spouse visa refusal information

[chau0103]

Hi Everyone,
I am in Canada as student. I get my post graduation work permit. Before 1 year ago i applied for spouse visa for my wife but she got rejection.
I asked my lawyer to give me file which he applied for it on behalf of me but he refused to give it to me.
I wondering to know that if anybody know how to get reason about rejection through access of information i mean where and which form
i need to submit etc. i will really appreciate for your help.
Please and thank you.

 

[scylla]

Yes - you can.

Follow this link: http://www.cic.gc.ca/english/department/atip/requests-atip.asp

Most likely your spouse was refused due to lack of ties to her home country and CIC's concerns that she has plans to remain in Canada long term.

Note that if you want to try applying for an open work permit for her now, you'll need to make sure you first have a full time job in an occupation that is level A, B or 0.

 

[SAVITRI]

Could anyone help me or give me an advice.

I am an Indian got married to a Pakistani man in Nepal.We were studying together in UK.
Now he has married again a Canadian Citizen lady for immigration.

He did not give me a divorce.

Now he is applying for immigration for Canada.As i have heard bigamy is not accepted in Canada.

I need an query that if my marriage is registered in Nepal and not in Pakistan,would my husband get an immigration to Canada?i need your valuable advice.

 

[chau0103]

Thanks a lot scylla.
appreciate for your time and advise. god bless you.

 

[immigrationteacher]

Hi Everyone,
I am in Canada as student. I get my post graduation work permit. Before 1 year ago i applied for spouse visa for my wife but she got rejection.
I asked my lawyer to give me file which he applied for it on behalf of me but he refused to give it to me.
I wondering to know that if anybody know how to get reason about rejection through access of information i mean where and which form
i need to submit etc. i will really appreciate for your help.
Please and thank you.

Did she apply for visitor or work visa ?

 

[chau0103]

Did she apply for visitor or work visa ?

She applied for Work permit.
When i apply for GCMS notes do need to submit " Consent for an Access to Information and Personal Information Request" for it or not ?

 

[SAVITRI]

Could anyone help me or give me an advice.

I am an Indian got married to a Pakistani man in Nepal.We were studying together in UK.
Now he has married again a Canadian Citizen lady for immigration.

He did not give me a divorce.

Now he is applying for immigration for Canada.As i have heard bigamy is not accepted in Canada.

I need an query that if my marriage is registered in Nepal and not in Pakistan,would my husband get an immigration to Canada?i need your valuable advice.Could I lodge a complain to Canada immigration department.

 

[Bryanna]

Hi Savitri,

Sorry to hear about the situation you're in.


A few questions:
1. Under which Marriage Act was your marriage registered in Nepal?

2. Is the marriage legally valid because it is between Indian/Pakistani citizens of different religions (I'm assuming this based on your post)?

3. Can you prove your marriage is still subsisting? Is it possible that your husband filed/obtained a divorce without your knowledge (as an ex-parte case)?

4. Proofs that your husband has married again: Certificate of this second marriage? Details of the Canadian citizen he has married?

5. Proofs that he has applied for immigration to Canada? His current passport details?


Hope everything works out well for you

 

[immigrationteacher]

Bigamy is a criminal offence in Canada and he will be inadmissible for any kind of entry into Canada. http://yourlaws.ca/criminal-code-canada/290-bigamy

 

[SAVITRI]

Sir,

1. Our marriage In Nepal is fully registered and the marriage certificate is attested by Nepal embassy, Kathmandu, Indian embassy, Nepal, and Ministry of External Affairs, India.
2. I got married on 14th August 2014 and he again married this lady on 23rd August 2015.
3. My marriage is registered in Nepal . But it is not registered in Pakistan.

Sir , i HAVE A QUERY : IF MY MARRIAGE IS NOT REGISTERED IN Pakistan ,IF I LODGE A COMPLAIN TO CANADA EMBASSY WOULD MY MARRIAGE CONSIDERED AS LEGAL.
I CONVERTED TO ISLAM FOR HIM AND I GET ALL THIS FOM HIM . WHAT EVER HE DID I PRAY NO ONE SHOULD GO THROUGH ALL THESE. IT MENTALLY DISTURBS YOU.
WE HAD APPLIED FOR AUSTRALIA IMMIGRATION BUT HIS VISA WAS REJECTED. HE HAD SHOWN ME AS HIS DEPENDANT DURING AUSTRALIA IMMIGRATION.

