Married with a man but having a kid with a woman

[fwmello]

I have a friend in a very particular situation:

He was married with a guy for several years and turned out the relationship didn't work and they got separated. But not officially divorced. He got involved with a woman and she got pregnant. Now they're living together with a kid and the second to born in September.

She's living illegally in Canada and he wants to sponsor her. He was sponsored by his husband a few years ago and haven't applied for Citizenship yet.

What are you thoughts about it? Do you think it is possible for them to apply for the family sponsorship under common lawn relationship? Can you see any red flags on it?

 

[Sous02]

All kinds of red flags. most important one being if I am not mistaken he has to wait five years after being sponsored to sponsor someone else. I am sure this will get corrected if I am wrong.

 

[dominicantiguan]

All kinds of red flags. most important one being if I am not mistaken he has to wait five years after being sponsored to sponsor someone else. I am sure this will get corrected if I am wrong.

That is correct. First thing, must be a minimum of 5 years before you can sponsor someone. @fwmello

 

[Rob_TO]

I have a friend in a very particular situation:

He was married with a guy for several years and turned out the relationship didn't work and they got separated. But not officially divorced. He got involved with a woman and she got pregnant. Now they're living together with a kid and the second to born in September.

She's living illegally in Canada and he wants to sponsor her. He was sponsored by his husband a few years ago and haven't applied for Citizenship yet.

What are you thoughts about it? Do you think it is possible for them to apply for the family sponsorship under common lawn relationship? Can you see any red flags on it?

One doesn't need to be divorced, in order to be legally common-law with someone else.

So he can only sponsor his new partner under 2 firm conditions:
1. It's been 5 years from the date he landed as a PR (whether or not he applies for or gets citizenship is irrelevant)
2. He must have lived together with his new partner for minimum 12 consecutive months

Once both of these are satisfied, he can then apply to sponsor her even though he's still married on paper to another person.

 

[fwmello]

One doesn't need to be divorced, in order to be legally common-law with someone else.

So he can only sponsor his new partner under 2 firm conditions:
1. It's been 5 years from the date he landed as a PR (whether or not he applies for or gets citizenship is irrelevant)
2. He must have lived together with his new partner for minimum 12 consecutive months

Once both of these are satisfied, he can then apply to sponsor her even though he's still married on paper to another person.

Do you think it will be a problem that he was married to a man and now living with a woman?

 

[scylla]

Do you think it will be a problem that he was married to a man and now living with a woman?

Yes - of course - that's a massive red flag. This will need to be explained in the application.

 

[Rob_TO]

Do you think it will be a problem that he was married to a man and now living with a woman?

Yes, but really i have no idea how a visa officer will view this. Plus the fact she's illegally in Canada so obviously is desperate to stay here.

However sounds like they will have several kids and a long relationship by the time they're eligible to apply, so they may be ok as long as they can prove the relationship is genuine and not just for her immigration purposes.

 

[fwmello]

I am passing all the information to the desperate father. Thanks for the feedback, guys.

 

[Regina]

Also, as he is waiting for 5 year threshold SHE has to be legally in Canada all that time.

 

[spousalsponsee]

Do you think it will be a problem that he was married to a man and now living with a woman?

Being bisexual is not an immigration bar.

Marrying one gender, immigrating through them, then within just a few years switching to another gender, having children with them, and trying to help them immigrate is extremely uncommon. The less common an application, the less that can be confidently said about it, and the more attention it may get.

As said above, the most pressing issue is the five year bar. It he remains in a genuine relationship with the woman until he's eligible to sponsor her, that will be quite a long time, which will help with some of the many red flags on this one.

 

[haXudon]

i have one important question...

is he gay or not?

...just kidding...

anyway, yeah they already answered your question but what is really important is that the girl must be in Canada LEGALLY! if immigration finds out that she's out of status, then she could get deported and banned from entering Canada. in which case, even if you sponsor her later in the future, her application for permanent residency will be rejected.

 

[canuck78]

This will be quite the chain of sponsorship. Don't under stand why the 1st sponsor hasn't asked for a divorce since his husband has clearly moved on and now has 2 kids with someone else.

 

[haXudon]

This will be quite the chain of sponsorship. Don't under stand why the 1st sponsor hasn't asked for a divorce since his husband has clearly moved on and now has 2 kids with someone else.

because divorce can get expensive.

 

[canuck78]

If it is uncomplicated it doesn't have to be. The longer you are married the more entitled to your spouse's property, benefits, etc. Maybe avoiding alimony? Feel bad for the 1st guy because he may be on the hook for lots of money. Luckily his partner can't go on social insurance or he will never be able to sponsor his new partner.