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| Subject: Do I still have the chance to be with my hubby?? |
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My husband and I are together for four years and eight months when he and his family migrated to Canada. But three days before we parted ways, we had our civil wedding. Then, after a year of being apart from each other, he came back to get hitched with me again in the Church this time. Then, we are now processing our papers since I already graduated from College and has now passed the Board and is now a Registered Nurse.
Little did we know, though that we will still face bigger problems. We found out that it aint allowed for immigrants to be married before they land Canada. By the way, they applied for immigration as a family last 2000. And it was just approved last year. Meaning: he was still single and a dependent of his dad that time when they applied.
I´ve tried to seek counsel from an immigrant officer in the City Hall. And she told me that she has already encountered such. It has not been a problem for most of those she has handled and was even able to still push with their applications. It is no sin to be married, anyway, that´s what she said. And I believe her so.
Now, question: Will this really be a problem??? Would it really matter since when they applied he was really single that time and was still a dependent of his father?? And I´ve read that it´s Canada´s ultimate goal to unite and re-unite families.
My hubby and I miss each other so much and can´t stand being miles apart from each other anymore. It is sooo harder than I´ve imagined. I would even cry to sleep almost everyday. We don´t know what to do anymore. We are a young couple and we want to begin a family as soon as possible. How is that doable now?? We will be having our 6th anniversary on October and we are still not together. How sad is that??
HELP!!! I am on my knees......
[24-08-2006,01:39]
[***.84.188.66]
gayle |
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(in reply to: Do I still have the chance to be with my hubby??)
gayle, I really feel for you. I know the feeling........:(
[24-08-2006,02:00]
[**.82.210.165]
IDO |
:c (in reply to: Do I still have the chance to be with my hubby??)
so unfair, so cruel life is for us :c
[24-08-2006,02:04]
[***.84.188.66]
gayle |
(in reply to: Do I still have the chance to be with my hubby??)
you will need the assistance of a lawyer. If you were married at the time of his initial immigration, he may not have qualified to be included in the application. A civil marriage is legal and he should have declared his change in status to CIC - if he did not...CIC is very clear that his PR status can be revoked.
It is unfortunate that he did not do a little more research.
Now, according to our immigration laws, because he did not declare his status - he cannot sponsor you. am I understanding that correctly?
A lawyer may help you with an appeal - but the rules are pretty clear, even if they seem unfair.
He always has the option of moving back home to be with his wife and applying to Canada as a skilled worker.
Your best option is to seek the advice of a good lawyer - they will know best what your options might be.
[24-08-2006,02:29]
[***.121.220.199]
sharon |
(in reply to: Do I still have the chance to be with my hubby??)
STOP RIGHT NOW AND READ
The problem is 117 (9) (d) as well regulation 51 (b) and not all Lawyers Sharon are the same! No lawyers in Canada have to take one course in Immigration Law and they learn by making mistakes. his regulation is a very draconian law and there is two ways of overcoming it. There is equal ammounts of case law on both sides.
Sharon if you write me directly I´ll send the case laws to you and you can post them to Gayle. The whole issue is the sentence on the IMM 008 were it states if any changes occurs you have to tell before your landed. If you do tell at the port of entry they will not issue the visa and write the person up for 51 (b) because on of the family members has not had a medical done.
Then its off to admissability hearing based on H&C or go home and reapply.
THERE IS ANOTHER WAY BUT I CAN NOT SAY IT HERE.
[24-08-2006,08:51]
[**.52.216.87]
Roy |
(in reply to: Do I still have the chance to be with my hubby??)
well Gayle... you just got a million dollars worth of advice and encouragement.
thanks Roy for your offer. I will send you my contact information.
all these rules seem bizarre. we have spouses that cannot come because there is inadequate proof of relationship or that the relationship is long distance or unconventional and at the same time... someone can get tacked on an application at the last minute without a lot of scrutiny.
the whole system stinks
[24-08-2006,09:19]
[***.121.220.199]
sharon |
(in reply to: Do I still have the chance to be with my hubby??)
Just out of curiosity: why can´t you women condition your emotions to love the Right Man and not the losers. The loser is apparently still suckling off of his mommy and thus most likely does not have any income. Now how can you expect the Canadian govt to uphold these kind of family situations? If they let her in, she will be yet another burden to the system. Why do you have to cry every night? How about go out with your girl friends and find other men who just might have learned to work. Or find yet another loser who may have parents well settled into your own society? Be practical about your expectations. Don´t go round whining how your freaky man married your arse in a funeral home and call that some kind of an eternal bondage! It all boils down to humping the rump. And that too just for a minutes each time!
[24-08-2006,13:20]
[***.202.54.107]
Righteous Man |
(in reply to: Do I still have the chance to be with my hubby??)
Gayle, the first question that must be answers is whether your husband is a part of his original family class sponsorship if he was married - because at that point a civil ceremony is recognized as legal in Canada.
Unfortunately, your ability to be with him is secondary.
If he does not qualify, (and the way you have presented your situation would suggest he does not but you have not provided nearly enough information for anyone to speculate) he runs a very strong risk of losing his Canadian status.
It might have been nice for you to be married before he left for Canada but it was a very large error when it comes to the legalities of immigration.
[25-08-2006,14:59]
[***.121.220.199]
sharon |