I HAD ASKED FOR A DIVORCE BUT HE WANTS ME TO WAIT.

PLEASE ADVISE ME IF I CAN LODGE A COMPLAIN IN CANADA EMBASSY AGAINST HIM. HE HAS HURT ME NAD CHEATED ME.
I REALLY NEED YOUR ADVICE .
WOULD I BE SUCCESSFUL IF I LODGE A COMPLAIN.

WHAT ARE THE WAYS TO LODGE A COMPLAIN IN CANADA EMBASSY FOR BIGAMY?

WAITING FOR YOUR ADVICE. THANKS.

 

[Bryanna]

Hi Savitri,

Terribly sorry. I can imagine what you're going through. Please hold on..... there's always light at the end of the tunnel..... and tough times do not last.

1. Our marriage In Nepal is fully registered and the marriage certificate is attested by Nepal embassy, Kathmandu, Indian embassy, Nepal, and Ministry of External Affairs, India.

You did not mention under which Marriage Act your marriage was solemnized.

Did you give a 30 days notice through your individual embassies/consulates for a Foreign Marriage Act? Or did you do a Nikah?

I CONVERTED TO ISLAM FOR HIM

This is why I asked in my previous post if your marriage was valid..... because a marriage between a Hindu and an Muslim is legally invalid unless it is solemnized under (for example) a Special Marriage Act.

As you converted to Islam, your marriage is legally valid.

3. My marriage is registered in Nepal . But it is not registered in Pakistan.

May I ask why you have not registered your marriage in India? You can register it in the city/town where you reside. This will help you later to divorce him under Indian Law.

I do not know how to register a marriage in Pakistan. Maybe someone else can help you.


His second marriage is legally invalid if you can prove that he is still married to you..... because he has committed bigamy which is a punishable offence (whether in India or Canada). But, any conviction under Indian Law will not help. So, you'll be wasting your time going down that path.

Bigamy is a punishable offence that would make him inadmissible to Canada. You must prove he has married again.... the second marriage certificate is very important + details of his current passport + passport copy/citizenship card of the lady he has married.

Do you have these proofs? You can probably get these proofs from the Registrar of Marriages or Embassy/Consulate where he married the second time.

I would recommend you consult a good lawyer who specializes in marriage laws.... as well as an immigration lawyer/consultant for Canadian immigration


Also, you can only do so much (like reporting this bigamy to CIC or CPC-Mississauga).... then close this chapter and please move on in life


Don't lose hope

 

[SAVITRI]

Respected Sir,

AS YOU ASKED id you give a 30 days notice through your individual embassies/consulates for a Foreign Marriage Act? Or did you do a Nikah?

i HAVE MARRIED THROUGH FOREIGN MARRIAGE ACT GIVING NOTICE AND LIVING IN NEPAL FOR 30 DAYS. IT WAS MARRIAGE IN DISTRICT MAGISTRATE COURT AND LATER THROUGH EMBASSY.MT CERTIFICATE WERE ATTACHED EVEN THROUGH iNDIAN EMBASSY , NEPAL EMBASSY AND MINISTRY OF EXTERNAL AFFAIRS.


I HAVE HIS PASSPORT COPY ALONG WITH VALID IDENTITY CARD (NADRA CARD)AND ALSO IS SIGNED LEGAL DOCUMENT THAT HE HAS MARRIED ME .HE HAD SEND ME A LEGAL PAPERS FROM PAKISTAN COURT SIGNED BY HIM TOO THAT I AM HIS WIFE .HE DID IT TO PUT HIS NAME IN MY PASSPORT AS MY SPOUSE TOO.

