Spousal sponsorship

[Popo012]

Computergeek

I would like to ask you this question.Do you know how long it takes for my e-case to update to let me know that they received the medical exam?Is it usually take along time to update?

Thanks

 

[IvanP]

Wouldn't it be far better for her to get the divorce, rather than pin her hopes on a legal technicality which could have long, drawn-out consequences?

Also, I did consider the status of her marriage and whether or not it would, in fact, even be seen as valid under Canadian law. But the reason I didn't dismiss it so quickly is because we don't know the facts. All we know for sure is that she was - and is - married. Everything else is hearsay from our vantage point. We have no way of knowing if her husband really did have another wife, and she left him because of that, or whether she left him because she didn't like his table manners, or because she couldn't stand his body odour.

So if she puts down "single" on her application, and CIC discovers through routine investigative procedure that she's in fact married, then good luck with that application.

You can always say on the application that she is single, but to avoid making a misrepresentation, also provide an explanatory note with information on the circumstances of the first marriage, and why you believe that it was unlawful at the time, and therefore not valid. This sort of forthright disclosure should protect you from getting barred for making misrepresentations, while at the same time letting you explain your reasoning for the conclusion. That said, I'd consult a family law attorney (to assess the validity of your marriage theory) AND an immigration attorney (to advise on how to handle the marriage issue in your application) before submitting anything.

 

[john6514520]

Can someone please help me.

I am a permenant resident and work in Canada. My wife recently came to Canada on a student visa. She got the student visa before getting married. We then got married and she then came to Canada. However, at the port of entry, when asked about her marital status, she mentioned she was still single, as she thought telling them she was married would create suspicion since at the time her application for a student visa was submitted, she was single. I have no idea why she did that, as student are not banned from getting married! Anyways, we can't change the past. I am now looking to sponsor her through the inland application process. I am concerned that if we show our marriage in our home country on a date before she entered canada, we might run into issues for misrepresentation at the port of entry. To overcome that, I am thinking of registering marriage in Canada and getting the marriage certificate here and using that for the inland application process. We have been in a relationship for over a year. We have lots of evidence to show our relationship is genuine, lots of pictures, emails, chats, etc. Do you think this is the right way of doing it? or do i have any other options? Any help would be highly appreciated!

 

[sharif62]

hi every body, I have received an email to pay the landing fee for my application. it was written that my application is on background check. do u know how ling will it take to complete the application after paying the landing fee? also how long will it take to finish the background check? thanks
my category is fam and I have applied from ankara


will anybody answer to my question?

 

[computergeek]

Wouldn't it be far better for her to get the divorce, rather than pin her hopes on a legal technicality which could have long, drawn-out consequences?

Under traditional Sharia law she has no right of divorce, only men have the right to divorce, making it difficult for her to obtain a divorce. Further, she won't be able to obtain a divorce in Canada, because she didn't have a legal marriage in Canada.

From OP 2:

5.30. Recognition of a marriage

A marriage that is legally recognized according to the law of the place where it occurred is usually
recognized in Canada. A16(1) puts the onus on applicants to prove their marriage is legal where it
took place. A marriage, which took place abroad, must be valid both under the laws of the
jurisdiction where it took place and under Canadian federal law.

Marriages performed in embassies or consulates must meet the requirements of the host country
in which the mission is located. A diplomatic mission or a consular post is considered to be within
the territory and jurisdiction of the host (receiving) state. Therefore, a marriage performed in an
embassy or consulate must be legally recognized by the host state in order to be valid for
Canadian immigration purposes. An applicant who married in an embassy or consulate must
satisfy an officer that all of the requirements of the host country with respect to marriage have
been met, including whether the host country recognizes marriages performed in diplomatic
missions or consular posts within its jurisdiction. Exceptions to this requirement are rare. Where
there is some question, the matter should be referred to NHQ Selection Branch.

If a proxy marriage occurs at a foreign mission in Canada (the proxy is given by the foreign
national and the Canadian resident is present at the mission for the ceremony), the marriage must
meet the legal requirements of Canada (federal and provincial) in order to be legally valid. At this
time, no provinces permit proxy marriages; therefore, these marriages are invalid.

Previously married applicants must be legally divorced before they may remarry. In addition to
proving that their subsequent marriage is legal, they must first prove that their divorce was legal.

Polygamous marriages are legal in many countries, but they are not legal in Canada. Therefore,
they are excluded from the definition of marriage as per R117(9)(c)(i). If the legality of a marriage
or divorce is in doubt, consult the visa office responsible for the country where it took place.
Provide that office with all available documents and information.
If another visa office cannot resolve any doubts, refer the matter to NHQ Selection Branch.

(emphasis added)

So my point is that under Canadian law, she isn't married. However, that still doesn't impact her right to a common-law relationship, which is really the only point being discussed by the OP.

