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Sponsoring My Excluded Spouse

Meron

Newbie
Mar 23, 2015
3
0
Hello

Hi everyone i recently came to Canada with economy class. and i was married before i came to Canada and i notified the embassy about my martial status change but they didn't reply so i just traveled to Canada. on the port entry i was asked but i said never married. But after 2 month when i tried to process my wife application the embassy told me that they cant process my wife's application because i am landed and became PR and they suggested that i need to submit my application to CPC in Mississauga but N.B she might be Excluded. now my wife is pregnant what can i do to bring her any help please.
 

scylla

VIP Member
Jun 8, 2010
97,295
23,119
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
Unfortunately your wife is permanently exlcuded from being sponsored by you for PR since you failed to add her to your application before landing in Canada and becoming a PR.

Her best hope would be to apply to immigrate on her own (e.g. as a independent skilled worker). Is there any chance she qualifies to immigrate through one of the following programs?

http://www.cic.gc.ca/english/immigrate/apply.asp
 

Awesomeg

Hero Member
Mar 2, 2014
715
25
Alberta
Category........
Visa Office......
Manila
Job Offer........
Pre-Assessed..
App. Filed.......
Feb. 13/2014
Doc's Request.
24-07-2014
AOR Received.
19-03-2014
Med's Done....
27-01-2014....Remeds 13-03-15
Interview........
"Waived" In Process August 19-2014
Passport Req..
July 24-2014.
VISA ISSUED...
DM after almost 15 months of waiting, April 20/15
LANDED..........
15-05-2015 Finally... together...
Meron said:
Hello

Hi everyone i recently came to Canada with economy class. and i was married before i came to Canada and i notified the embassy about my martial status change but they didn't reply so i just traveled to Canada. on the port entry i was asked but i said never married. But after 2 month when i tried to process my wife application the embassy told me that they cant process my wife's application because i am landed and became PR and they suggested that i need to submit my application to CPC in Mississauga but N.B she might be Excluded. now my wife is pregnant what can i do to bring her any help please.
Unfortunately as today, you can not sponsor her.
You will need to find another mean to have her in Canada.
You failed to include her in you application and that fact alone
will prevent her from getting sponsored by you.
So many cases like yours in this forum.
So hearth breaking.
Never married... big mistake.
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Basically you have 2 options.
1. As was mentioned, have your wife immigrate independently for PR (if she qualifies under some other stream)
2. Voluntarily renounce your own PR status. Then apply for PR again completely from scratch, this time including your wife (and future child) in your application. Of course with this option you would probably need to return back to your home country for a few years while going through PR process again (if you still qualify).

Keep in mind also that if you decide to try and sponsor her anyways for PR under family class, you will need to go through appeals process which can take years and cost you thousands of dollars in lawyer fees... after which there is a slim to none chance they will allow her appeal not to mention you put your own PR at risk since you committed misrepresentation when you landed as single but were in fact married.
 

Meron

Newbie
Mar 23, 2015
3
0
Thank you every body but what if i get back and re-Merry agian And sponsor her since the office knows i am single.
 

scylla

VIP Member
Jun 8, 2010
97,295
23,119
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
Meron said:
Thank you every body but what if i get back and re-Merry agian And sponsor her since the office knows i am single.
No - this won't work. CIC closed this loop-hole many years ago. If you try this and sponsor your wife again, she will be refused again.
 

Meron

Newbie
Mar 23, 2015
3
0
First i didn't sponsored here if you read my post i just ask the embassy to add her in my file. But they said its too late and i need to sponsor her from scratch sending my paper to CPC. So what i am saying is that since my file is as a single what if i can go back and merry her as a new and sponsor her.
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Meron said:
First i didn't sponsored here if you read my post i just ask the embassy to add her in my file. But they said its too late and i need to sponsor her from scratch sending my paper to CPC. So what i am saying is that since my file is as a single what if i can go back and merry her as a new and sponsor her.
No I don't think you understand, since you were married when you landed as single, you committed misrepresentation so your spouse is excluded forever to be sponsored by you under family class. It doesn't matter if you apply as married, get divorced and re-marry again, common-law or conjugal, she is permanently banned.

You will need to do one of the steps I mentioned above, to get her PR in a stream outside family class.
 

vermanaman

Hero Member
Nov 12, 2013
452
16
Category........
Visa Office......
CPP-Ottawa
NOC Code......
2131
Job Offer........
Pre-Assessed..
Not to sound rude here but I dont understand why people dont research the risks before taking these steps. When the officer in the border asked you - was there a reason you said never married?

Also unless your wife is a skilled worker - the chances of her getting PR with the current rules are slim ( unless ofcourse if you can find her LMIA job - she might qualify through express entry)

One more thing - you said you had notified the embassy about change in marital status...what else did you do to add her to her file? Did you get married after getting your COPR?
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Meron said:
First i didn't sponsored here if you read my post i just ask the embassy to add her in my file. But they said its too late and i need to sponsor her from scratch sending my paper to CPC. So what i am saying is that since my file is as a single what if i can go back and merry her as a new and sponsor her.
What exactly did the Visa Office say, in writing? They probably expected you to return your COPR and reapply from the beginning, as married. You are now subject to IRPR 117(9)(d) as you lied when you had your landing interview. The only alternative that you seem to be able to offer is to carry on lying. This will not work for you. You could try an H&C application under Section 25(1) but you are probably wasting your time...