SIR, I HAVE ALREADY INFORMED THE CANADA EMBASSY ISLAMABAD. I HAVE ALSO SEND THEM ALL THE DOCUMENTS ALONG WITH THE AUSTRALIAN IMMIGRATION BORDER AGENCY DOCUMENT STATING TAHT I WAS HOS DEPENDENT WHEN HE HAD APPLIED IN AUSTRALIA EARLIER.

i HOPE CANADA EMBASSY WILL ACCEPT MY COMPLAIN.

BUT SIR I HAVE ONE MORE DOUBT: MY HUSBAND SAYS IF OUR MARRIAGE IS NOT REGISTERED IN PAKISTAN OR CANADA I CANNOT HARM HIM. IS IT TRUE. COULD YOU ADVICE ME IN THIS REAGRD TOO. I LL BE HIGHLY THANKFUL FOR YOUR ADVICE.

 

[Bryanna]

Hi Savitri,

First off, please register your marriage, in India, at the Registrar of Marriages office in the town/city where you reside. This will help you to divorce your husband under Indian Law.

Secondly, (this is a tough decision which only you can take).... do wait for sometime before you file for a divorce. This will help you to prove to Canadian immigration/CIC that your marriage is still valid after this second marriage + after he files for Canadian immigration.

If you intend to divorce your husband then in my opinion, you must file the divorce petition first.

It he seems to want to keep a foot in both camps.... by wanting to divorce you whenever he wants to. He is fooling you by saying he *cannot be harmed* because your marriage is not registered in Pakistan. Your marriage is legally valid even if he is living in outer space presently.


Again, this decision to divorce him + when you want to file a divorce petition.... can be taken only by you. Please consult a good lawyer who handles matrimonial matters.


An aside:
Please do not caution or inform your husband in advance.... about your next actions, such as reporting this bigamy to Canadian immigration, etc


Next, do you have any proofs that he has married a second time? The second marriage certificate to the Canadian lady? This is very important.

If you do not have any proofs of his second marriage then your complaint to the Canadian embassy in Pakistan will NOT be considered.

If you have proofs of his second marriage (marriage certificate + he is immigrating to Canada) then you must report this bigamy to CPC-Mississauga because Spouse PR applications (PR sponsor assessment stage i.e. his second wife will apply for his PR) are processed by CPC-Mississauga. Hence, you must report this bigamy to both CPC-M and the Islamabad visa office.

The CPC-M address is here:
http://www.cic.gc.ca/english/information/offices/canada/mississauga.asp



All the best

 

[SAVITRI]

Respected Sir,

You gave me a site :about CIC:


but when i opened it it shows only contact numbers but no email id. Is there any way I can inform them through email and mail the documents.

Sir i know the Canadian lady's name and i have there marriage photos too.

Could you please help me . I will be highly grateful. Sir my mother is very unwell after hearing this news. I have lost my father and I am all alone.I honestly want to lodge a complain and make it sure that he does not get immigration. Sir,Please do help me Thanks,
Zinia

 

[Bryanna]

Hi Savitri,

I am truly sorry to hear about your situation.


Do not send incomplete information to CIC. You'll have to do things correctly if you want to report this bigamy:
1. You MUST have the Marriage Certificate for the second marriage. If you do NOT have the marriage certificate, your complaint will be ignored

2. It seems you do not have this marriage certificate. Can you get it from the Registrar of Marriages or the embassy where your husband married the second time?

3. Has your husband applied for Canadian PR? Do you have a copy of his Canada PR application?

4. You must prepare a dossier (set of documents) showing your marriage as the first marriage + copies of your passport and your husband's passport + copies of the Canadian lady's passport or citizenship card + copy of the Australian PR application + photographs of the second marriage, etc

5. Please consult a lawyer to draft a cover letter to send with these documents (if you are unable to draft it)

6. You must mail or courier these documents to each of these CIC offices:
a. CPC-Mississauga (the first address in the link which I sent you)
b. Islamabad visa office
c. Is your husband currently living in Pakistan? If he is residing in any other country then you must send one set of documents to the visa office that handles Canada PR for the country/region he is presently living in


I'll reiterate.... after you report this bigamy, please move on in life


All the very best and do take care