Sponsoring Second Wife after a Divorce

[Toronto Star]

Dear Forum Members,

I have a somewhat tricky case of sponsoring a spouse that i would want your feedback on.

I would start off with the background information, so as to help you people better comprehend the whole issue.

- I am a Canadian PR holder and did my landing back in the summer of 2015.

- I did my landing with my wife and my daughter after we gained immigration through the Federal Skilled Workers program.

- For the record, my wife was the principal/primary applicant for our 'Federal Skilled Worker' immigration application and i was the spouse.

- We stayed in Toronto for just a couple of months and came back to Pakistan; and are living here ever since.

- Now after coming back to Pakistan following the completion of our landing formality , we started having marital issues.

- This eventually led to us separating a couple of years back, under the assumption that if we don't find anyone else to marry the situation would stay the same and we probably would not seek divorce (divorce is a major stigma in our part of the world and our families wanted us to avoid it if we could)

- Now i am finally ready to move to Canada in a couple of months to fulfill my PR obligations to eventually become a Canadian citizen.

- Here is the major issue now, I have met someone who i would now like to get married to and off course would like to settle down with in Canada

So here are my question .


Q1. How should i go about divorcing my wife so as to comply with Canadian laws of monogamy in order to sponsor my second wife ?

Q2 Should i then marry my second wife here in Pakistan and then come to Canada and then apply to sponsor her ?

Q3. What is the quickest way for my second wife to come to Canada? The things required for this to happen?

Q4. Can my first wife also come to Canada as someone who is now single since she is a also a PR; any problems there ?

Long story short i just simply want to know the best way to go about my situation in order to have my second wife there in Canada as soon as possible, without any potential legal ramification that prevents me from doing so.

also keep in mind that once i am in Canada, i would not be able to go back to Pakistan to marry my second wife , because of PR obligations of spending 2 years in a 5 year period to continue my PR. So i would have to marry her before i come to Canada.

I hope i was able to communicate the issue here clearly. Would be really grateful if respected forum members can give their feedback on the issue.

Thanking in advance.

 

[PMM]

Hi

Dear Forum Members,

I have a somewhat tricky case of sponsoring a spouse that i would want your feedback on.

I would start off with the background information, so as to help you people better comprehend the whole issue.

- I am a Canadian PR holder and did my landing back in the summer of 2015.

- I did my landing with my wife and my daughter after we gained immigration through the Federal Skilled Workers program.

- For the record, my wife was the principal/primary applicant for our 'Federal Skilled Worker' immigration application and i was the spouse.

- We stayed in Toronto for just a couple of months and came back to Pakistan; and are living here ever since.

- Now after coming back to Pakistan following the completion of our landing formality , we started having marital issues.

- This eventually led to us separating a couple of years back, under the assumption that if we don't find anyone else to marry the situation would stay the same and we probably would not seek divorce (divorce is a major stigma in our part of the world and our families wanted us to avoid it if we could)

- Now i am finally ready to move to Canada in a couple of months to fulfill my PR obligations to eventually become a Canadian citizen.

- Here is the major issue now, I have met someone who i would now like to get married to and off course would like to settle down with in Canada

So here are my question .


Q1. How should i go about divorcing my wife so as to comply with Canadian laws of monogamy in order to sponsor my second wife ?

Q2 Should i then marry my second wife here in Pakistan and then come to Canada and then apply to sponsor her ?

Q3. What is the quickest way for my second wife to come to Canada? The things required for this to happen?

Q4. Can my first wife also come to Canada as someone who is now single since she is a also a PR; any problems there ?

Long story short i just simply want to know the best way to go about my situation in order to have my second wife there in Canada as soon as possible, without any potential legal ramification that prevents me from doing so.

also keep in mind that once i am in Canada, i would not be able to go back to Pakistan to marry my second wife , because of PR obligations of spending 2 years in a 5 year period to continue my PR. So i would have to marry her before i come to Canada.

I hope i was able to communicate the issue here clearly. Would be really grateful if respected forum members can give their feedback on the issue.

Thanking in advance.

