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Family Class Sponsorships

Husband’s Sponsorship

Q. Me and my mum came to Canada in 2004, having been sponsored by my dad. Before coming to Canada and after we received the visa, I got married. When receiving the immigration visa, Immigration asked to be informed whether my marital status changes, but I did not inform them and proceeded to Canada. After I came to Canada, I applied to sponsor my husband, but the application was refused. I received a letter informing me that this is a misrepresentation because I did not let Immigration know about my marriage before I came to Canada. They told me I might be deported from Canada. I will go to the court. What do you think about this situation? Can I be deported after the court? What is my chance to have the right to remain in Canada? Can you please inform me about this type of case and also, should I get a lawyer for my case? Thank you in advance.

A. Your case is not unique. People mistakenly believe that once they receive their permanent resident visa but before landing in Canada, any change in their status is not relevant. They then later sponsor their spouse and face not only possible deportation but that their spouse can NEVER be sponsored. I have handled many of these cases and the law is quite unforgiving. When a spouse is not declared, the person receives approval to immigrate without having his/her spouse pass medical or background checks. This is contrary to the law. So it is a very serious case of misrepresentation and yes, you may face removal from Canada. Only very strong humanitarian factors can potentially overcome your deportation. A lawyer is clearly required and you have your work cut out for you. Good luck!

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