Visitor Visa Rectification

[Bryanna]

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?

Guess you have not read the OP's first post in this thread, or else you are unaware of the law.

She was married at the time of applying for a TRV, but she wrongly declared that she was single just to be improve her chances of getting a TRV. That is misrepresentation.

 

[vikiviky]

Guess you have not read the OP's first post in this thread, or else you are unaware of the law.

She was married at the time of applying for a TRV, but she wrongly declared that she was single just to be improve her chances of getting a TRV. That is misrepresentation.

@Bryanna I have read it, you have to re-read it and understand what he has written. I am quoting what he has written "she is single as our marriage was not registered at the time of filing the visa" , He hasn't misrepresentated but he wasn't officially married at the time of TRV application

 

[Bryanna]

@Bryanna I have read it, you have to re-read it and understand what he has written. I am quoting what he has written "she is single as our marriage was not registered at the time of filing the visa" , He hasn't misrepresentated but he wasn't officially married at the time of TRV application

Of course, she WAS married at the time of applying for a TRV. She applied less than one week after she was married.

Not registering a marriage ceremony does NOT make the marriage invalid. The marriage was legally valid on the day she applied for a TRV.

The OP had misrepresented on her TRV application form + the Family Information form about her marital status with the deliberate intention of making her TRV application to seem stronger.... instead of declaring that her husband is a WP

 

[vikiviky]

Of course, she WAS married at the time of applying for a TRV. She applied less than one week after she was married.

Not registering a marriage ceremony does NOT make the marriage invalid. The marriage was legally valid on the day she applied for a TRV.

The OP had misrepresented on her TRV application form + the Family Information form about her marital status with the deliberate intention of making her TRV application to seem stronger.... instead of declaring that her husband is a WP

You still did not understand, People may get married in X date ritually but officially while registering the use Y date.

 

[Bryanna]

You still did not understand, People may get married in X date ritually but officially while registering the use Y date.

I strongly recommend you do not argue with me about Indian Law. The OP has committed misrepresentation for her TRV.


Here are some legal references:
1. Hindu Marriage Act, 1955 (Bare Act).... The consequences of non-registration of a marriage ceremony is the same for all religions.
Refer to sub-section 5 under Section 8: Registration of marriage
http://www.hellocounsel.com/hindu-marriage-act-1955-section-5-to-8/

(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.


2. http://ncw.nic.in/pdffiles/compmarriagebill.pdf (Refer Point 20)


3. http://www.shareyouressays.com/knowledge/what-are-the-main-consequences-of-registration-or-non-registration-of-marriages-under-hindu-marriage-act-1955/117352

The object of compulsory registration of marriages with the local authorities gives a legal status to wedlock, and strengthen the institutions of marriages and be the conclusive proof of the evidence of such marriage. The marriages also include remarriages. Omission to register the marriage does not affect the validity of the marriage

 

[viharviradia]

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 .

More than 6 months

 

[vikiviky]

More than 6 months

Great, thank you. @Bryanna this is one of the example when you advise people not to request TRV for lengthy period.

 

[Bryanna]

Great, thank you. @Bryanna this is one of the example when you advise people not to request TRV for lengthy period.

Somehow I'm not inclined to believe what the OP has stated.

She is self-employed + applied to stay for more than 6 months to visit her younger brother + she has committed misrepresentation about being unmarried. None of this adds up to being able to get a TRV. But, if you believe it then good luck!

 

[vikiviky]

Somehow I'm not inclined to believe what the OP has stated and/or maybe other documents/statements were stated in the TRV application

She is self-employed + intends to stay for more than 6 months to visit her younger brother + she has committed misrepresentation about being unmarried. None of this adds up to being able to get a TRV. But, if you believe it then good luck!

But she got the TRV already. Dint she? I am really sorry but i have countless real examples sitting with me.

 

[Bryanna]

But she got the TRV already. Dint she?

Have you seen it? Have you seen her application?

 

[vikiviky]

Have you seen it? Have you seen her application?

I know what you mean.

 

[Bryanna]

I know what you mean.

Personally, I cannot even think of committing a minor omission or making a false statement in any visa application. The repercussions can be terrifying.

We are all aware of the 5-years' ban for misrepresentation. It's not something new. We've seen how applicants panic when they forget to declare a previous visa refusal.

Absolutely no offence intended here: The OP is a WP. He must be aware of the 5-years' ban for misrepresentation. Not sure why the spouse was advised to apply as 'single/unmarried'. It would have been disastrous if she was banned. That would also make the OP inadmissible (and both of them won't be able to apply for PR). Anyways.

As IRCC has no reason (not yet) to suspect that she has committed misrepresentation, she can do some damage control. She would not want to apply for an SOWP without declaring her correct marital status for her TRV application

 

[vikiviky]

Personally, I cannot even think of committing a minor omission or making a false statement in any visa application. The repercussions can be terrifying.

We are all aware of the 5-years' ban for misrepresentation. It's not something new. We've seen how applicants panic when they forget to declare a previous visa refusal.

Absolutely no offence intended here: The OP is a WP. He must be aware of the 5-years' ban for misrepresentation. Not sure why the spouse was advised to apply as 'single/unmarried'. It would have been disastrous if she was banned. That would also make the OP inadmissible (and both of them won't be able to apply for PR). Anyways.

As IRCC has no reason (not yet) to suspect that she has committed misrepresentation, she can do some damage control. She would not want to apply for an SOWP without declaring her correct marital status for her TRV application

My take is - if his actual marriage certificate says she was unmarried then its not a representation, its a usual stuff in india, people have different official marriage date versus the marriage ceremony. and Yes i agree with you on the consequences on misrepresentation. Quick question - is that mandatary to show marriage certificate if in application says married?

 

[Bryanna]

Quick question - is that mandatary to show marriage certificate if in application says married?

That would depend on the type of visa application. For example, for a SOWP, yes, the applicant would include proof of relationship to the WP spouse (i.e. a marriage certificate, if married)