Suspected mirepresentation...? - Help

Canada Immigration Forum (discussion group)


 
       
Subject: Suspected mirepresentation...? - Help
  Hello everybody,

I am familiar with the spouse sponsor process now and have some concerns...

I applied as single, while my boyfriend and I where living together for more than a couple of years (I guess that makes him my common-law partner). The reason I did not add him on my application is because, we never though that we will marry and at the time I applied he wasn?t interested on going to Canada.

Things changed. And now we would like to do so. We are thinking of getting married AFTER I land and have him enter Canada on a TRV, and apply for his PR from there.

My concern is how can I avoid misrepresentation? I could say that our relationship is shorter than a year...but we have been sharing the same address for years...I also have good proves of bonding like shared bank accounts, car insurance policy, car title, pics, passport stamps and so...but how can I turn all these good proves on my favor, instead of against me?

Also how long after landing can I marry?

...There should be a way besides reapplying, I can´t really afford going through the whole thing again.

Appreciate some help

[27-03-2008,19:10]
[**.195.204.54]
AlmosThere
(in reply to: Suspected mirepresentation...? - Help)
Hi,
If your interview is still awaited, get married without any delay and add up your husband in your application.

Good Luck,

Webmaster,
http://thinkingofcanada.com
http://study.thinkingofcanada.com

[27-03-2008,22:04]
[***.112.76.37]
nomlah
(in reply to: Suspected mirepresentation...? - Help)
I already have the visa stamped on my passport.

That is why I am trying to find another way than reapplying, it is too late for adding him on my application.

:(

[27-03-2008,22:09]
[**.195.204.54]
AlmostThere
(in reply to: Suspected mirepresentation...? - Help)
as common law, yes.

I don´t see any options but for you to sponsor him. If he can get into Canada as a visitor, you start the common law clock ticking or you get married and you begin the sponsorship process. It is much faster if you are able to sponsor him while he is back home.

Whatever you do, DO NOT MARRY HIM BEFORE YOU LAND and not tell anyone. that is flat out misrepresentation of status and you will never be allowed to sponsor him.

[28-03-2008,00:51]
[**.155.160.37]
Sharon
(in reply to: Suspected mirepresentation...? - Help)
Thanks Sharon!

Yes! I want to sponsor him, and have him enter Canada as a visitor, and marry after landing. We rather stay together.

My concern is how to proof bona fide without getting myself on misrepresentation? (And screw it for the both of us).

We could easily declare we were just boyfriend/girlfriend, but I am afraid they may find out after asking him for his address in the past years.

Ooh...he could came back to the US on a working visa (and stay only until Dec 01 2008, then he need to leave)...is it better if I land, then marry, have him go back to the US and apply?...or that will me things more complicated, or really doesn´t make a difference?

...what to do??

[28-03-2008,01:53]
[**.195.204.54]
AlmostThere
(in reply to: Suspected mirepresentation...? - Help)
From what you have written, you were in common-law relationship during your immigration process. Few people who were living together for more than 1 year and did not declare this during the immigration application had there spousal sponsorship rejected. However,this has been overturned in quite a few cases (immigration.ca forum) as common-law relationship is more than just living together but it seems that you guys were sharing your affairs.

So, you can do three things: either not declare that you were living together or if you do declare then do not declare that you were having bank accounts, shared lease, and other joint affairs. Lastly, he can come on his own as skilled worker.

The first misrepresentation is easiest to prove but still difficult. As although he was getting all his mails at the address but he can decide not to submit any document which shows the address.

The second case will be difficult to prove as bank account information, credit card statements, etc. are all confidential details and are not shared with anyone unless under a court order.

The third option is the safest as he can show money in his personal account and it will be almost impossible to prove that you two were in common-law relationship as he won´t be mentioning you at all in the application.

[28-03-2008,02:42]
[***.69.2.5]
Samm
(in reply to: Suspected mirepresentation...? - Help)
Samm

Thanks a lot for the good tips!

We cannot wait for him to apply as a skilled worker and his career is not on demand. We would like to stay together, that is way we are thinking of me sponsoring him.

A copuple of more questions:
How long after landing should we wait before getting married?

Does it make any difference sponsor while while he is in the US?

..sorry for so many questions. We now that we need to do the right moves.

[28-03-2008,04:29]
[***.46.81.234]
AlmostThere
(in reply to: Suspected mirepresentation...? - Help)
You can marry anytime after landing. There is no time frame after which you can get married.

If you sponsor him while he is in US then your process will be faster and you can also appeal the decision, if, its not in your favor.

[28-03-2008,05:19]
[***.69.2.5]
Samm
(in reply to: Suspected mirepresentation...? - Help)
:D

Yeah applying from the US could be another option, but as he is not a US citizen he cannot stay longer than Dec 01 2008, so if the process takes longer than that...will the office in the US would be able to transfer his file to his home country? (Argentina)...That could probably add more processing time :(

Any ideas on the processing time from the US?


[28-03-2008,05:46]
[***.46.81.234]
AlmostThere
(in reply to: Suspected mirepresentation...? - Help)
Check the link given below for current processing times. He can get his file processed either in US or his home country.

File transfer in spousal sponsorship I am not sure. You should worry about file transfer only if an interview is required and in that case he will need visa for US, if his file is being processed in US or he will have to go to Argentina if his file is being processed in Argentina.

http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp

[28-03-2008,06:12]
[***.69.2.5]
Samm
(in reply to: Suspected mirepresentation...? - Help)
Thanks A LOT for all the advise!!

:)

[28-03-2008,06:49]
[***.46.81.234]
AlmostThere