Spousal PR Family Class rejected

[Shahwelcome]

Hi All,

I need your experience and advice on my case. I've sponsored my wife for PR who is not in canada and got rejection last week stating I did not meet the regulation 117(9)(c)(i).
If anyone had similar experiences please share how to get over this.

Thanks

 

[mikeymyke]

One of you didnt officially divorce their ex partner before marrying each other. Did you guys get married before divorcing your exs? If not, then its rightly refused since you cannot marry each other until both parties are single and divorced

 

[pathwaytofreedom]

I don't have any expertise in this area, but came across this thread - https://www.canadavisa.com/canada-immigration-discussion-board/threads/all-spouse-appeal-cases-come-here-and-join-us-plz.87619/page-641#post-6044497

Someone has mentioned about 117 (9) (d). Hoping it would be of help!

 

[Shahwelcome]

One of you didnt officially divorce their ex partner before marrying each other. Did you guys get married before divorcing your exs? If not, then its rightly refused since you cannot marry each other until both parties are single and divorced

Thanks Mike. We are from an Islamic background and in India the divorce from Islamic community is valid and suffice for next marriage. Yes I was married to my second wife before getting court judgement, but this was only needed for obtaining new marriage certificate. I have submitted all relevant documents from Islamic community and court order as well.

 

[Virgo29]

Thanks Mike. We are from an Islamic background and in India the divorce from Islamic community is valid and suffice for next marriage. Yes I was married to my second wife before getting court judgement, but this was only needed for obtaining new marriage certificate. I have submitted all relevant documents from Islamic community and court order as well.

Hi, when did you submit your application? Thanks

 

[Shahwelcome]

Hi, when did you submit your application? Thanks

I submitted on March this year and received this response a week before.

 

[Virgo29]

I submitted on March this year and received this response a week before.

Im sorry to hear this. They are very quick to reject application.

 

[Peaceful]

Did you sponsor your first wife under family class before?

 

[Shahwelcome]

Did you sponsor your first wife under family class before?

Yes, I had sent the application but withdrew before any final decision was made.

 

[scylla]

Thanks Mike. We are from an Islamic background and in India the divorce from Islamic community is valid and suffice for next marriage. Yes I was married to my second wife before getting court judgement, but this was only needed for obtaining new marriage certificate. I have submitted all relevant documents from Islamic community and court order as well.

Looks to me like the issue is the fact that you were married to your second wife before getting the court judgement for the divorce from your first wife. Sounds like IRCC wanted the court judgement to be official before you got married again.

 

[Shahwelcome]

Looks to me like the issue is the fact that you were married to your second wife before getting the court judgement for the divorce from your first wife. Sounds like IRCC wanted the court judgement to be official before you got married again.

Which is correct as per Canadian law, but both my marriages had happened in India and to my knowledge in India Islamic laws overrule national law in few cases. I wonder if anyone in this forum has link with Indian Muslim Immigration lawyers in Canada or who is very familiar with Indian laws and suggest them for moving this further legally.

 

[limonade]

Which is correct as per Canadian law, but both my marriages had happened in India and to my knowledge in India Islamic laws overrule national law in few cases. I wonder if anyone in this forum has link with Indian Muslim Immigration lawyers in Canada or who is very familiar with Indian laws and suggest them for moving this further legally.

Canada does not recognize things that are legal in other countries such as proxy marriages, just because it is legal somewhere else does not mean it will be accepted here.

 

[Shahwelcome]

Canada does not recognize things that are legal in other countries such as proxy marriages, just because it is legal somewhere else does not mean it will be accepted here.

There is nothing hidden or made false statements in my application. I understand it is not legal here, but different countries and religions has different laws across the globe. Being honest will be accepted by Canada and elsewhere. I'm looking for suggestions and help Limonade

 

[scylla]

What exactly did your refusal letter say? It's possible you may have to get remarried in order for your marriage to be recognized by Canada. Have you by any chance lived with your new wife continuously for at least one full year?

 

[Shahwelcome]

What exactly did your refusal letter say? It's possible you may have to get remarried in order for your marriage to be recognized by Canada. Have you by any chance lived with your new wife continuously for at least one full year?

It was mentioned I'm not eligible to sponsor as I was married to a different partner during my second marriage which is not meeting the regulation 117(9)(c)(i).