pretending we're not married to get in

[stressedoutmango]

Hi there,

this is complicated...

I'm a canadian citizen. I have recently been married in india to my gf (indian national working in dubai). She has a child from a previous relationship. She cannot relocate the child without consent from the father even though the father is living in france. Consent has been denied. I cannot apply for PR for them until the child is free to relocate. She is on a work visa in dubai and is about to lose her job, which will give her 30 days to find a job or leave the country. Our goal is to get her and her child to canada to live with me. She has applied for a visit visa and has said she is single and she has now gotten a visit visa. we were scared that she would not get a visa if she said she was married to me. We are now scared that at the POE, that she will have to keep the pretense that she is single and just coming on a visit visa. We plan to apply for PR once they are in and once we get the consent from courts to relocate the child.

my questions are:

1. Is pretending that she is single and has the intention of leaving canada the way to go?
2. Can this be a problem when we apply for PR?
3. Does she have to buy a return ticket to show that she is leaving?
4. Will the immigration officer look at her cancelled dubai visa?
- What if she has a return ticket to india instead?
5. If the immigration officer decides to refuse entry, do they get sent back on the next available flight? can that be appealed?

if anyone has been in a similar situation and can advise or anyone who knows more than me... please do help

thanks

 

[PMM]

Hi

Hi there,

this is complicated...

I'm a canadian citizen. I have recently been married in india to my gf (indian national working in dubai). She has a child from a previous relationship. She cannot relocate the child without consent from the father even though the father is living in france. Consent has been denied. I cannot apply for PR for them until the child is free to relocate. She is on a work visa in dubai and is about to lose her job, which will give her 30 days to find a job or leave the country. Our goal is to get her and her child to canada to live with me. She has applied for a visit visa and has said she is single and she has now gotten a visit visa. we were scared that she would not get a visa if she said she was married to me. We are now scared that at the POE, that she will have to keep the pretense that she is single and just coming on a visit visa. We plan to apply for PR once they are in and once we get the consent from courts to relocate the child.

my questions are:

1. Is pretending that she is single and has the intention of leaving canada the way to go?
2. Can this be a problem when we apply for PR?
3. Does she have to buy a return ticket to show that she is leaving?
4. Will the immigration officer look at her cancelled dubai visa?
- What if she has a return ticket to india instead?
5. If the immigration officer decides to refuse entry, do they get sent back on the next available flight? can that be appealed?

if anyone has been in a similar situation and can advise or anyone who knows more than me... please do help

thanks

1. Your wife just misrepresented herself which usually result in a 2 year ban from Canada.
2. She doesn't permission to remove the child, now she adds kidnapping.
3. If she is lucky, she may not go to jail for the kidnapping.
4. You are in trouble, a PR application is going to the be least of your troubles.

PMM

 

[stressedoutmango]

I know about the ban and about child kidnapping...

But she is being forced to breach the court order and leave the country, what court would send her to jail for something she had no control over???

she doesnt really have anywhere to go. As a single mother, its even harder to get back on her feet.

how would canada immigration know about the marriage?

 

[stressedoutmango]

Oh and we also intend to advise the father. And allow him to visit the child in canada after instead of visiting in dubai...

 

[frolic]

If the father requires a visa to enter Canada he may have a valid concern about his child moving here. Since a child in the country does not guarantee he will get a visa to visit he could end up never seeing his child again.

You may have to take the child to a country he will allow. I am sure the father doesn't want his child in jail or a foster home in Dubai because of Dubai's laws so he should give release to another country.

 

[stressedoutmango]

The father definetely does not need a visa to come to canada. In fact, he had no intentions of moving to dubai to be closer to the child as he does not like dubai. However, Canada, would be a place that he would prefer to move to over dubai. He's just trying to control my wife out of spite and revenge. We've made it clear to him, that she will stay at home with the child once they come to canada, and i will take care of all the bills. Right now the child has to be kept at a babysitter while she works fulltime... its quite obvious he's not looking out for the childs best interests

 

[Leon]

You need to tread very carefully here. The UAE isn't a party to international child custody agreements as far as I know which means that he would probably not be able to have Dubai authorities request the RCMP to send the child back, of course you never know though. They might do it anyway. It might also be a possibility for him if he's living in France to do it through the courts there, that he can show she removed the child from another country in violation of a court order that they would request the RCMP to send the child back to him in France. You need to talk to a lawyer before you do anything and get that covered.

Even if you did get that covered, I do not think Canada will let her immigrate with the child without the fathers permission. Lying to immigration can always come back to haunt you.

 

[stressedoutmango]

They can't send the child back to dubai, cuz the mother can't live there without a work visa. She wont be allowed into the country. She has to breach the court orders because of her losing her job, that is not an option, its a reality. I talked to a family lawyer and they said the courts cant do anything about that circumstance.

 

[Leon]

They can't send the child back to dubai, cuz the mother can't live there without a work visa. She wont be allowed into the country. She has to breach the court orders because of her losing her job, that is not an option, its a reality. I talked to a family lawyer and they said the courts cant do anything about that circumstance.

They would not need to send the mother back to Dubai, only the child but yeah, they probably would not do it if there is nobody there to take care of it (father has no family there?). If the father really wanted to be an ass, he would go back to Dubai himself and demand the child be returned to him there.