Family Sponsorship Appeal

[AlessDexter]

hello,

I have a case, my husband has a Canadian passport, we have three kids with the Canadian passport as well. he applied to sponsor me so we can all move to Canada. the Immigration, Refugees and Citizenship Canada (IRCC) refused the application because I, the wife, don't appear to be a member of the family class. (Note: when we got married he was separated for more than a year from his first wife and the divorce was finalized after we got married) that's why the IRCC refused to consider me as a wife. so we requested an appeal and the Early Resolution officer sent us the mail. she asked for proof that our marriage was legal at the time of the application. we sent the Immigration Appeal Division and the Minister's Council a letter to take a look at our file which has all the details of our relationship. it's been almost a month and we haven't heard anything. how long does this usually take? and is there a place where I can track my case?

 

[scylla]

hello,

I have a case, my husband has a Canadian passport, we have three kids with the Canadian passport as well. he applied to sponsor me so we can all move to Canada. the Immigration, Refugees and Citizenship Canada (IRCC) refused the application because I, the wife, don't appear to be a member of the family class. (Note: when we got married he was separated for more than a year from his first wife and the divorce was finalized after we got married) that's why the IRCC refused to consider me as a wife. so we requested an appeal and the Early Resolution officer sent us the mail. she asked for proof that our marriage was legal at the time of the application. we sent the Immigration Appeal Division and the Minister's Council a letter to take a look at our file which has all the details of our relationship. it's been almost a month and we haven't heard anything. how long does this usually take? and is there a place where I can track my case?

Recommend you join the appeals thread:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/all-spouse-appeal-cases-come-here-and-join-us-plz.87619/page-841

It's a shame you didn't apply as common law. You were correctly refused since you aren't legally married.

 

[AlessDexter]

Recommend you join the appeals thread:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/all-spouse-appeal-cases-come-here-and-join-us-plz.87619/page-841

It's a shame you didn't apply as common law. You were correctly refused since you aren't legally married.

i am legally married, we've been married for 4 years. we applied last year for sponsorship

 

[zardoz]

hello,

I have a case, my husband has a Canadian passport, we have three kids with the Canadian passport as well. he applied to sponsor me so we can all move to Canada. the Immigration, Refugees and Citizenship Canada (IRCC) refused the application because I, the wife, don't appear to be a member of the family class. (Note: when we got married he was separated for more than a year from his first wife and the divorce was finalized after we got married) that's why the IRCC refused to consider me as a wife. so we requested an appeal and the Early Resolution officer sent us the mail. she asked for proof that our marriage was legal at the time of the application. we sent the Immigration Appeal Division and the Minister's Council a letter to take a look at our file which has all the details of our relationship. it's been almost a month and we haven't heard anything. how long does this usually take? and is there a place where I can track my case?

i am legally married, we've been married for 4 years. we applied last year for sponsorship

As far as IRCC are concerned, you were not free to marry before your husband's divorce was finalised, therefore you are not legally married under Canadian law.
"(Note: when we got married he was separated for more than a year from his first wife and the divorce was finalized after we got married)"

Your only hope is that they reconsider the case with you as "common law partners" instead.

 

[scylla]

i am legally married, we've been married for 4 years. we applied last year for sponsorship

You are not legally married per Canadian law since you got married before your husband's divorce was finalized.

 

[zardoz]

For reference.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/legality.html

Marriage must be valid where it took place and under Canadian law
A marriage that took place abroad must be valid both under the laws of the jurisdiction where it took place and under Canadian federal law in order to be considered legal for immigration purposes. A marriage that is legally recognized according to the law of the place where it occurred is usually recognized in Canada, but the onus is on applicants to prove that their marriage is legal.

Polygamy
Polygamous marriages are not legal in Canada and are an offence under the Criminal Code of Canada.

A spouse is not a member of the family class if the spouse or sponsor was already married to another person at the time of the subsequent marriage [R117(9)(c)(i)]. This regulation prohibits a second (or third, etc.) wife from being recognized as a spouse within the family class and provides that only the first marriage may be recognized for immigration purposes.

