Visitor Visa Rectification

[viharviradia]

Hello Advisors,

I recently got married on 10th May, 2018 in India. My marriage was registered on 4th June, 2018 in India. Currently I am on work permit in Canada and a temporary resident of Canada since August, 2016.

My wife filed a visitor visa for Canada on 16th May, 2018 and was approved on 18th June, 2018. But unfortunately she mentioned in her visa application that she is single as our marriage was not registered at the time of filing the visa.

My concern is will that make any problem for her if she travels to Canada on that visitor visa or if I apply for her spouse work permit from india?

Please advice me in this situation.

 

[viharviradia]

Hello Advisors,

I recently got married on 10th May, 2018 in India. My marriage was registered on 4th June, 2018 in India. Currently I am on work permit in Canada and a temporary resident of Canada since August, 2016.

My wife filed a visitor visa for Canada on 16th May, 2018 and was approved on 18th June, 2018. But unfortunately she mentioned in her visa application that she is single as our marriage was not registered at the time of filing the visa.

My concern is will that make any problem for her if she travels to Canada on that visitor visa or if I apply for her spouse work permit from india?

Please advice me in this situation.

Hello Advisors, please reply if anyone can suggest me what I can do in this situation.

 

[canuck_in_uk]

Hello Advisors,

I recently got married on 10th May, 2018 in India. My marriage was registered on 4th June, 2018 in India. Currently I am on work permit in Canada and a temporary resident of Canada since August, 2016.

My wife filed a visitor visa for Canada on 16th May, 2018 and was approved on 18th June, 2018. But unfortunately she mentioned in her visa application that she is single as our marriage was not registered at the time of filing the visa.

My concern is will that make any problem for her if she travels to Canada on that visitor visa or if I apply for her spouse work permit from india?

Please advice me in this situation.

No issue.

 

[viharviradia]

No issue.

Thank you for your revert.

Should I declare to canada consulate in india that me and my wife are married or should I declare at the time of filing of spouse work permit either from india or once she is here in canada with me next year?

 

[canuck_in_uk]

Thank you for your revert.

Should I declare to canada consulate in india that me and my wife are married or should I declare at the time of filing of spouse work permit either from india or once she is here in canada with me next year?

They don't care that you got married unless you apply for something.

 

[canuck78]

Wouldn't she need to declare that she was married on the TRV if she had the ceremony but the marriage wasn't registered yet? Grey area I guess. Curious whether you were mentioned at all in the TRV in the purpose of visit. If the purpose of visit was to visit fiancé would be consistent with the non-registered marriage. Probably doesn't matter but deinitely omitted some key information. Guess that is not uncommon.

 

[viharviradia]

They don't care that you got married unless you apply for something.

You gave me peace of mind sir. Thank you.

One more advice I need, if I change my spouse’s passport to new one and include my name in spouse column, her middle name and last name remains the same, it will not affect the visitor visa on old passport right?

 

[viharviradia]

Wouldn't she need to declare that she was married on the TRV if she had the ceremony but the marriage wasn't registered yet? Grey area I guess. Curious whether you were mentioned at all in the TRV in the purpose of visit. If the purpose of visit was to visit fiancé would be consistent with the non-registered marriage. Probably doesn't matter but deinitely omitted some key information. Guess that is not uncommon.

Hi she mentioned to visit her younger brother in Canada at the time filing the visa As she is engage in self employed occupation she planned to come as my wife later next year with me.

 

[Bryanna]

@viharviradia

Wouldn't she need to declare that she was married on the TRV if she had the ceremony but the marriage wasn't registered yet? Grey area I guess. Curious whether you were mentioned at all in the TRV in the purpose of visit. If the purpose of visit was to visit fiancé would be consistent with the non-registered marriage. Probably doesn't matter but deinitely omitted some key information. Guess that is not uncommon.

Lack of registration of the ceremony per se does not invalidate the marriage nor would it seem like the marriage did not take place.

Also, as per new rules, a non-resident Indian is required by law to register a marriage, that takes place in India, within 48 hours of the ceremony.

It was necessary to declare they were married regardless of whether the marriage was registered or not at the time of filing the TRV application, otherwise it is misrepresentation.

The OP was married before she applied for TRV. She also did not declare her WP spouse in her application/Family Information form. Both these omissions count towards misrepresentation

 

[canuck_in_uk]

Wouldn't she need to declare that she was married on the TRV if she had the ceremony but the marriage wasn't registered yet? Grey area I guess. Curious whether you were mentioned at all in the TRV in the purpose of visit. If the purpose of visit was to visit fiancé would be consistent with the non-registered marriage. Probably doesn't matter but deinitely omitted some key information. Guess that is not uncommon.

I missed that the marriage was before the TRV application. Yes, she was married when she applied as single, which was misrepresentation.

 

[canuck_in_uk]

Thank you for your revert.

Should I declare to canada consulate in india that me and my wife are married or should I declare at the time of filing of spouse work permit either from india or once she is here in canada with me next year?

I misread the dates in your original post. As said by the others above, your wife committed misrepresentation by stating she was single when she was married.

 

[Bryanna]

I would recommend the OP emails her local visa office + sends a CSE to inform IRCC that she misunderstood the application form.... and she was married at the time of filing a TRV application + she is declaring this information on her own without IRCC requesting it. This would save her from misrepresentation/refusal of a SOWP when she applies for one later.

She must not make any travel plans until she receives a positive reply from the visa office

 

[viharviradia]

I would recommend the OP emails her local visa office + sends a CSE to inform IRCC that she misunderstood the application form.... and she was married at the time of filing a TRV application + she is declaring this information on her own without IRCC requesting it. This would save her from misrepresentation/refusal of a SOWP when she applies for one later.

She must not make any travel plans until she receives a positive reply from the visa office

Thank You so much Bryanna. I appreciate your explanation.

 

[vikiviky]

Hello Advisors,

I recently got married on 10th May, 2018 in India. My marriage was registered on 4th June, 2018 in India. Currently I am on work permit in Canada and a temporary resident of Canada since August, 2016.

My wife filed a visitor visa for Canada on 16th May, 2018 and was approved on 18th June, 2018. But unfortunately she mentioned in her visa application that she is single as our marriage was not registered at the time of filing the visa.

My concern is will that make any problem for her if she travels to Canada on that visitor visa or if I apply for her spouse work permit from india?

Please advice me in this situation.

If i can ask, how many months of visa she applied for , More than or less than 6 month, i am in the same situation .

 

[vikiviky]

I would recommend the OP emails her local visa office + sends a CSE to inform IRCC that she misunderstood the application form.... and she was married at the time of filing a TRV application + she is declaring this information on her own without IRCC requesting it. This would save her from misrepresentation/refusal of a SOWP when she applies for one later.

She must not make any travel plans until she receives a positive reply from the visa office

What is misrepresantation here? By law she was unmarried at the time she applied for visa. After she got the visa, her maritial status could change. and a single person can come to canada, get married and then apply for SOWP. Where is wrong by law?