Married India Earlier But Never Sponsored Do I Need To Mention

[Sanjeev]

I want to sponsor my wife from India. I was filling out sponsorship application for my wife by myself. I am confused a bit because I had an unsuccessful marriage earlier in India. I and my wife had arguments after the day of marriage and our relationship ended. I returned to Canada after 6 weeks. I never sponsored my wife from first marriage and never visited her. Ultimately, our marriage broke down and we have forgotten each other. After 5 years, I got married now for the second time to my present wife. Do I need to mention the first marriage even if we did not live together as husband and wife and never sponsored her?

[Rajpal (Admin)]

Yes, even if your first marriage was declared ‘null and void’ or ‘annulled’ you have to mention that marriage otherwise it will be considered misrepresentation. Not only your wife’s application will be refused but she may be barred for 5 years to submit any application to Canada. Section 40 of ‘Immigration and Refugee Protection Act’ (IRPA) deals with misrepresentation.

Misrepresentation

• 40 (1) A permanent resident or a foreign national is inadmissible for misrepresentation

  • (a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

  • (b) for being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;

  • (c) on a final determination to vacate a decision to allow their claim for refugee protection or application for protection; or

  • (d) on ceasing to be a citizen under

    • (i) paragraph 10(1)(a) of the Citizenship Act, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, in the circumstances set out in subsection 10(2) of the Citizenship Act, as it read immediately before that coming into force,

    • (ii) subsection 10(1) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act, or

    • (iii) subsection 10.1(3) of the Citizenship Act, in the circumstances set out in section 10.2 of that Act.

• Marginal note:Application

  (2) The following provisions govern subsection (1):

  • (a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and

  • (b) paragraph (1)(b) does not apply unless the Minister is satisfied that the facts of the case justify the inadmissibility.

• Marginal note:Inadmissible

  (3) A foreign national who is inadmissible under this section may not apply for permanent resident status during the period referred to in paragraph (2)(a).