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Overstayed a Canadian Visa-options

Kaibigan

Champion Member
Dec 27, 2020
1,044
408
Because you have not yet meet the requirement to be deemed a common-law couple (one year or more of cohabiting together), and with him still being married to wife #1 (at least), he cannot apply yet. Because Canada does not recognize bigamy, his second marriage may not need to be annulled, if it never existed in the eyes of IRCC. Not sure about that, but just `throwing it out there'.
I think you are right about annulment. I don't think it's possible to annul a non-marriage. It was never a marriage in the eyes of the law, leaving nothing to annul.

But that might not be the end of the matter. There is a record of a second "marriage" in Canada and the guy would have filed proof of that marriage when applying for PR based upon it. Maybe the IRCC will simply say that they understand the second marriage was a nullity and leave it at that. But, they might want something more. It's possible that they will ask for a court order declaring the marriage a nullity. The OP's amazing (and expensive) immigration lawyer used in the past might be able to advise on that score.
 
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YVR123

VIP Member
Jul 27, 2017
7,162
2,761
Also, I spoke with him last night. Originally, the communication from IRCC was that there was information missing from the application. They never sent any documentation that he had a ban and/or that there was a removal order issued.
Speaking with him is not enough. You NEED to order GCMS notes to get the real picture of this situation.
No idea how you can proceed to sponsor someone with no passport. But get the GCMS notes first. Then go from there.