, Common-Law Partner, or Dependent Child,


b) The potential Sponsor must have been granted their own permanent residence through one of the following methods:


  1. As a resettled refugee
  2. As a person granted refugee or protected person status from within Canada
  3. As a dependent of a resettled refugee or protected person
  4. As someone who was sponsored as a Spouse, Common-Law partner, Conjugal Partner, or dependent child through the Family Class or SCLPC Class.

and,


c) If the Principal Applicant had been declared as a family member at the time, they would not have made the Sponsor ineligible for Permanent Residence.
---

So, if your husband became a PR under one of the 4 methods...you may have a shot at this.
 
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AlishaK

Full Member
May 7, 2024
25
6
How did he obtain his PR; under which program?

I ask, because of this:
https://www.donvalleylegal.ca/blog/update-irccs-pilot-project-to-sponsor-undeclared-family-members-extended-to-2026/

{more info, here}
https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1487&top=14




To be eligible for the Pilot Program:


a) The Principal Applicant (person applying for Permanent Residence) must be applying to be sponsored as a Spouse, Common-Law Partner, or Dependent Child,


b) The potential Sponsor must have been granted their own permanent residence through one of the following methods:


  1. As a resettled refugee
  2. As a person granted refugee or protected person status from within Canada
  3. As a dependent of a resettled refugee or protected person
  4. As someone who was sponsored as a Spouse, Common-Law partner, Conjugal Partner, or dependent child through the Family Class or SCLPC Class.

and,


c) If the Principal Applicant had been declared as a family member at the time, they would not have made the Sponsor ineligible for Permanent Residence.
---

So, if your husband became a PR under one of the 4 methods...you may have a shot at this.
Sadly, No.
He didn't know he had to update his marital status before landing and this one silly mistake has become one big issue now for us.
 

scylla

VIP Member
Jun 8, 2010
95,916
22,163
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
Sadly, No.
He didn't know he had to update his marital status before landing and this one silly mistake has become one big issue now for us.
Changes in family composition must be reported to IRCC before landing. This is clearly indicated and it's very unfortunate your husband missed this.

To be clear, he wasn't simply required to update his marital status before landing. He was required to add you fully to his application. This would have meant returning his COPR (if he had already received it as a single person), then updating all of the required forms as part of the application to add you as his spouse and submitting these to IRCC (including providing your marriage certificate, evidence of your relationship / marriage, your birth certificate, etc.). You would also have been required to complete and pass the medical and provide PCCs. IRCC would have conducted a security and background check on you (similar to they ones they did for him). This process would have taken an additional several months. Only once all of these steps were complete would IRCC have issued a new COPR to him (indicating he was married). If you were listed as accompanying in his application, you would have received a COPR at the same time as well.

So just to be clear, it isn't just a matter of updating marital status. There was a whole extended process he completely skipped. A new spouse needed to be fully added to his application and examined as part of his application.
 
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AlishaK

Full Member
May 7, 2024
25
6
Changes in family composition must be reported to IRCC before landing. This is clearly indicated and it's very unfortunate your husband missed this.

To be clear, he wasn't simply required to update his marital status before landing. He was required to add you fully to his application. This would have meant returning his COPR (if he had already received it as a single person), then updating all of the required forms as part of the application to add you as his spouse and submitting these to IRCC (including providing your marriage certificate, evidence of your relationship / marriage, your birth certificate, etc.). You would also have been required to complete and pass the medical and provide PCCs. IRCC would have conducted a security and background check on you (similar to they ones they did for him). This process would have taken an additional several months. Only once all of these steps were complete would IRCC have issued a new COPR to him (indicating he was married). If you were listed as accompanying in his application, you would have received a COPR at the same time as well.

So just to be clear, it isn't just a matter of updating marital status. There was a whole extended process he completely skipped. A new spouse needed to be fully added to his application and examined as part of his application.
Got your point! Thanks.
How much is he in risk as I have already applied for spousal and have received a fairness letter asking about no mention of me in his application?

Is there a way at all that he can prove himself guilty that the mistake he did wasn't intentional at all? I am mentioned as his spouse in all the forms submitted as well. Chances?

Also for future, is there any such process that we both drop our status here in Canada, go to our home country, apply again together as married and he able to earn points?

I have my approved work permit with allotted number, just not received at the address, will that be cancelled too or I can work for atleast 2 years? (As work permit is granted on the basis on the spousal application mostly, after getting AOR)
 

scylla

VIP Member
Jun 8, 2010
95,916
22,163
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
Got your point! Thanks.
How much is he in risk as I have already applied for spousal and have received a fairness letter asking about no mention of me in his application?

Is there a way at all that he can prove himself guilty that the mistake he did wasn't intentional at all? I am mentioned as his spouse in all the forms submitted as well. Chances?

Also for future, is there any such process that we both drop our status here in Canada, go to our home country, apply again together as married and he able to earn points?

I have my approved work permit with allotted number, just not received at the address, will that be cancelled too or I can work for atleast 2 years? (As work permit is granted on the basis on the spousal application mostly, after getting AOR)
- Technically IRCC could say he misrepresented his status at landing however we haven't seen IRCC pursue sponsors or look to revoke their PR status in recent memory. His PR status is most likely safe.
- It doesn't matter if the mistake was intentional or not. You were not examined as part of his application and he can never sponsor you. It was mandatory for you to be added to his application and for you to pass the medical and also background and security checks as part of his application. His failure to include you is very final. Once your application is refused, there won't even be any point in appealing the decision. Having said that, I don't understand what you mean by "I am mentioned as his spouse in all of the forms submitted as well". Explain further what you mean by this. It is not at all clear.
- If he renounces his PR status and you return to your home county and then reapply for PR from scratch, that might work. I can't say for sure and you will need to hire an immigration lawyer for this sort of question.
- I can't say what will happen to your work permit. You will have to wait and see.
 
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Shiva91

Hero Member
Apr 26, 2019
426
146
SOWP APPROVED: July 5 2024 (granted 2yrs)
My spouse is in 3 year pgwp ( until 2026)
Do you think she should apply for sowp ? Or her pgwp will do just fine ? I am getting both suggestions and it’s driving me crazy
 

YVR123

VIP Member
Jul 27, 2017
7,434
2,899
My spouse is in 3 year pgwp ( until 2026)
Do you think she should apply for sowp ? Or her pgwp will do just fine ? I am getting both suggestions and it’s driving me crazy
In normal situation, your PR sponsorship application would have been completed by 2026.
In any case if your application is going into a longer than average processing time, you can apply for OWP any time after you received AOR of the sponsorship application.
So wait till it's closer to your PGWP expiry and decide to apply for OWP or not then. (like a few months before PGWP expiry)

So my answer is, not now. :) And most likely, you don't need to.
 
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