Family case

[Murat]

Hi.
I am officially married with someone who is in Sweden. We are not together for years. I'm in my country with my wife(girlfriend ) and got 2 kids already.
Offacially married with another lady but together with other one with kids...
Can i bring them to Canada as my family after I got PR?

Thanks in advance

 

[vensak]

No you cannot. Canada does not allow bigamy. So you will have to divorce with your wife first and then you can marry whoever you live with now.
And mind, you cannot count any time spent with the second woman as a common law relationship, before you get divorced.
As for the children it would be possible if you are father of the children and you get permission from their mother or if you have custody with the mother and get permission or if you have sole custody.

 

[canuck78]

Did you ever have status in Sweden? When were your 2 marriages?

 

[Murat]

Hı again. You misunderstood me. I doNT have 2 wife. The official "wife" I can not reach her to get divorce. I have nothing with her . I can't divorce from her so I can't get marry officaly with my gf (kids mom).

 

[Murat]

There is a way to get divorce but it takes time. After I get divorce from Swedish and then before marriage also can i brig her to Canada or I must be married officially?

 

[canuck78]

Did you ever live in Sweden? If so what was your status? As already explained you need to divorce the first wife before attempting to sponsor girlfriend and kids. Do you have a trv to enter Canada to file for asylum? Does your family?

 

[Murat]

I never lived in Sweden. But officially married there also. I didn't enter yet Canada to file for Asylum. Do you have any advice? I can get divorce while I am waiting my PR in case my claim accepted. What do you think ? Thanks

 

[Alurra71]

I suspect if this man has been living with his girlfriend for 12 months then he is now common law with her and he can add her to his application for PR, including the children she and he share.

As for his 'legal' wife in Sweden, that is correct. He must first divorce her if he wants to legally marry the mother of his children.

 

[Murat]

I suspect if this man has been living with his girlfriend for 12 months then he is now common law with her and he can add her to his application for PR, including the children she and he share.

As for his 'legal' wife in Sweden, that is correct. He must first divorce her if he wants to legally marry the mother of his children.

Thank you. So I think if I aplay now for divorce I can do it in some months . Probably before PR form. So i should add my family in PR form, not in Asylum file ?
Thank you

 

[Alurra71]

Thank you. So I think if I aplay now for divorce I can do it in some months . Probably before PR form. So i should add my family in PR form, not in Asylum file ?
Thank you

Unless your common law spouse and your children require asylum do not add them to that file. You can later sponsor them when/if you are granted asylum and when filling out the pr application. You may being divorce proceedings against your legally married spouse once you have been in Canada for a year. Once you are legally divorced here you may legally marry the mother of your children.

Just be sure when you're filling out paperwork that you are clear that she is your common law spouse and those are your biological children and that your legal spouse lives somewhere in Sweden, whereabouts unknown.

 

[vensak]

I suspect if this man has been living with his girlfriend for 12 months then he is now common law with her and he can add her to his application for PR, including the children she and he share.

As for his 'legal' wife in Sweden, that is correct. He must first divorce her if he wants to legally marry the mother of his children.

He cannot do that. That would be seen as bigamy. That is not allowed by Canadian law. His new girlfriend is in a position of a lover without any rights what so ever related to him. So he has to divorce first then he can go for that. Other option would be for his girlfriend to reach Canada independently. But again even in Canada she cannot marry him or get any advantages from living together. He is officially married.
So he must divorce first. If he was able to legally marry somebody from Sweden so it is up to him to find the way to legally divorce her.

 

[Alurra71]

He cannot do that. That would be seen as bigamy. That is not allowed by Canadian law. His new girlfriend is in a position of a lover without any rights what so ever related to him. So he has to divorce first then he can go for that. Other option would be for his girlfriend to reach Canada independently. But again even in Canada she cannot marry him or get any advantages from living together. He is officially married.
So he must divorce first. If he was able to legally marry somebody from Sweden so it is up to him to find the way to legally divorce her.

He can do that. Canada will see her as a common law spouse even if he is still legally married to someone else. He is separated and no longer in a relationship with his legal wife. She will have every right as a spouse that would be given to a married on paper couple.

 

[Murat]

He can do that. Canada will see her as a common law spouse even if he is still legally married to someone else. He is separated and no longer in a relationship with his legal wife. She will have every right as a spouse that would be given to a married on paper couple.

Thank you . Anyway I will try to divorce . BTW how can proof that wevery are together 12 months ? Having 2 little kids must be enough ?

 

[Miraclejj]

Thank you . Anyway I will try to divorce . BTW how can proof that wevery are together 12 months ? Having 2 little kids must be enough ?

Having two children is not necessary a valid proof of beening in together for 12 months consecutively.

 

[Murat]

Having two children is not necessary a valid proof of beening in together for 12 months consecutively.

Thank you . What will I need to proof it?