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Law Querier (Service)     12 May 2012

Misrepresentation of marital status in pr application

Marriage sustained and registered in India. Husband and wife both is Indian citizen. Husband is living in India and wife has been living in Canada since 8 years. Wife came to India to marry and went back and planned to sponsor her spouse after she gets PR visa of Canada. Before the marriage, wife’s PR was confirmed. But, there were dispute between Husband and wife on telephone and wife decided to get divorce and filed a divorce petition through made POA to her relative in Family court of India. Now, according to immigration law of Canada, after marriage, a person has to change her marital status from single to Married in his/her PR application of Canada. Now, there is a doubt that wife has misrepresented or not disclosed to visa office of Canada about her marital status in PR application. I.e. she has showed single status instead of married status in her PR application although divorce case is pending in India and she has got PR visa of Canada. The question is if wife is misrepresented about her marital status in PR application of Canada then it is a crime according to Indian legal system? What should husband do legally in this case? Please suggest a good immigration lawyer in Gujarat or other state of India.


 6 Replies

**Victim** (job)     13 May 2012

Chirag it's hard and almost next to impossible ask yourself whether or not you have a case here ? It is not necessary to disclose during PR or Citizenship whether or not person is married or unmarried. If your wife was getting PR based on employment then it's upto her whether or not she wants to disclose this information. Also right now she might be paying taxes as single without any dependents therefore she is not bound to claim that she is married until her husband reaches canada. Also as per canadian law spouse who files petition has powers to control visa petition until 2 years and if she feels that her marriage is not going well then she can call off the petition within that period........you don't have a case in india but you have a case in canada because she has falsified her marital status but for that you need to find out whether or not if she is filing taxes individually or jointly ? I am sure she can't file joint taxes until spouse lives with her........i hope u understood wht i m trying to explain !!!!

Law Querier (Service)     13 May 2012

Dear victim,

Thank you for reply,

As per my knowledge, if wife has married, her new spouse must be added to her PR application. Without addition of his husband name, she cannot submit her passport for PR confirmation. If she is lying about her marital status in PR application then it states offence of “Misrepresentation” according to Section 40 (1) of the Immigration and Refugee Protection Act of Canada (“IRPA”).I have read this on Canada government immigration websites like canadavisa.com and immigration.ca.

Now, you had mentioned in your reply that as per Canadian law spouse who files petition has powers to control visa petition until 2 years and if she feels that her marriage is not going well then she can call off the petition within that period. This is not understood by me. Please mention this fact in simple manner.

**Victim** (job)     14 May 2012

@ Chirag,

Pls refer this link.........sponsoring spouse can cancel sponsorship anytime.



Law Querier (Service)     14 May 2012


I am understood that sponsoring spouse can cancel sponsorship anytime.

but, my query is, I doubt that my wife can not add my name in her PR application.and it is offence according to IRPA.

**Victim** (job)     14 May 2012

@ Chirag,

I encourage you to file a case against her but my personal advise is you should let her go coz you will end up waisting your lots of money and might not get anything out of it.

Dheeraj Soodhan (E3)     14 May 2012

Pls refer sec 197,198,199 and 200 IPC

sec 197 - Knowigly issuing or signing a false certificate relating to any fact of which such certificate is by law admissible in evidence.

Sec 198- Using as a true certificate one known to be false in a material point

Sec 199-False statement made in any declaration which is by law receivable as evidence

Sec 200-Using as true any such declaration known to be false.

You can proceed with above mentioned Section in India also as issue is relating to your marriage which happened in India.....Also add Section 406 IPS ie Criminial breach of trust .

Give copy of suit to canadian embassy for summoning her ....

You have good Chances brother....

Dheeraj Soodhan Advocate



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