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Talhazaifi

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Sep 6, 2014
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My husband and his first wife are citizens of Canada,as a muslim he can have two wives at a time.he has two sons from me ,they both born outside of Canada.Can he apply citizenship for them??
 

zulkfal

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Better to contact an immigration lawyer.

Polygamy is not allowed under the Canadian law but as he is the biological father of the kids he may be able to sponsor the kids but not you.
 

Goldline

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Talhazaifi said:
My husband and his first wife are citizens of Canada,as a muslim he can have two wives at a time.he has two sons from me ,they both born outside of Canada.Can he apply citizenship for them??
According to Shari'a Law, yes your husband can marry up to 4 wives but not according to Canadian Law. Now they will find out your husband had 2 wives same time. What they will decide? I don't know. It s better to check with a lawyer.
In this country some people have kids without even marriying their moms but they are still considered THEIR SONS according to the Canadian Law.
 
Aug 21, 2011
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Just go ahead to apply the kids' citizenship at the consulate of your region. It is the law that your kids are canadian by birth since his biological father is a canadian.
 

eileenf

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Talhazaifi said:
My husband and his first wife are citizens of Canada,as a muslim he can have two wives at a time.he has two sons from me ,they both born outside of Canada.Can he apply citizenship for them??
The important questions are:
1. Was your husband born as a Canadian citizen or did he immigrate to Canada?
2. Or did he immigrate to Canada? If he immigrated to Canada, he was obligated to declare all his children at that time (whether they were immigrating with him or not).
Religion and the Canadian view of polygamy is irrelevant.

If he denied that he had other children when he immigrated to Canada, there is little that can be done to fix that now. Below is information excerpted from the Canadian Centre for Refugees, who have been advocating to greater flexibility and judicial oversight of this clause:

The Immigration and Refugee Protection Act (the legal basis of immigration to Canada) Regulation 117(9)(d) imposes a lifetime ban on sponsorship of a family member, if the family member was not examined by an immigration officer when the sponsor immigrated to Canada...The immigration regulations state that a person is not a family member if they were not examined by a visa officer when the person trying to sponsor them immigrated to Canada. This applies to any family member, including the sponsor's spouse, common law partner or child. Since the person is deemed not to be a family member, they can never be sponsored, leaving some families forever unable to reunite.

PDF with info on this can be viewed here: [http://ccrweb.ca/en/families-never-be-united-excluded-family-members-profiles]

You, or your husband, should speak with a qualified immigration lawyer, or (if in Canada) go to a settlement agency (which is low-cost or free).

Good luck.
 

beauhoe

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Talhazaifi said:
My husband and his first wife are citizens of Canada,as a muslim he can have two wives at a time.he has two sons from me ,they both born outside of Canada.Can he apply citizenship for them??
Does he listed them on his immigration application at the first place? If yes, there is no problem at all.
 

blueshirt

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Apr 28, 2014
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what about legal adaptation. if someone adopts a child below 18 can he then become a Canadian citizenship as his father is citizen
 

eileenf

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If the children were born after immigration and/or citizenship they may be able to take on Canadian citizenship. Is the father's name on the birth certificates?

Any update? Good luck.
 

eileenf

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It's also worth noting that Citizenship law in Canada is the same for sons and daughters, so if you have daughters as well, they would qualify as long as your husband didn't lie on his immigration application. In the past, applicants have been allowed to immigrate with children from other marriages as long as they have an attestation from the other parent giving permission.

Regarding adoption, it is a complex and expensive legal procedure. Talk to a reputable lawyer if you wish, but I highly doubt that such a trick would work. In general trying to trick the CIC is a bad idea. They are professionals and they know the process and the tricks and lies far better than we do. It would be hard to adopt one's own child (to fix a previous lie) without lying a bunch more. Talk to a lawyer.
 

era1521

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Oct 7, 2014
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Talhazaifi said:
My husband and his first wife are citizens of Canada,as a muslim he can have two wives at a time.he has two sons from me ,they both born outside of Canada.Can he apply citizenship for them??
better hurry up:
......
By: Mike Blanchfield The Canadian Press, Published on Wed Nov 05 2014
OTTAWA—The Harper government is bracing for international backlash to its proposed new law that would ban people in polygamous and forced marriages from immigrating to Canada, The Canadian Press has learned.
Citizenship and Immigration Minister Chris Alexander announced the legislation Wednesday, calling such practices “incompatible with Canadian values.”
..............
 

Leon

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It is an old thread but aside from whether you agree with polygamy or not, there are plenty of western people who live in such relationships too although they can legally only marry one person.

If someone has more than one wife, immigration would only consider the first marriage legal. However, immigration requires that all children be listed on the application, regardless from which wife. They must be listed as either accompanying or not accompanying and they must be medically examined in order to either get a PR visa or to keep the option open to sponsor them later.

Children who were included on a PR application as not accompanying may be sponsored for PR at any time before their 19th birthday.

If the man was already a PR when the children were born, he does not have to notify immigration about the birth of the child but still has the option to sponsor them before their 19th birthday.

If the man was already a citizen when the children were born, he can apply for their citizenship.