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Spouse sponsporship advice

rsmeet

Star Member
Jan 27, 2011
69
1
Category........
Visa Office......
new delhi
Job Offer........
Pre-Assessed..
App. Filed.......
4 april 2012
Med's Request
24 july 2012
Interview........
hopefully waived
Passport Req..
8 august 2012
VISA ISSUED...
very soon
Hi there I am a Canadian citizen who migrated to Canada in 2011 from India a as a permanent resident and went back to India in Feb 2012 and got married....then I sponsored my spouse her application was refused on the legality of marriage issue and then recently I had a full hearing were the judge was also not convinced about the legality of marriage but was satisfied with bona-fide of relationship. ...so now I am applying for conjugal category ...is been almost 3 years since I file my application. ...now my question is my wife holds Indian passport but she comes from goa in india which was previously Portuguese colony so she was also can claim Portuguese citizenship any time from now as her mother was Portuguese citizen ...so she will be part of European Union so she can come to Canada as tourist without visa as a tourist ...will it affect our sponsorship file or she can be stop at the airport ...we both have no criminal records or any thing else....I want to get her to Canada as a tourist just to visit as its been a long wait and if she applies for visiting visa on Indian passport her application will be refused because of her current application please advic
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
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
Based on what you've written - you don't qualify under conjugal. Conjugal is reserved for individuals who cannot get married and who cannot live together. If your wife can come to Canada on a tourist visa - then you can easily qualify under common law and a conjugal application won't work out. Have you already filed the application? If not - hold off and reconsider.
 

rsmeet

Star Member
Jan 27, 2011
69
1
Category........
Visa Office......
new delhi
Job Offer........
Pre-Assessed..
App. Filed.......
4 april 2012
Med's Request
24 july 2012
Interview........
hopefully waived
Passport Req..
8 august 2012
VISA ISSUED...
very soon
Thanks for your reply my wife permanent residence was refused because cic and iad believes that our marriage is not legally valid in india so they consider our marriage has void when it cones to legality and my wife has not yet collected her Portuguese passport as she is still on Indian passport and we are not able to live together because of immigration barrier ...I have visited India 6 times in last 3 years to visit her and before immigrating to canada I was living with her for 9 months...
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
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
Any reason you can't get married again to make your marriage valid in the eyes of CIC?
 

rsmeet

Star Member
Jan 27, 2011
69
1
Category........
Visa Office......
new delhi
Job Offer........
Pre-Assessed..
App. Filed.......
4 april 2012
Med's Request
24 july 2012
Interview........
hopefully waived
Passport Req..
8 august 2012
VISA ISSUED...
very soon
That's the reason I am planning that my wife takes her Portuguese passport and comes to canada on tourist visa and then we get married again in canada...only thing she has to surrender her Indian passport as india does not allow dual citizenship. .