Sponsoring (new) wife, after recently sponsoring common-law spouse

[MattFS218]

What are the rules regarding sponsoring a new wife/spouse, after having already sponsored a common-law spouse?

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

says that

You may not be eligible to sponsor your spouse, partner if you:

• were sponsored by a spouse or partner and you became a permanent resident less than 5 years ago
• are still financially responsible for a previous spouse or partner that you sponsored. This means you’re still bound by the 3 year undertaking to take care of this person.

*may not be eligible* is confusing. Does that mean CIC would refuse the application to sponsor a new spouse? Or does it mean additional requirements must be met (for example additional financial requirements? or extensive proof of relationship?)

TIA.

 

[armoured]

It means it will almost certainly be refused.

 

[nedvert]

Seems quite clear.

Are you or are you not 5 years+ into being a PR from a spouse or partner.
Still within the 3 year sponsorship period from sponsoring someone else.

The "may not be eligible" part means pretty much what it always means with IRCC as in they will look at all scenarios on a case by case basis and make a decision based on a lot of things.

So you could technically give a shot, but don't be surprised if you "get shot down in a blaze of glory" for the mentioned reasons

 

[MattFS218]

Is this 3-year period between sponsoring a new spouse CIC "guidance" or backed by case law (or written into law)? I am asking how successful a lawyer might be at challenging the a refusal based on this 3-year time limit. In the meantime, how likely or unlikely would it be for CIC to issue a visitor visa for the purpose of family unification.

Thanks for the serious answers.

 

[DimT44]

What are the rules regarding sponsoring a new wife/spouse, after having already sponsored a common-law spouse?

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

says that

You may not be eligible to sponsor your spouse, partner if you:

• were sponsored by a spouse or partner and you became a permanent resident less than 5 years ago
• are still financially responsible for a previous spouse or partner that you sponsored. This means you’re still bound by the 3 year undertaking to take care of this person.

*may not be eligible* is confusing. Does that mean CIC would refuse the application to sponsor a new spouse? Or does it mean additional requirements must be met (for example additional financial requirements? or extensive proof of relationship?)

TIA.

You won't be able to sponsor unless 3 years have passed since your previous wife was sponsored

 

[armoured]

Is this 3-year period between sponsoring a new spouse CIC "guidance" or backed by case law (or written into law)? I am asking how successful a lawyer might be at challenging the a refusal based on this 3-year time limit. In the meantime, how likely or unlikely would it be for CIC to issue a visitor visa for the purpose of family unification.

Thanks for the serious answers.

You can look up the law and read it.

 

[canuck78]

What are the rules regarding sponsoring a new wife/spouse, after having already sponsored a common-law spouse?

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

says that

You may not be eligible to sponsor your spouse, partner if you:

• were sponsored by a spouse or partner and you became a permanent resident less than 5 years ago
• are still financially responsible for a previous spouse or partner that you sponsored. This means you’re still bound by the 3 year undertaking to take care of this person.

*may not be eligible* is confusing. Does that mean CIC would refuse the application to sponsor a new spouse? Or does it mean additional requirements must be met (for example additional financial requirements? or extensive proof of relationship?)

TIA.

The rules are in place to try to prevent immigration fraud. You can only sponsor a new spouse 3 years after the 1st one landed.

 

[scylla]

Is this 3-year period between sponsoring a new spouse CIC "guidance" or backed by case law (or written into law)? I am asking how successful a lawyer might be at challenging the a refusal based on this 3-year time limit. In the meantime, how likely or unlikely would it be for CIC to issue a visitor visa for the purpose of family unification.

Thanks for the serious answers.

It's a law, not guidance. Lawyer won't be of any help in challenging the decision. There's no point in submitting the application until a full 3 years have passed from the time your first partner landed and became a PR. Refusal is guaranteed.

The chances of a TRV being approved will depend on your new partner's profile. Factors like ties to the home country (e.g. employment, property ownership, etc.) and also travel history.

