PR Sponsor is married but marriage has fallen apart - now wants to sponsor new beau

[Northdale]

Asking for a friend:

The sponsor is married.. Now she wants to sponsor her current beau. What are the options for her? She is married in a country where divorce is not possible. Can she get married in Canada even if she has not filed for any divorce or annulment in her home country?

Additional details for the Sponsor:
-Former Work Permit holder
-Now PR
-Wasn't able to sponsor previous spouse
-But I think the previous spouse was included in the application as her husband (stated in the application as married)
-Current status still married
-Ex is still back home
-New beau is back home

Can they get married in Canada assuming the guy gets an approved TRV?

Can she divorce the ex in Canada?

Is conjugal a good option assuming the guy gets denied for TRV?

They said common law is not an option for them.

Please suggest what options are best for them to take.

Thank you so much.

 

[Janchor]

Asking for a friend:

The sponsor is married.. Now she wants to sponsor her current beau. What are the options for her? She is married in a country where divorce is not possible. Can she get married in Canada even if she has not filed for any divorce or annulment in her home country?

Additional details for the Sponsor:
-Former Work Permit holder
-Now PR
-Wasn't able to sponsor previous spouse
-But I think the previous spouse was included in the application as her husband (stated in the application as married)
-Current status still married
-Ex is still back home
-New beau is back home

Can they get married in Canada assuming the guy gets an approved TRV?

Can she divorce the ex in Canada?

Is conjugal a good option assuming the guy gets denied for TRV?

They said common law is not an option for them.

Please suggest what options are best for them to take.

Thank you so much.

Check the checklist on the CIC website, she will require divorce papers etc.

 

[Northdale]

Divorce is not possible. Any more suggestion?

 

[Northdale]

Anyone?

 

[Leon]

1) She can file for divorce from her ex in Canada as long as she has been living in Canada for at least one year. The divorce should be granted but will probably not be recognized in her home country which means that if she wants to marry her current boyfriend, she should not do it in her home country or she may be accused of bigamy. If he gets a TRV to come to Canada, they can marry in Canada after her divorce has been finalized and she can sponsor him. If he is denied a TRV to Canada, they can marry in some other country where both of them can get TRV's to travel to and where divorce is recognized and then she could sponsor him afterwards.

2) She could try for conjugal based on that they are in a marriage-like relationship for at least one year and have combined their affairs as much as possible without marrying and that there are legal and immigration barriers for them to marry or live together as common law based on it not being possible for her to get divorce in her home country and that it is not possible for her new boyfriend to come to her to Canada and live with her in Canada in order to reach common law status. In order to show that, he should have applied for a TRV and been denied as it will strengthen their application. They should also be prepared to prove their relationship, communication, sharing of funds etc.

 

[Northdale]

1) She can file for divorce from her ex in Canada as long as she has been living in Canada for at least one year. The divorce should be granted but will probably not be recognized in her home country which means that if she wants to marry her current boyfriend, she should not do it in her home country or she may be accused of bigamy. If he gets a TRV to come to Canada, they can marry in Canada after her divorce has been finalized and she can sponsor him. If he is denied a TRV to Canada, they can marry in some other country where both of them can get TRV's to travel to and where divorce is recognized and then she could sponsor him afterwards.

2) She could try for conjugal based on that they are in a marriage-like relationship for at least one year and have combined their affairs as much as possible without marrying and that there are legal and immigration barriers for them to marry or live together as common law based on it not being possible for her to get divorce in her home country and that it is not possible for her new boyfriend to come to her to Canada and live with her in Canada in order to reach common law status. In order to show that, he should have applied for a TRV and been denied as it will strengthen their application. They should also be prepared to prove their relationship, communication, sharing of funds etc.

Leon, thank you so much. This is the perfect answer she is looking for. As always, you are a reliable senior member in this forum. Please continue helping us here. Thank you.

 

[carolbb23]

Is she a filpana