And, while we are dealing with the topic, http://laws-lois.justice.gc.ca/eng/acts/C-46/page-70.html#h-88

Offences Against Conjugal Rights

Bigamy

• 290 (1) Every one commits bigamy who
  • (a) in Canada,
    • (i) being married, goes through a form of marriage with another person,
      
      
    • (ii) knowing that another person is married, goes through a form of marriage with that person, or
      
      
    • (iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or
  • (b) being a Canadian citizen resident in Canada leaves Canada with intent to do anything mentioned in subparagraphs (a)(i) to (iii) and, pursuant thereto, does outside Canada anything mentioned in those subparagraphs in circumstances mentioned therein.

 

[JYC]

As far as IRCC are concerned, you were not free to marry before your husband's divorce was finalised, therefore you are not legally married under Canadian law.
"(Note: when we got married he was separated for more than a year from his first wife and the divorce was finalized after we got married)"

Your only hope is that they reconsider the case with you as "common law partners" instead.

Did your husband obtain his PR status through the sponsorship from his first wife and shortly divorce her after? If yes, combining with the facts that his divorce didn't get finalize when he marry you will be a huge red flag in the eyes of the IRRC.

 

[AlessDexter]

he got his passport long before he met his first wife. he didn't even apply to sponsor her. I received a reply from the Minister of Citizenship and Refugee yesterday saying my appeal is dismissed. they approve the decision made by the officer in London " our marriage is not legally valid"

if my husband and I apply again as a common-law partner, would it work? since under Canad's Law, we are not legally married, but we have children together and have been living together for more than 4 years

Did your husband obtain his PR status through the sponsorship from his first wife and shortly divorce her after? If yes, combining with the facts that his divorce didn't get finalize when he marry you will be a huge red flag in the eyes of the IRRC.

 

[AlessDexter]

in the Common-Law application, there's a section where it asks if we are married. what should the answer to that be? under Canda's law were considered not married, "marriage is not legally valid" was the reason they all used to reject my application.
and there's another section "where there any formal ceremonies or events to recognize your relationship?" well we did have an engagement party and wedding party.

I also read this "An already existing marriage, uninterrupted by separation, divorce or death, is a barrier that cannot be overcome when assessing a second spouse as a common-law partner. However, where such a barrier is removed (i.e. a first wife is subsequently divorced or is deceased), a husband and second wife could choose either to remarry, or could potentially meet the definition of common-law partner (i.e. where a husband was separated from a first wife and lived with a second wife in a bona fide conjugal relationship for one year after the separation from a first wife). Because a subsequent marriage (where the first is continuing) is not valid in Canadian law, persons in such a scenario would be considered as single in law and they would have to remarry to be considered married under Canadian law."

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/legality.html

 

[scylla]

in the Common-Law application, there's a section where it asks if we are married. what should the answer to that be? under Canda's law were considered not married, "marriage is not legally valid" was the reason they all used to reject my application.
and there's another section "where there any formal ceremonies or events to recognize your relationship?" well we did have an engagement party and wedding party.

I also read this "An already existing marriage, uninterrupted by separation, divorce or death, is a barrier that cannot be overcome when assessing a second spouse as a common-law partner. However, where such a barrier is removed (i.e. a first wife is subsequently divorced or is deceased), a husband and second wife could choose either to remarry, or could potentially meet the definition of common-law partner (i.e. where a husband was separated from a first wife and lived with a second wife in a bona fide conjugal relationship for one year after the separation from a first wife). Because a subsequent marriage (where the first is continuing) is not valid in Canadian law, persons in such a scenario would be considered as single in law and they would have to remarry to be considered married under Canadian law."

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/legality.html

Yes - agreed. You should have applied as a common law couple rather than applying as married since your marriage is not recognized by Canada. Applying as common law requires different forms and evidence in your application. Because you applied as married - that's how your application was processed. Again - shame you didn't apply as common law. You would have been easily approved.

 

[Akup.patel]

he got his passport long before he met his first wife. he didn't even apply to sponsor her. I received a reply from the Minister of Citizenship and Refugee yesterday saying my appeal is dismissed. they approve the decision made by the officer in London " our marriage is not legally valid"

if my husband and I apply again as a common-law partner, would it work? since under Canad's Law, we are not legally married, but we have children together and have been living together for more than 4 years

Hi did you win apple or no ?