 

[canuck78]

Looks like you only sponsored you common law in 2020 and may have only been approved in 2021. When did your common law land?

 

[YVR123]

Well, so when the common law partner landed, you and your partner are still in a common law relationship.
Did that relationship break after she landed?
When was the offical seperation? (she moved out)
And when did you get married with the new wife?

You cannot sponsor a new partner (wife or common law) within 3 years when the previously sponsored partner landed (land with COPR or eCOPR).
Depending on the answers above, you may have a more complicated case even if you apply to sponsor after the 3 years is over.

 

[MattFS218]

thank you @canuck78 @YVR123 and @scylla the information you share is much appreciated. The nuances that @YVR123 alludes to are exactly why I am seeking guidance from this forum, in an attempt to avoid and plan for potential issues in the future.

Without disclosing too much personal information in a public forum, the most recent spouse (I sponsored) landed within the past 12 months, so spouse #2 is looking at a minimum 2-year wait. My views of "marriage" are likely more liberal than written in Canadian law. I don't know how to "officially" end a common-law marriage (with spouse #1), and I do not have a religious reason to marry spouse #2. The reason I seek immigration guidance is that spouse #2 is having difficulty renewing her TRV, and I am considering sponsorship as a last-ditch measure. Spouse #2 is well-traveled, has been issued 2 multiple entries Canada TRVs and also has a 10-year USNIV, however, she was recently refused a 3rd Canada TRV. Up until now, she has not explicitly stated our relationship in her applications, and I am contemplating how much information I should share regarding our relationship to CIC in support of another TRV attempt. I want to make sure I am not doing anything to jeopardize my own application for citizenship (via misrepresentation) coming up soon.

Is https://www.macleans.ca/politics/how-to-get-into-canada-if-youre-a-polygamist/ still relevant on the subject? To be clear I don't consider myself a polygamist, but I do have 2 people I care deeply about. Because of my somewhat complex situation, I want to be extra careful that CIC doesn't incorrectly interpret what is submitted as misrepresentation, while still increasing the chances we can be together.

TIA.

 

[scylla]

thank you @canuck78 @YVR123 and @scylla the information you share is much appreciated. The nuances that @YVR123 alludes to are exactly why I am seeking guidance from this forum, in an attempt to avoid and plan for potential issues in the future.

Without disclosing too much personal information in a public forum, the most recent spouse (I sponsored) landed within the past 12 months, so spouse #2 is looking at a minimum 2-year wait. My views of "marriage" are likely more liberal than written in Canadian law. I don't know how to "officially" end a common-law marriage (with spouse #1), and I do not have a religious reason to marry spouse #2. The reason I seek immigration guidance is that spouse #2 is having difficulty renewing her TRV, and I am considering sponsorship as a last-ditch measure. Spouse #2 is well-traveled, has been issued 2 multiple entries Canada TRVs and also has a 10-year USNIV, however, she was recently refused a 3rd Canada TRV. Up until now, she has not explicitly stated our relationship in her applications, and I am contemplating how much information I should share regarding our relationship to CIC in support of another TRV attempt. I want to make sure I am not doing anything to jeopardize my own application for citizenship (via misrepresentation) coming up soon.

Is https://www.macleans.ca/politics/how-to-get-into-canada-if-youre-a-polygamist/ still relevant on the subject? To be clear I don't consider myself a polygamist, but I do have 2 people I care deeply about. Because of my somewhat complex situation, I want to be extra careful that CIC doesn't incorrectly interpret what is submitted as misrepresentation, while still increasing the chances we can be together.

TIA.

Canadian immigration rules do not recognize polygamy / poly / multiple partners.

To sponsor a second partner, you will need to not only wait the 3 years since the first partner landed and became a PR, but also show that you are no longer in a relationship with your first partner / spouse. You cannot still be in a relationship with your first partner and then also sponsor your second partner.

