undeclared spouse

[scylla]

Were they married when he landed or not? Its not entirely clear.......

It's 100% clear. Read the OP's historical threads. OP has asked these questions before.

 

[links18]

It's 100% clear. Read the OP's historical threads. OP has asked these questions before.

I looked at the other thread; she never quite says they were married when he landed. She uses the phrase "travelled," which might mean travelling to land or it might not.

 

[makisabrina]

Hi guys

Let me explain better

He started application in 2011 (not married)
Did his medical school in Jan 2013 (not married)
Went to Ghana to pick up his visa/landing papers in March 2013. (not married)

Married in July 2013

Land Canada in August 2013

 

[scylla]

Hi guys

Let me explain better

He started application in 2011 (not married)
Did his medical school in Jan 2013 (not married)
Went to Ghana to pick up his visa/landing papers in March 2013. (not married)

Married in July 2013

Land Canada in August 2013

Right - you got married before he landed and he didn't declare you. So he can't sponsor you ever. Nothing matters except your marriage date and his landing date.

 

[joy0713]

Right - you got married before he landed and he didn't declare you. So he can't sponsor you ever. Nothing matters except your marriage date and his landing date.

hello i have an undeclared spouse too but we just got married after we landed here and become a PR i am refused to become a sponsor because of that reason. can i still sponsor my husband?

 

[zardoz]

hello i have an undeclared spouse too but we just got married after we landed here and become a PR i am refused to become a sponsor because of that reason. can i still sponsor my husband?

If you were refused under IRPR 117(9)(d), they obviously defined you as common-law before you landed as a PR. If that's the case, the answer is no. Getting married after landing would not overcome this.

 

[Panda_Bear]

How can someone not declare their spouse? LOL .... these cases give bad reputation for all immigrants.

I hope the government is reading these threads here and checking the IP addresses...

 

[zardoz]

How can someone not declare their spouse? LOL .... these cases give bad reputation for all immigrants.

I hope the government is reading these threads here and checking the IP addresses...

In this particular case, there also appears to be immigration fraud involved. The poster should have been removed from her mother's application completely as she was no longer an eligible dependant by the time she landed. If the rules were strictly applied, both she and her mother would have PR status revoked for misrepresentation.

 

[joy0713]

In this particular case, there also appears to be immigration fraud involved. The poster should have been removed from her mother's application completely as she was no longer an eligible dependant by the time she landed. If the rules were strictly applied, both she and her mother would have PR status revoked for misrepresentation.

my mother applied us 6yrs ago and we are already approved before i turn 20 i am continously studying and still a dependant before we came here..we did not declare my husband because we are not married before

 

[zardoz]

my mother applied us 6yrs ago and we are already approved before i turn 20 i am continously studying and still a dependant before we came here..we did not declare my husband because we are not married before

You do however appear to have been common-law, as defined by Canadian immigration. So, you were still ineligible as a dependant, just as much as if you had been married.

 

[icewizard]

You do however appear to have been common-law, as defined by Canadian immigration. So, you were still ineligible as a dependant, just as much as if you had been married.

Do you mean that in this case: the sponsor must declare it's current relationship as common-law and then as married once the marriage has taken place?

 

[jsm0085]

My suggestion would be to contact an immigration lawyer. They will be able to assess the situation and provide you with your options.

 

[zardoz]

Do you mean that in this case: the sponsor must declare it's current relationship as common-law and then as married once the marriage has taken place?

Not quite. This was originally not a sponsorship application. The poster, "joy0713" was a dependant in her mother's application. The moment that "joy0713" became a common-law partner, she became ineligible as a dependant and a) should have been removed from her mother's application and b) not have attempted to land as a PR. This is the immigration fraud part of the case. However, she is, for now, a PR and has attempted to sponsor her common-law partner, who she has since married. The damage has already been done before the marriage took place and IRCC have refused the sponsorship application.

 

[Odunayoo]

Ignore all
https://www.thestar.com/news/immigration/2019/05/31/new-immigration-rules-boost-family-reunification-protect-abused-migrants.html

Hello everyone

My husband did not declare he was marries when filing for PR because we were not married yet. After we got married, he did not declare.
I am currently in Canada with my kids on visit visa. We are planning to apply for H&C on spousal sponsorship

My husband wants us to go back and wait till he becomes a citizen and then he can file.

My question is this, can he still file for me when he becomes a citizen as I was never mentioned in his PR application.

 

[scylla]

Ignore all
https://www.thestar.com/news/immigration/2019/05/31/new-immigration-rules-boost-family-reunification-protect-abused-migrants.html

Incorrect. The pilot does not apply in this situation. The spouse applied for PR through the skilled worker program. Pilot only applies to individuals who applied for PR as refugees or through family sponsorship.