Spouse visa rejection

[Sallu09]

I applied spouse visa for my wife, which was rejected by Canadian emmbessy . I hope somebody can help me. My situation is like this -- I was In U.K from 2006 to 2010. I applied for pr from London office and got visa for my pr on passport on January 2010 and I was I unmarried by that time. I was to enter canada by 22 sept 2010. I went back to India from U.k in July 2010 and got married in August 2010. In sept I came to canada and after a year I applied for spouse visa , which was rejected. Emmbessy said when I applied for my pr I didn't mentioned about my wife but I was not married at thTat time. I got married only after seven months after getting my visa and one month before coming to canada. One of my frnd told me that I had to tell them at airport when I entered canada, but I didn't knew it anId don't remember if they asked me. I just remember they asked me about money. Revene and tax dept of canada do have record the record that I am married. I have asked lawyers about that but they are giving me off the road options. I have genuine marriage and I don't wanna follow that or I will go back to India. Can anyone tel me a way out of this problem. I will be thankful

 

[CanadiansWife]

Hi, have you tried for an appeal? Look into an appeal and apply for one!

 

[Sallu09]

They have given me option to reapply dear

 

[scylla]

You have a very big problem on your hands.

You can never sponsor your wife. In addition, because you landed as "single" when you were in fact married - you committed misrepresentation which could result in your PR status being revoked.

You should have waited until after you landed in Canada to get married. Alternatively, after you got married, you should have returned your visa, told CIC that you were now married and submitted all of the necessary paperwork and supporting documentation to add your wife to your application. But it's obviously too late to do any of that now.

I don't think there's much point in appealing. The laws are extremely clear and CIC was correct in refusing your wife. This has nothing to do with whether your marriage is genuine or not. That doesn't matter. The problem is that you landed as a single person when you were in fact married.

Can your wife qualify to immigrate independently through one of the skilled worker programs? I think that's your best option if you want to bring her here.

 

[Sallu09]

But even if she qualify she has to give my details as she married to me. Then they will open my file again. Won't it again create problem.

 

[letina]

You are in serious troubles! Probably the government may innitial the process to remove your PR status because you had committed a misrepresentation! When you receive the visa they clearly tell you that you cannot get married before you land as a PR, if you do so you MUST disclose to visa office processing your visa and your application will be return for resubmission. There is no provision to add dependent when your visa has been issued. Your PR status is illegal and you will not be able to obtain citizenship nor renewing your PR card when it is expired. You may need to get a lawyer to look into your case for juridicial review and humanitarian considerations

 

[CharlieD10]

Section 117(9)(d) is pretty clear. Unexamined and undeclared family members are not sponsorable. Your own PR status is also possibly in jeopardy, because you committed a misrepresentation by landing on a visa issued to you when you were single after you were married. It doesn't matter what the IO at the airport did or didn't ask you when you landed, don't even entertain the thought that that is a sufficient excuse/reason. The burden of responsibility does NOT shift to CIC, it is always the applicant's responsibility to be truthful and to report to CIC ALL changes in their legal status. It was quite clearly spelled out in your COPR.

 

[Indigo]

If they have given you the option to re-apply, this time with your wife included, I would do that.
In order to do this you most likely have to give up your PR and go back to the country you cane from, then re-apply.

Get a lawyer. That will no doubt help. Get a good one though, not one of those overcharging scams.