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Is there any problem if marry before landing canada and sponsor after landing?

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Is there any problem if marry before landing canada and sponsor after landing?

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Old Dec 14th 2003, 10:23 pm
  #1  
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mridulshaikh is an unknown quantity at this point
Default Is there any problem if marry before landing canada and sponsor after landing?

Is there any problem if I marry before landing canada and submit her application as sponsored person after landing canada.I know no one should do it but I need this information for some personal affairs.Is there any date binding in this regard?

Please help experts in this matter.

Thanks
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Old Dec 15th 2003, 3:09 am
  #2  
Andrew Miller
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Default Re: Is there any problem if marry before landing canada and sponsor after landing?

If you change marital status before landing then your visa will become
invalid as it was granted to you as a single. More - spouses who were not
included in the process and didn't undergo medicals are no longer family
class members and cannot be ever sponsored. So, don't do it. You have only 2
options:

1. Marry now and add your spouse to your case; or

2. Don't marry, land in Canada first, marry after landing and then start
sponsorship process.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"mridulshaikh" <member7307@british_expats.com> wrote in message
news:[email protected]...
    > Is there any problem if I marry before landing canada and submit her
    > application as sponsored person after landing canada.I know no one
    > should do it but I need this information for some personal affairs.Is
    > there any date binding in this regard?
    > Please help experts in this matter.
    > Thanks
    > --
    > Posted via http://britishexpats.com
 
Old Dec 15th 2003, 3:09 pm
  #3  
Cina-Nkri
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Default Re: Is there any problem if marry before landing canada and sponsor after landing?

Andrew Miller wrote:
    > If you change marital status before landing then your visa will become
    > invalid as it was granted to you as a single.

Is it the fact? But that what we have been doing! My wife got the landing
paper (individual class) just before our wedding. We tried to inform the
marriage to Buffalo but there were no reply for months. So my wife landed.
On landing my wife did inform the immigration officer that she got married
after receiving the landing paper. The immigration officer just said,
"Well, too late, now you just have to sponsor him."

Did the immigration officer made mistake? Did the my wife permanent
residency status actually invalid and/or she cannot sponsor me?

--
grateful
Cina-NKRI
 
Old Dec 15th 2003, 4:17 pm
  #4  
Andrew Miller
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Posts: n/a
Default Re: Is there any problem if marry before landing canada and sponsor after landing?

Yes, it is the law - you are excluded now as family class member and cannot
be sponsored as you didn't undergo all required examinations during your
wife's application process. Check subsection 9d of the Section 117 of
Regulations here:

http://www.canlii.org/ca/regu/sor2-227/sec117.html

And yes - if CIC wants to be strict and nasty then your wife's PR status may
be seemed as obtained fraudulently. She applied for PR status as a single,
was processed as single but obtained PR status (landed) already married.
This is not very likely that she will lose her PR status, but unfortunately
you are out of picture for sure.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"Cina-NKRI" <[email protected]> wrote in message
news:[email protected]...
    > Andrew Miller wrote:
    > > If you change marital status before landing then your visa will become
    > > invalid as it was granted to you as a single.
    > Is it the fact? But that what we have been doing! My wife got the landing
    > paper (individual class) just before our wedding. We tried to inform the
    > marriage to Buffalo but there were no reply for months. So my wife landed.
    > On landing my wife did inform the immigration officer that she got married
    > after receiving the landing paper. The immigration officer just said,
    > "Well, too late, now you just have to sponsor him."
    > Did the immigration officer made mistake? Did the my wife permanent
    > residency status actually invalid and/or she cannot sponsor me?
    > --
    > grateful
    > Cina-NKRI
 
Old Dec 15th 2003, 11:51 pm
  #5  
Cina-Nkri
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Posts: n/a
Default Re: Is there any problem if marry before landing canada and sponsor after landing?

Andrew Miller wrote:
    > Check subsection 9d of the Section 117 of Regulations here:
    > http://www.canlii.org/ca/regu/sor2-227/sec117.html

Thanks. However, the regulation said
"at the time of that application, the foreign national was a
non-accompanying family member or a former spouse or former common-law
partner of the sponsor and was not examined."

Well, 'at the time of that application' I was not a family member, and I
can easily prove that I was not a family member until after the
decision was made (the landing paper issued). What do you think?

    > And yes - if CIC wants to be strict and nasty then your wife's PR
    > status may be seemed as obtained fraudulently.

Well, definitely not the case. We had the wedding planned for months. We
just could not find entry in the application to enter "future spouse".
And we tried to the best of our knowledge to inform Buffalo and CIC
about the change of her status.

    > but unfortunately you are out of picture for sure.

It is very unfortunate, because the only reason we went to Canada was
because we thought we can stay together (we are from different
countries). The second it is not true, there is no reason to stay in
Canada anymore.

Thanks!

--
grateful
Cina-NKRI
 

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