1. You need a divorce first before you can marry anyone else. It would have to be in Pakistan as you have to be in Canada for 1 year.
2. You could marry after your divorce, but to sponsor, you would have to return to Canada. Note you are going to have to be quick, since you have been outside Canada for nearly 3 years. and you need to reside in Canada for 2 year in every 5 year period.
3. There is no "quick way"
4. She is not "single" as she is still married to you, as long as she is meeting her Residence Obligations, she can return to Canada.

 

[Miraclejj]

Hi



1. You need a divorce first before you can marry anyone else. It would have to be in Pakistan as you have to be in Canada for 1 year.
2. You could marry after your divorce, but to sponsor, you would have to return to Canada. Note you are going to have to be quick, since you have been outside Canada for nearly 3 years. and you need to reside in Canada for 2 year in every 5 year period.
3. There is no "quick way"
4. She is not "single" as she is still married to you, as long as she is meeting her Residence Obligations, she can return to Canada.

I am not sure about that the OP can sponsor his second wife now. He said he was a dependent of his wife's Federal Skilled PR application, does it count the OP as being sponsored, and then he cannot sponsor anyone for 5 years, counting from the year of his landing, which was 2015?

 

[PMM]

Hi

I am not sure about that the OP can sponsor his second wife now. He said he was a dependent of his wife's Federal Skilled PR application, does it count the OP as being sponsored, and then he cannot sponsor anyone for 5 years, counting from the year of his landing, which was 2015?

1. No, it he was not sponsored, he was a dependent of a Skilled Worker application. The 3 and 5 years are for those that are either sponsored as a spouse 5 years and those who sponsored a spouse 3 years.

 

[canuck_in_uk]

I am not sure about that the OP can sponsor his second wife now. He said he was a dependent of his wife's Federal Skilled PR application, does it count the OP as being sponsored, and then he cannot sponsor anyone for 5 years, counting from the year of his landing, which was 2015?

Being a dependent in an economic app is not sponsorship.

 

[Toronto Star]

thanks a bunch PMM and Canuck In UK.

So what i gather from your comments is ...

- for sure I am someone who was not sponsored; and was simply a dependent of a principal applicant and the three/five years rule does not apply on me.

- That i need to divorce my first wife here in Pakistan

- i can then immediately marry my second wife here in Pakistan

- i would need to then move to Canada and then start the whole spouse-sponsor process

Now couple of things that i still need to clear


Q1 Would my spouse-sponsor process be then similar to the process of any other single PR holder applying for his spouse's immigration ?

Q2 I am assuming that i would need an official divorce document for the first marriage and also the marriage certificate for the second marriage from Pakistan; but any other documents that i would be needing for my second wife's immigration, since mine is not a straightforward case ?

Q3 How long will it take for my second wife to come to Canada , considering my case ?

Q4 I wouldn't mind if i get to know the whole process of sponsoring my second wife here with a tentative timeline ( types of documents, hiring a lawyer etc.) ; if somebody could just jot it down here or any links to an existing thread would be highly appreciated ?

Q4 And yes my first wife is still married to me; but can she still be in Canada after i divorce her ? (i am assuming she can)

Respected forum members, I would really appreciate feedback on the aforementioned queries.

Thanking in advance ; and PMM/Canuck In UK, i would like to thank you once again, you have been a great help

Cheers

 

[canuck_in_uk]

thanks a bunch PMM and Canuck In UK.

So what i gather from your comments is ...

- for sure I am someone who was not sponsored; and was simply a dependent of a principal applicant and the three/five years rule does not apply on me.

- That i need to divorce my first wife here in Pakistan

- i can then immediately marry my second wife here in Pakistan

- i would need to then move to Canada and then start the whole spouse-sponsor process

Now couple of things that i still need to clear


Q1 Would my spouse-sponsor process be then similar to the process of any other single PR holder applying for his spouse's immigration ?

Q2 I am assuming that i would need an official divorce document for the first marriage and also the marriage certificate for the second marriage from Pakistan; but any other documents that i would be needing for my second wife's immigration, since mine is not a straightforward case ?

Q3 How long will it take for my second wife to come to Canada , considering my case ?