Also, I did consider the status of her marriage and whether or not it would, in fact, even be seen as valid under Canadian law. But the reason I didn't dismiss it so quickly is because we don't know the facts. All we know for sure is that she was - and is - married. Everything else is hearsay from our vantage point. We have no way of knowing if her husband really did have another wife, and she left him because of that, or whether she left him because she didn't like his table manners, or because she couldn't stand his body odour.

What the OP said was she left him because she found out he was already married. So I was basing my evaluation on the facts in evidence. If the OP was incorrect, then the analysis I provide is incorrect. However, it still doesn't prevent him from sponsoring her as a common-law partner.

Also from OP 2:

5.38. What happens if the common-law partner (principal applicant) is married to another
person?

Persons who are married to third parties may be considered common-law partners provided their
marriage has broken down and they have lived separate and apart from the spouse for long
enough to establish a common-law relationship – at least one year. In this case they must have
cohabited in a conjugal relationship with the common-law partner for at least one year.

Cohabitation with a common-law partner cannot be considered to have started until a physical
separation from the spouse has occurred. A common-law relationship cannot be legally
established if one or both parties continue their marital relationships.

Officers must be satisfied that a principal applicant is separated from and no longer cohabits with
a legal spouse. This evidence may be in the form of a signed formal declaration that the marriage
has ended and that the person has entered into a common-law relationship. An officer may
require that the person produce other written evidence of a formal separation or of a breakdown of
the marriage. Acceptable documents include a separation agreement, a court order in respect of
custody of children identifying the fact of the marriage breakdown, documents removing the
legally married spouse(s) from insurance policies or will as beneficiaries (a “change of beneficiary”
form).

In the above circumstances, the legal spouse of the principal applicant need not be examined and
will not be considered a member of the family class if the applicant later attempts to sponsor this
spouse. [See R117(9)(d)]. Notes in CAIPS should indicate that the applicant was aware of the
consequences of non-examination.

So if she puts down "single" on her application, and CIC discovers through routine investigative procedure that she's in fact married, then good luck with that application.

Oh, I think she should disclose it, absolutely, and explain the basis of her claim, regardless of what she says on the application. She can put down "married" and then explain that she was a second wife, or she could put down "single" and then explain that she was a second wife. Either answer is fine, as long as she discloses the real facts behind her answer. Then there's no misrepresentation (it's difficult to determine if a CIC officer would reach a determination of misrepresentation in either case, since neither influences the outcome of the case and either is a reasonable conclusion based upon the information we have before us.)

 

[computergeek]

I would like to ask you this question.Do you know how long it takes for my e-case to update to let me know that they received the medical exam?Is it usually take along time to update?

If there are no problems, it usually takes 2-4 months. If there are problems requiring further follow-up it can take > 1 year (for my first application, the time from my medical to the time "medical results have been received" showed up was 16 months.)

 

[computergeek]

Can someone please help me.

I am a permenant resident and work in Canada. My wife recently came to Canada on a student visa. She got the student visa before getting married. We then got married and she then came to Canada. However, at the port of entry, when asked about her marital status, she mentioned she was still single, as she thought telling them she was married would create suspicion since at the time her application for a student visa was submitted, she was single. I have no idea why she did that, as student are not banned from getting married! Anyways, we can't change the past. I am now looking to sponsor her through the inland application process. I am concerned that if we show our marriage in our home country on a date before she entered canada, we might run into issues for misrepresentation at the port of entry. To overcome that, I am thinking of registering marriage in Canada and getting the marriage certificate here and using that for the inland application process. We have been in a relationship for over a year. We have lots of evidence to show our relationship is genuine, lots of pictures, emails, chats, etc. Do you think this is the right way of doing it? or do i have any other options? Any help would be highly appreciated!

You need to proceed carefully here. I would suggest that you consult with an experienced qualified immigration attorney and do not rely upon the advice of random strangers in an internet forum. The reason you give for her misrepresenting her status actually is a trouble spot since she did it to obtain status she might not have otherwise received. The damage is done now and you need to mitigate it - and someone with experience here would be the best option - even if you just pay for an hour of time with such a person.

With that said, I would suggest you be completely honest on the application. You should disclose the issue up front - that she incorrectly listed single on her original application because she wasn't used to her change in status, for example. Just be prepared for added scrutiny of the application.

 

[brybry919]

Hi Guys,
Does anyone know what Visa would I apply if I have a Canadian Citizen partner?We have a child but we are not married yet,what would be the possible visa that I could apply?

 

[Alex_29]

Hello everyone,


Quick questions....having dual citizenship, would that make any complications with the spousal sponsorship process??

If non-Canadian passport been used to get married abroad, will there be any issues??

