Canadian Immigration Help & Counsel

Misrepresentation

Q.     I am currently in Canada on a visitor visa. I am married and I made an application for permanent residence from within Canada, supported by a spousal sponsorship. We lived together for many months, but my in-laws live with us and there have been some frictions and our marriage is a little bit in turmoil.  We do not know what the future will held, but I moved out and do not live with my husband and in-laws anymore. As my visitor visa expires soon, it is time to extend my visitor visa from within Canada, while awaiting my in-Canada spousal sponsorship to be approved. Can I apply based on the fact that we are still married or does CIC consider this being a misrepresentation?

A.     This is a very good question with many nuances. You intend to ask for an extension, based on the fact that you are married to your Canadian spouse and the assumption both factually and legally is that you live together.  If you do not live together, then you do not meet one of the mandatory legal requirements for an extension of your visitor visa or for  your application for permanent residence.  This would likely be deemed a misrepresentation if you move forward. Good luck!