For the scenario you are talking about, the only option that's realistically and legally available is for your second partner to qualify for PR independently (e.g. through an economic immigration stream like Express Entry or PNP). If you try to go through spousal sponsorship and the reality is that you have a poly or similar relationship where your relationship with your first partner is ongoing, this is misrepresentation and can land you in a load of trouble (including a 5 year ban from Canada for your second partner).

 

[scylla]

Without disclosing too much personal information in a public forum, the most recent spouse (I sponsored) landed within the past 12 months, so spouse #2 is looking at a minimum 2-year wait. My views of "marriage" are likely more liberal than written in Canadian law. I don't know how to "officially" end a common-law marriage (with spouse #1), and I do not have a religious reason to marry spouse #2. The reason I seek immigration guidance is that spouse #2 is having difficulty renewing her TRV, and I am considering sponsorship as a last-ditch measure. Spouse #2 is well-traveled, has been issued 2 multiple entries Canada TRVs and also has a 10-year USNIV, however, she was recently refused a 3rd Canada TRV. Up until now, she has not explicitly stated our relationship in her applications, and I am contemplating how much information I should share regarding our relationship to CIC in support of another TRV attempt. I want to make sure I am not doing anything to jeopardize my own application for citizenship (via misrepresentation) coming up soon.

To address a couple of the specific questions above:
- Generally speaking, a TRV application is weakened and not strengthened by showing a relationship tie to a Canadian. Showing a relationship tie to a Canadian increases the chances IRCC may have concerns that person plans to remain in Canada long term. The way to solve the TRV refusal is through showing stronger ties to the applicant's home country, not through showing a relationship with you. Suggest you order GCMS notes to see the detailed reasons behind the refusal and the officer's concerns.
- For immigration purposes, probably the main way you show that a common law marriage has officially ended is through submitting the a statuatory declaration of severance of common law as part of an application. This is a legal declaration from Canada's perspective. So you sure as heck don't want to be signing and submitting one if that statement isn't true and you have an ongoing relationship with the first partner.

 

[MattFS218]

Thank you @scylla for the response. I will post another topic in the TRV subsection later tonight, and add a link to that topic here.

I understand most connections to Canadians are a negative factor with respect to TRVs, but the officer in the GCMS notes had doubts about the purpose of her travel (and prior travel). I also do not intend to stay in Canada, beyond the time period necessary to apply for citizenship, so it's plausible to explain that visiting Canada is temporary in nature (to be with me, while I am temporarily in Canada to apply for citizenship), and not permanent, making a TRV the legally correct application. However, I am unsure if an officer would have the attention/understanding to follow my logic, given time constraints in reviewing applications.

Perhaps I should post this question in the citizenship sub-form, but I am under the impression only the physical presence requirements as a Permanent Resident is the factor in applying for Canadian citizenship--right? For example, there isn't a declaration/oath I must sign saying I plan to live in Canada indefinitely.

We have her GCMS notes, and there isn't any stated reference to me (because I was not explicitly mentioned in the application). She referred to seeing "friends" in Canada. I'm worried to use certain acronyms like "boyfriend" or spouse or "very close friend" due to the above-mentioned implications regarding multiple spouses. Do you have any recommendations how I should be referenced, or if I should be referenced at all in any future TRV attempts?

Getting a statutory declaration of severance of common law isn't any more of a problem (for me) than getting a Statutory Declaration of Common-Law Union. The more serious question is to what length would CIC go into investigating separation from a prior relationship. I assume most officers look to verify the relationship between sponsor and spouse as genuine rather than examining if old relationships still exist (and if so to what extent).

I'm obviously not a lawyer, but when defining a polygamist, most legal definitions say there are multiple partners living in one household. I don't want to stain the polygamist brand, but that's not the situation with my relationships, so I'm good, right?

 

[canuck78]

Would add that the information declared on the TRV will be cross-referenced to any sponsorship application.