Thoughts anyone??

Thank you in advance.

 

[chipits]

Hello everyone,


Quick questions....having dual citizenship, would that make any complications with the spousal sponsorship process??

If non-Canadian passport been used to get married abroad, will there be any issues??

Thoughts anyone??

Thank you in advance.

No, you'll be fine, you just need to give both passport numbers.

 

[Alex_29]

No, you'll be fine, you just need to give both passport numbers.

Thank you for your reply....but I am a bit confused.

Where and when do you give them your second passport?? I believe as a sponsor, they only ask for a copy of Canadian passport to be sent with the applications.

Wouldn't they ask if they need it??

 

[Laurier]

it's me Laurier ... you guys are terrific , thank you so much for the time and effort you have put into answering my concerns.
Sharia Law ... never heard of that before but nice to know now
I think what I'm going to do is consult a lawyer ... I want to do the right thing

Just another quick question if I may ... my new partner is presently being sponsored by a professional couple on a visitor's visa. She lives with them and kinda has to work / be on call 7 days a week taking care of their 5 yr old child. She's paid a minimal sum but has no contract or time off and feels trapped. She's in her 50's and wants to have a life. That's where I come in. My question is , can I change or have changed her sponsorship from the professional couple to me? As I mentioned in my previous post, I'll have no problem supporting her financially. Her visitor's visa is for 6 months but somehow she gets that renewed by leaving the country for a while and returning. I'm not sure how that works but it seems to because she has been with that professional couple in Montreal here for 4 years on a visitor's visa. My long range goal for her is to become a permanentt resident of Canada (Canadian citizen) , take ownership of her own life , get qualified in child care , drive a car and be happy with me. She wants marriage so wth .. i don't believe in it but i'll give it to her .. after my divorce is finalized ofc.

thank you everyone,

Laurier

 

[Leon]

Just another quick question if I may ... my new partner is presently being sponsored by a professional couple on a visitor's visa. She lives with them and kinda has to work / be on call 7 days a week taking care of their 5 yr old child. She's paid a minimal sum but has no contract or time off and feels trapped. She's in her 50's and wants to have a life. That's where I come in. My question is , can I change or have changed her sponsorship from the professional couple to me? As I mentioned in my previous post, I'll have no problem supporting her financially. Her visitor's visa is for 6 months but somehow she gets that renewed by leaving the country for a while and returning. I'm not sure how that works but it seems to because she has been with that professional couple in Montreal here for 4 years on a visitor's visa. My long range goal for her is to become a permanentt resident of Canada (Canadian citizen) , take ownership of her own life , get qualified in child care , drive a car and be happy with me. She wants marriage so wth .. i don't believe in it but i'll give it to her .. after my divorce is finalized ofc.

What she is doing is illegal. It is illegal to work without a work permit. She is lucky she hasn't been caught.

As for the couple sponsoring her, a sponsor is normally not needed for a visit visa but may help in order to convince immigration that a person will not overstay or run out of funds. This does not mean that she must stay with them or that she owes them anything. In fact, they have really not done her any favours. If they had employed her as a live-in caregiver in the proper manner with a work permit, she could have applied for her PR already after 2 years of work and would probably have it by now. Instead, they are keeping her illegal and making sure she is stuck working for them.

I suppose she has a multiple entry visa. How long is it valid? She can leave this couple and move in with you if she wants to. If she moves in with you, if you live together for 12 months you would qualify to sponsor her as a common law partner. This time she can apply for a visit visa extension in the proper way by filling out an application with your support so that she doesn't have to leave after 6 months.

If you want to marry her, you have to wait for your divorce to be finalized and you may want to ask a lawyer about the legal status of her marriage. If the man was already married, the marriage will not be seen as valid in Canada but she may need some documents to prove that he was already married at the time he married her or to otherwise free her from that marriage. Obviously she can not get divorced from the man if her marriage was not legal in the first place.

She should under no circumstances lie about her past on her PR application. Having worked illegally can not be held against her when applying for PR. Neither can having been married. Even if her marriage were deemed to be valid, she has not been living with the man for years and if she has been living with you in a common law partnership for 12 months or more, that would be her valid status.

 

[chipits]

Thank you for your reply....but I am a bit confused.

Where and when do you give them your second passport?? I believe as a sponsor, they only ask for a copy of Canadian passport to be sent with the applications.

Wouldn't they ask if they need it??

You don't give them your second passport, you just need to give them both numbers in the application. They only need one passport to give you PR, generally the one from your "main" country.

 

[IvanP]

Even if her marriage were deemed to be valid, she has not been living with the man for years and if she has been living with you in a common law partnership for 12 months or more, that would be her valid status.

Formerly married, but not actually; currently married, but not really. Life is complicated.