Q4 I wouldn't mind if i get to know the whole process of sponsoring my second wife here with a tentative timeline ( types of documents, hiring a lawyer etc.) ; if somebody could just jot it down here or any links to an existing thread would be highly appreciated ?

Q4 And yes my first wife is still married to me; but can she still be in Canada after i divorce her ? (i am assuming she can)

Respected forum members, I would really appreciate feedback on the aforementioned queries.

Thanking in advance ; and PMM/Canuck In UK, i would like to thank you once again, you have been a great help

Cheers

1. You will likely face more scrutiny given that you immigrated as a dependent of your current spouse and then separated very soon after.

2. I suggest you post on a Pakistani thread or the London thread.

3. Expect at least a year.

4. Going through the application package is the best way to get familiar with the process.

5. I really don't understand why you would even ask if your first wife could be in Canada after getting divorced, especially given that she was the PA in the original application.

 

[Toronto Star]

Thanks a lot canuck_in_uk i would definitely now try to find out a Pakistan specific thread and post these queries in there.

I believe going through the pinned Spousal Sponsorship thread would help me in getting familiar with the application package ?

cheers

 

[canuck_in_uk]

Thanks a lot canuck_in_uk i would definitely now try to find out a Pakistan specific thread and post these queries in there.

I believe going through the pinned Spousal Sponsorship thread would help me in getting familiar with the application package ?

cheers

The application has changed quite a bit since that info was posted.

 

[Toronto Star]

Thanks again canuck_in_uk.

I am so sorry i keep on bugging you, but can you kindly post a link where i would find fresh info on the process

Cheers

 

[canuck_in_uk]

Thanks again canuck_in_uk.

I am so sorry i keep on bugging you, but can you kindly post a link where i would find fresh info on the process

Cheers

You'e not bugging me. As I said, the application package is the first place to start. The guide and checklist are pretty thorough. If there is something you are unsure of, ask on the forum.

 

[DRP2018]

Hello Everyone,

I am really confused and need some advice from anyone who has been in a similar situation or heard of this:

Past Marriage

1) Got Married to my ex-wife (Sponsored Person) in 2013

2) After marriage did an Outland Application from Canada in early 2014

3) Went to India in early 2015 to bring her with me to Canada

4) Stayed together for a year and couple of months

5) Filed for divorce in mid-2016 as things didn’t seem to work-out and got my divorce after 1 year of separation in mid-2017.

During that time she tried everything to save her Conditional PR time including making false allegations against me in court documents including police for domestic violence to get exempt. No charges were made against me as I submitted all proofs to court and police that she was lying. However, I came to know that she submitted all the court documents (only her allegations not my reply to the allegations) and her side of police report (not mine) to CIC with affidavits from friends. I didn’t bother to submit the proofs I still have as I was more interested to move on. Since I did not submit the proofs (which I now think I should have done at that time) to CIC, she got an exemption from the condition.

As per CIC website, the sponsored person is my responsibility for three years. The three years have now passed and she was not on any welfare as she had a decent job. All the settlements have been made including neither of us will file any complains or reliefs in any jurisdiction in the settlement agreement.

Present

Now the situation is I really like this girl from India and want to know if there will be complications to sponsor her (considering the above situation of my past marriage and false allegations made my ex-wife/ex-sponsored person). Will it be worth it to try with help from immigration lawyer and explain the situation to them? I really hope no one goes through this, but if someone did or heard about this scenario, I would really need to get the members inputs.

This is what I was considering

Tourist – Multiple Entry (Inland Application) that she applies comes to Canada. We stay together and submit the sponsorship application after 3-4 months before her visa expires of 6 months. I heard that while the sponsorship application is in-process, the visa is extended until the decision is made by CIC.

Note: She does not have any relatives in Canada who can write an Invitation Letter. Will she be able to get tourist/visitor visa without any Invitation Letter?

Outland Application – I go to India, get married to her and file her sponsorship papers from here (in Canada). Also, we will try to get tourist visa prior to marriage so atleast we can come together to Canada and stays with me until the visa is expired. This will shorten the time we are not together if we did a normal outland application.

How long will it take to come to Canada if I did Outland application?

Any help will be highly appreciated as we are quite involved with each other.

Please PM me if required.

Thank you,

PD