NEED HELP URGENTLY

[sanjsin9]

Hi,

This is in request for one of my friend who wants to Immigrate in Canada He had some maritial issues with his wife , His wife had filed Dowry harrassment 498a against him and that had been withdrawn by his wife now , everything is settled ,both are staying together now and he wants to go to canada now , i want the senior members to help him get his question answered

1 > He is married but wants to apply as a single applicant for Canada PR under EE/PNP , will it be a problem if he applies as a single applicant
2 > If he applies for PCC in india , will he have any negative remark/result in the PCC result as he had a false Dowry harrassment 498a filed by his wife
3 > will the PCC result halt his EE application

Thanks in advance

 

[cjs]

Hi Sanjsin9

You ll need to include your wife in your application as non accompanying family member. You can not tell CIC that you are single. Otherwise it ll be taken as misrepresentation and you can be banned from applying for PR. They ll surely get to know about this in background check..

 

[One_Topsy]

Hi,

This is in request for one of my friend who wants to Immigrate in Canada He had some maritial issues with his wife , His wife had filed Dowry harrassment 498a against him and that had been withdrawn by his wife now , everything is settled ,both are staying together now and he wants to go to canada now , i want the senior members to help him get his question answered

1 > He is married but wants to apply as a single applicant for Canada PR under EE/PNP , will it be a problem if he applies as a single applicant
2 > If he applies for PCC in india , will he have any negative remark/result in the PCC result as he had a false Dowry harrassment 498a filed by his wife
3 > will the PCC result halt his EE application

Thanks in advance

1. He should say he is married, but his wife is not accompanying him to Canada. She will still need to take the medical exam
2. For the PCC, i'm not sure how serious the offense is, but to me it doesn't sound too serious to halt his application

 

[sanjsin9]

Thank you Cjs & One_Topsy

Expecting more replies as my friend is not convinced

 

[gorkhethito]

Thank you Cjs & One_Topsy

Expecting more replies as my friend is not convinced

No one here works for CIC..those replies are the best one from anyone like us can give you..still not convinced than tell him to go ahead and apply as he wants and let us know the result as well...

 

[sanjsin9]

thanks buddy gorkhethito

any other suggestions senior members ???

 

[sanjsin9]

1. He should say he is married, but his wife is not accompanying him to Canada. She will still need to take the medical exam
2. For the PCC, i'm not sure how serious the offense is, but to me it doesn't sound too serious to halt his application

Questions :
> why his wife also need to go through the medicals ? as she is not accompanying him to Canada
> will mentioning that he's married in the EE application lower his points in CRS or points grid of 67 ? his wife is not that educated as well that she can support him in IELTS

 

[One_Topsy]

Questions :
> why his wife also need to go through the medicals ? as she is not accompanying him to Canada
> will mentioning that he's married in the EE application lower his points in CRS or points grid of 67 ? his wife is not that educated as well that she can support him in IELTS

1. If his wife has a communicable disease, they might be extra careful with his application. That's my guess. The real reason is because CIC wants it that way.
2. No. If he is married, but declares his wife is not accompanying him. His points will be calculated as a single applicant, but his marriage will be noted and his wife will not be able to join him

 

[shashidhar_sm]

Just a thought I'd like to add here:
Indian Penal Code (IPC) 498A is a criminal law, and it is non-bailable and non-compoundable in the sense it cannot be withdrawn unless the police decided against charge-sheeting. I believe this would be mentioned in the Police Clearance Certificate (PCC) when your friend applies for one.

There was a court directive (sometime in 2014, IIRC) asking police to defer arrests until an investigation finds the accusation to be genuine. If your friend's case was before 2014, there are chances he was arrested and if so, there is a possibility that it will find a mention in the police records.

Disclaimer: These observations are only my views, and I could be wrong. My advice for your friend is to get in touch with a criminal lawyer (or at least an experienced civil lawyer) and get this resolved.

 

[scylla]

You must mention your wife in your application. You cannot say you're single - that would be misrepresentation. Misrepresentation is punished by the application being refused and a five year ban from entering Canada.

As others have said, your wife will have to complete the medical - as well as provide PCCs and pass the security and background checks.

Applying as single is not an option.

 

[Asivad Anac]

Hi,

This is in request for one of my friend who wants to Immigrate in Canada He had some maritial issues with his wife , His wife had filed Dowry harrassment 498a against him and that had been withdrawn by his wife now , everything is settled ,both are staying together now and he wants to go to canada now , i want the senior members to help him get his question answered

1 > He is married but wants to apply as a single applicant for Canada PR under EE/PNP , will it be a problem if he applies as a single applicant

Cannot apply as single applicant. Needs to mention that he is married but can choose to list his wife as 'not accompanying'.

2 > If he applies for PCC in india , will he have any negative remark/result in the PCC result as he had a false Dowry harrassment 498a filed by his wife

3 > will the PCC result halt his EE application

This can be answered only when he actually applies for and receives the PCC. If he wasn't arrested and/or convicted of a crime, it won't be a problem.


Thanks in advance

 

[sanjsin9]

1. If his wife has a communicable disease, they might be extra careful with his application. That's my guess. The real reason is because CIC wants it that way.
2. No. If he is married, but declares his wife is not accompanying him. His points will be calculated as a single applicant, but his marriage will be noted and his wife will not be able to join him

Ty bro

 

[sanjsin9]

Just a thought I'd like to add here:
Indian Penal Code (IPC) 498A is a criminal law, and it is non-bailable and non-compoundable in the sense it cannot be withdrawn unless the police decided against charge-sheeting. I believe this would be mentioned in the Police Clearance Certificate (PCC) when your friend applies for one.

There was a court directive (sometime in 2014, IIRC) asking police to defer arrests until an investigation finds the accusation to be genuine. If your friend's case was before 2014, there are chances he was arrested and if so, there is a possibility that it will find a mention in the police records.

Disclaimer: These observations are only my views, and I could be wrong. My advice for your friend is to get in touch with a criminal lawyer (or at least an experienced civil lawyer) and get this resolved.

Thank you your reply

He was arrested and put in jail for 2 days, his arrest was in march 2014 i guess, then i guess this year 2015 june or july he got the case withdrawn by his wife , both are staying together

i guess i'll suggest him to go to a criminal lawyer to get more info on the PCC thing

 

[sanjsin9]

You must mention your wife in your application. You cannot say you're single - that would be misrepresentation. Misrepresentation is punished by the application being refused and a five year ban from entering Canada.

As others have said, your wife will have to complete the medical - as well as provide PCCs and pass the security and background checks.

Applying as single is not an option.

thank you scylla

another important information he asked me was

> he has 2 kids now a total of 3 dependents , will he have to mention his kids and spouse information as well ? he was thinking to skip their info because he had less proof of funds to show
> what does security and background checks consists of ?

 

[One_Topsy]

thank you scylla

another important information he asked me was

> he has 2 kids now a total of 3 dependents , will he have to mention his kids and spouse information as well ? he was thinking to skip their info because he had less proof of funds to show
> what does security and background checks consists of ?

That is wrong and wilful misrepresentation. He has to declare. There are several ways people have been able to meet the POF requirements and how to meet it is the kind of question you should be asking, not being dishonest