amna_r said:
Hey everyone
I have a question regarding my husband's sponsorship. We got married a few months back, we decided to first apply for a study permit for my husband, and once he was in Canada, then apply for sponsorship inland. At the time, our marriage had not be registered ( we applied a few weeks after the ceremony) so in the study permit forms, we included him as single. we would have let the immigration know of the change in status as soon as the marriage certificate had been attained. However, his study visa was rejected.
Now, I'm thinking of applying for his sponsorship outland. Our marriage has been registered and everything else is in order too. One thing that is buggin me is the mix up in the time it took for us to register our marriage. WIll the immigration people think we were misrepresenting facts with them if our marriage took place before we applied for his study visa and listed him as single, eventhough he was not? Do they keep record of such things, and if yes, shall we add an explanation?
I think it's plausible that a person could make a mistake between celebrated/registered, although the majority of people wouldn't. If you were asked about your answer and said that you'd made this mistake, I don't think there would be proof of misrepresentation. You'd have to be prepared to answer why you didn't make the same mistake on the permanent residence application. (You learned later that it's the date of celebration that counts.)
From manual ENF 2 Section 9.10:
"The following situations would not generally constitute misrepresentation:
Mistakes or misunderstandings:
[...]
Other cases where a person answers truthfully at an interview without hesitation and
it is reasonable to believe that the person did not understand the question on the
application form or forgot the relevant information at that time."
More important perhaps is the following, from section 9.7 of the same manual:
"An application for a visa abroad, or for entry into Canada at a port of entry may be denied
based on a misrepresentation made in connection with the current application or
examination only, unless the person was previously the subject of a refusal for
misrepresentation and the resulting two-year inadmissibility period has not elapsed."
So, based on my reading of this, unless the visa was refused specifically for misrepresentation, this should not be a bar to sponsorship. However, it may attract attention and make other statements you make seem suspect. So documentary evidence of a genuine relationship might be more important for you than for other people.