Immigration Issues/Consumation of Marriage
I wonder without your help whether this application would have been possible. Here I am with yet another inquiry.
In our culture there is one tradition of RUKHSATI,( you must be aware of this if you have Indian and Pakistani clients) which means after marriage is solemnized bride goes to husband's home and consummation of marriage takes place. In some instances this is postponed to later date. (though marriage contract is signed, reception and celebration done but a Rukhsati ceremony is delayed) In our case we are planning this after I reach Canada. Would this weaken the case? while considering that marriage and reception took place at an elite premise in the presence of hundreds of guests. There are photos, witnesses of marriage, marriage certificate registered with registrar under the law of land. and during the waiting period my wife and I intend to meet here in Pakistan and I may try to obtain TRV to see her in Canada or USA.
Thanks in advance.
Thank you for your question. Yes, I am aware of the tradition. And yes, I do believe this weakens your application. Please see the decision of the Immigration Appeal Division which is directly on point regarding your case: http://www.canlii.org/eliisa/highlight.do?text=marriage+AND+refused+AND+immigrat
As there is a very long wait period for spousal applications to be processed through Islamabad, up to 24 months, it may seem reasonable to a visa officer that this ceremony could be held before your immigration application is complete. Unless there is a very strong reason why this ceremoney cannot be held in Pakistan within that 24 month period and you advise the visa office as to this, my opinion is that it may cause you some difficulties.
This is just my opinion but it is supported by case-law. I am not your representative and don't know all the details of your case but I believe this works against you. Here is another recent decision also on point. http://www.canlii.org/eliisa/highlight.do?text=marriage+AND+refused+AND+immigrat
You should read through these and more decisions of a similar nature.
Regulated Canadian Immigration Consultant
ICCRC Member No. R412519