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| Subject: Passport Request |
Hi guys I finally got the request to send my passport for stamping. My question is that since I got married 3 months ago, I want to update CIC on this. Do you think that would adversely affect or further elongate the whole process? I would hate to go through the whole waiting game again...
[28-09-2006,20:46]
[***.186.248.108]
TS |
(in reply to: Passport Request)
you absolutely have to update your status immediately.
do not attempt to land until you straighten this out. you will be hit with misrepresentation, and you could lose the chance to ever sponsor you spouse if she is not a Canadian.
yes, this is going to stall things. if you are bringing your wife with you, she needs to have medicals done etc.
there is no way around this.
[28-09-2006,23:37]
[***.121.220.199]
Sharon |
Re: Passport Request (in reply to: Passport Request)
You are near the end of long process with only 2 or 3 months before you get permanent resident certificate that will land you in Canada. Then you can start the process again with your spouse and wait one more year and you CAN stay in USA or your country. The rule is that once you get permanent resident card, then you have 5 years and you must live in Canada two years out of five years! It might go faster this time to file for your spouse with you being permanent resident of Canada.
Paul
[28-09-2006,23:53]
[**.55.90.59]
Paul |
(in reply to: Passport Request)
Paul, that is not what he asked.
He has completed his PR process with the exception of his passport stamping. Since he applied, he has become married and neglected to advise CIC about a change in status. He MUST immediately advise CIC about his recent marriage or his own PR status is in jeopardy.
They will tell him if he should sponsor his wife or add her to his application. Either way, there will be some paper shuffling and possible delay. He should have done it the day after he got married!!!!!!!!!!
sorry... but you did a really dumb thing here.
[29-09-2006,01:11]
[***.121.220.199]
Sharon |
(in reply to: Passport Request)
Please post your timeline.
[29-09-2006,11:42]
[**.225.27.20]
Anonymous |
(in reply to: Passport Request)
from the cic website FAQ
I just got married. How can I add my spouse to my application?
You must inform us immediately, in writing, of your new matrimonial status. If your spouse is not a citizen or permanent resident of Canada, he or she must be examined in the context of your application, whether or not he or she will accompany you to Canada. We will send you the forms which your spouse must complete as well as a list of documents required. He or she will have to undergo a medical examination. If your spouse is accompanying you to Canada, you will also have to pay the required fees, submit a copy of his or her passport and obtain a Certificat de s?lection du Qu?bec (CSQ) to his or her name if your province of destination is Quebec.
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Perils of Misrepresentation
It is sometimes difficult for clients to grasp the dangers of any sort of misrepresentation in an immigration application. The following article from the Globe and Mail illustrates how family members can be excluded forever from Canada due to a misrepresentation.
The article does not mention that even if a family member is declared in an application, that family member will be excluded from Canada in the future if that family member is not examined by CIC (i.e., all information about the family member not provided to CIC).
This is a very harsh rule that should be amended in certain circumstances, especially where children in other countries under custody of an ex-spouse are not made available for medical or other examinations:
Forever barred from Canada
Law forbids immigrants from sponsoring children, spouses left off initial application
By MARINA JIM?NEZ
Monday, October 24, 2005 Posted at 4:08 AM EDT
From Monday´s Globe and Mail
When Nguyen Van Hai fled Vietnam, he cried for the baby boy he was forced to leave behind. Poverty and the chaos of civil war had separated him and his girlfriend, who had sole custody of young Chien.
In 1987, Mr. Hai escaped to a refugee camp in Hong Kong with his mother and three siblings. He married another woman before being accepted three years later on Sept. 5, 1990, to come to Canada, part of the massive influx of Vietnamese boat people who arrived in those tumultuous years.
On his application form, Mr. Hai made a crucial decision that would come back to haunt him. He did not declare his out-of-wedlock son, afraid it would jeopardize his family´s chance of being accepted as immigrants ? and fearing to tell his wife the truth.
What he couldn´t have known is that this sin of omission would eliminate any chance of ever reuniting with Chien.
According to the 2002 Immigration and Refugee Protection Act, Canadian immigrants may not sponsor spouses or children if they failed to declare them on their initial applications. No exceptions.
Not even for those who got married or had children after they applied to come to Canada but before they arrived. The regulation applies retroactively, reaching back to non-disclosures from before 2002.
Moreover, Canadian immigration officials can deport immigrants who ask to bring in previously undisclosed children or spouses, on the grounds of misrepresentation.
Canada´s immigration bar has launched a legal challenge to what lawyers call this "Draconian regulation" ? 117 (9)d in the act ? that penalizes hundreds of children for the sins of the father.
Mr. Hai, now 39 and the owner of a nail salon in Pembroke, Ont., finds it deeply troubling that his son is forever barred from Canada.
"At the time, my wife didn´t know about my son in Vietnam. Once I told her, she said, ´you must go and find him,´." he said. "I flew to Vietnam in 1997 and found Chien. He was still living in the same village, Nai Hien Dong. My dream is to get him here. My son is so frustrated and feels so abandoned."
Chien´s mother became a nun and he is being raised by an uncle, living in poverty.
Catherine Sas, the Vancouver lawyer who has spearheaded the legal effort to strike down the law, has several clients with similar stories:
A Filipina dentist who failed to declare her daughter from a prior marriage when she first immigrated now despairs of reuniting with her. A wealthy Hong Kong businessman wants to sponsor the children he fathered with his mistress after she abandoned them.
"These people are not drains on the system," Ms. Sas said. "Immigration Canada is failing to recognize the significance of family relationships, and penalizing people for eternity, not weighing any of the factors that used to be weighed."
If a regular applicant to Canada is found to have misrepresented his circumstances, he is barred from coming to the country for two years, and then may reapply.
But landed immigrants who are guilty of misrepresentation are forever barred from sponsoring their offspring.
Max Berger, a Toronto-based immigration lawyer, believes the regulation casts the net too wide. "It was meant to stop those who abuse the system, but instead it has caught hundreds of innocent people." he says.
Immigration officials issued a removal order against one of Mr. Berger´s clients, Riaz Khan, after he tried to sponsor his wife and child. The 36-year-old chemical engineer was single when he applied to immigrate to Canada in 1997. He married and had a child in Pakistan while waiting for his application to be processed.
He reported his change in status after arriving in Calgary in October, 2001. CIC is trying to deport him for misrepresentation. "It was an honest error. I didn´t know I had to report my wife and child earlier," said Mr. Khan, who is appealing the removal order. "I am settled here. I have nothing back there."
Cec Rotenberg, Mr. Hai´s lawyer, says the old Immigration Act had a similar rule, but applicants could explain at an Immigration appeal division hearing why they failed to disclose family members.
"The regulation is contrary to international conventions on the rights of the child. What has a child done to disentitle him to be with his parent?"
Mr. Hai can at least take comfort in the fact that, so far, he has not been ordered deported. The entrepreneur, who now has three Canadian children, has been back to Vietnam three times with his wife to see Chien, and last week went for another visit.
He sends him money to pay for his schooling, but his son, now 18, is depressed, he says. "I had to tell my son ´Canada won´t let me bring you here.´ He is very upset," said Mr. Hai, who has already spent $10,000 trying to appeal the case.
He hopes the legal challenge succeeds, and that Ottawa is forced to rescind a regulation that is keeping apart hundreds of families.
[29-09-2006,15:28]
[***.121.220.199]
Sharon |
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