BEATING THE SPOUSAL SPONSORSHIP PROCESS!
I get it genuine couples do not want to be separated from their significant other from the second they get married. Thinking about a way to beat the system and hatching your plan is two different things. No one should implement their plan before retaining and accepting immigration advice from an experienced Counsel.
Everyday I get calls from people from all over the world which starts with. “I got your number from ________ you won his case and I have a quick question may I ask”?
Rarely is there ever a QUICK QUESTION!
· It takes little time for me to learn that the scheme to benefit the applicant and the sponsor has already been hatched and it is highly unlikely that this caller will pay us a dime for my advice.
· Man from Iraq and Canadian Women from Iran have hatched this devious plan. Canadian wants potential husband to visit Canada so that they can be together during the spousal sponsorship process.
· When they wed in three days Canadian wife will submit a DIY outland spousal application because she will have all the documents including the marriage certificate.
· WILL IT WORK?
QUESTION My fiancée who has travelled extensively has applied for a Canadian Visitor Visa (CVV) 2 ½ weeks ago. She says we plan to wed in three days does he have to inform IRCC once his marital status changes before the visitor application is approved? Could he be found to misrepresent a material fact if he does not inform IRCC of his change of circumstances
ANSWER Depends on so many factors.
What reason for the visit did he put on the forms?
Did he claim he was going to visit Canada to visit his current Fiancée and stay in Canada during spousal sponsorship processing?
Did he claim he was just going to visit Canada as a tourist?
BEST ANSWER
Future husband should have submitted his Canadian Visitor Visa application months previously. Once obtained get on a plane to Canada and visit family, friends, etc. including his fiancée. Get married in Canada and submit an Inland Spousal Sponsorship application with a TWP application.
BUT………
They want their family and friends to attend their wedding and they have 300+ guests invited to take part just three days from now. If the future husband flies to Canada and walks right through the airport without being questioned, consider him lucky for now. Not voluntaring his change in marital status at the airport (POE) is what?
CBSA Officer asks, “What is your purpose for visiting Canada today”?
· Can he say he has come to visit his wife because she has submitted an outland spousal sponsorship application last month? If he does, he would not be considered a visitor and put right back on the plane to Bagdad.
· Iraqi husband claims he is just coming as a tourist to the CBSA Officer Could he be found later to have misrepresented a material fact and be found inadmissible and banned (excluded) for five years?
Spousal Sponsorship processing whether outland or inland takes more than six months. What reason for visiting Canada originally must he put down on his in Canada visitor extension application?
Can he claim he just wants to visit in Canada with his Canadian wife, not work or study for another (how long) itever takes to process his spousal application?
· Would the IRCC Officer in Edmonton CPC looking at his visitor extension application consider his request to be one of only a temporary period period of time?
· Would the IRCC Officer in Edmonton CPC ask him to submit a procedural fairness letter because she/he thinks they may be inadmissible to Canada based on original answers on his (CVV) or what he said at the (POE) Port of Entry?
· Would no one ask him to explain anything, and will the couple live happily ever after?
I like fairytales but…………
Roy Kellogg
Cvimmigration.com
