May 2024 - Inland Spousal Sponsorship

[Shiva91]

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.

Thank you

 

[AlishaK]

- 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.

I meant that whatever forms we filled out for my spousal sponsorship like the family info form and others, I have mentioned him as my spouse everywhere (As that's the truth). That should be a point we can use to justify that it was an 'Innocent Mistake'. No?

 

[scylla]

I meant that whatever forms we filled out for my spousal sponsorship like the family info form and others, I have mentioned him as my spouse everywhere (As that's the truth). That should be a point we can use to justify that it was an 'Innocent Mistake'. No?

No. As said before, it's irrelevant if this was an innocent mistake. This is a fatal error with permanent consequences.

Again, you were not examined as part of HIS application. This means you can never be sponsored by him. You were required to go through medical and background / security checks as part of HIS application not only to be included as a spouse for future sponsorship but also for HIS PR application to be approved. Technically he committed misrepresentation (lying in his application) by failing to declare you and add you to his application before landing.

You can keep asking the same question but the answer is not going to change. This was an extremely extremely serious error for your husband to make and, as said above, one with permanent consequences.

Feel free to get advice from a lawyer. However IMO this is a complete waste of money and you should be directing your efforts and focus on figuring out how to qualify for PR on your own through an economic immigration program.

 

[Ponga]

I meant that whatever forms we filled out for my spousal sponsorship like the family info form and others, I have mentioned him as my spouse everywhere (As that's the truth). That should be a point we can use to justify that it was an 'Innocent Mistake'. No?

It doesn't matter that you mentioned him as your spouse...unfortunately.

 

[AlishaK]

So I have understood what you mentioned

No. As said before, it's irrelevant if this was an innocent mistake. This is a fatal error with permanent consequences.

Again, you were not examined as part of HIS application. This means you can never be sponsored by him. You were required to go through medical and background / security checks as part of HIS application not only to be included as a spouse for future sponsorship but also for HIS PR application to be approved. Technically he committed misrepresentation (lying in his application) by failing to declare you and add you to his application before landing.

You can keep asking the same question but the answer is not going to change. This was an extremely extremely serious error for your husband to make and, as said above, one with permanent consequences.

Feel free to get advice from a lawyer. However IMO this is a complete waste of money and you should be directing your efforts and focus on figuring out how to qualify for PR on your own through an economic immigration program.

I have understood my situation, thanks to you. But one last concern is :
If there is a risk of my husband's PR getting revoked in future (he gets banned or asked to leave), Should I not reply to the fairness letter and let it get rejected so that they do not inquire about my husband? I know that's not right thing to do but if?
Well coz If he is not gonna be here and asked to leave, what's my purpose of being here to even give it a try? Please help me understand this situation as well.

 

[scylla]

So I have understood what you mentioned



I have understood my situation, thanks to you. But one last concern is :
If there is a risk of my husband's PR getting revoked in future (he gets banned or asked to leave), Should I not reply to the fairness letter and let it get rejected so that they do not inquire about my husband? I know that's not right thing to do but if?
Well coz If he is not gonna be here and asked to leave, what's my purpose of being here to even give it a try? Please help me understand this situation as well.

You should absolutely respond to the PFL. If you don't respond, there is a risk they make a misrep finding against you and ban you from Canada for five years. I would personally respond, confirm the details of the marriage, confirm your husband failed to declare you and why, and request to withdraw the sponsorship application based on this.

There is always some risk that IRCC could move to revoke your husband's PR. But again, we have seen that happen in recent memory so likely an extremely low risk this will happen.

 

[AlishaK]

You should absolutely respond to the PFL. If you don't respond, there is a risk they make a misrep finding against you and ban you from Canada for five years. I would personally respond, confirm the details of the marriage, confirm your husband failed to declare you and why, and request to withdraw the sponsorship application based on this.

There is always some risk that IRCC could move to revoke your husband's PR. But again, we have seen that happen in recent memory so likely an extremely low risk this will happen.

Thank you very much for your help and for being so responsive. We have accepted our situation and will take the time to plan our future.

Here's to wherever our fate leads us. This too shall pass.

God bless you

 

[Himanshu81]

Thank you very much for your help and for being so responsive. We have accepted our situation and will take the time to plan our future.

Here's to wherever our fate leads us. This too shall pass.

God bless you

Hi, i just have an advice for you. Please confirm this with an immigration lawyer before planning on it. I think you should apply for visitor visa (with family to increase chances). Then get married here in Canada. Once you get your marriage certificate in canada you can apply for spousal sponsorship.
It’s just what I thought, please consult with an immigration lawyer. Best of luck

 

[AlishaK]

Hi, i just have an advice for you. Please confirm this with an immigration lawyer before planning on it. I think you should apply for visitor visa (with family to increase chances). Then get married here in Canada. Once you get your marriage certificate in canada you can apply for spousal sponsorship.
It’s just what I thought, please consult with an immigration lawyer. Best of luck

We thought about it too, but we already provided them the Indian marriage certificate, marrying again I don't know but we gonna ask that too then, Thanks

 

[Shiva91]

Any new update on May applicants?

 

[aashikha]

Any new update on May applicants?

None for me

 

[duke_hp]

Any new update on May applicants?

Nope No Updates for me too after AOR received on 27th June 2024.
I am also not able to register in application status tracker. Tried everything.
Linked my file to GC key but not application status tracker

 

[Newexpressuser]

Nope No Updates for me too after AOR received on 27th June 2024.
I am also not able to register in application status tracker. Tried everything.
Linked my file to GC key but not application status tracker

same for me, no update after AOR. Also cannot link to application status tracker, have been able to link to GCkey

 

[Ponga]

Hi, i just have an advice for you. Please confirm this with an immigration lawyer before planning on it. I think you should apply for visitor visa (with family to increase chances). Then get married here in Canada. Once you get your marriage certificate in canada you can apply for spousal sponsorship.
It’s just what I thought, please consult with an immigration lawyer. Best of luck

NO! That doesn't change the fact that the person was not declared in their partner's PR. Getting married does NOTHING to remedy the problem.

 

[frankomega]

i applied may 19 my application was returned yesterday 10th of june because of incomplete form, i corrected the mistake and resubmitted I guess am in for another long wait

reapplied 10th of June inland application
AOR july 6th
Biometric request July 10th
Biometric done 15th July