previously married, getting married to a canadian, PR application issues

[iceebaby]

Hi there! My friend is marrying a Canadian and will be applying for permanent residency soon. The thing is, he used to be married back home and has children. When his Canadian fiancee/soon to be wife applies for the sponsorship, do they have to include the children in the application? what about the ex-wife? Thanks!

 

[KelseyTVS]

He will need to prove that he is not married to the ex-wife anymore, and her name, birthday, and the divorce date will be needed. Children and their info will needed to be listed on the forms that ask about dependents. There shouldn't be any issues as long as it is clear that they are divorced and his new wife and he are in a genuine relationship.

 

[bigredmoose]

If the children are coming, they will need to be included on the forms, have medicals done, and have written, notarized permission from the other parent (there's a form for that).

If the children aren't coming, they will need to be listed as additional family members. They will also need to have medicals done for 2 reasons. First, if they don't, you will never under any circumstances be allowed to sponsor them in future. Second, CIC frowns on this and you will have to provide evidence of why you weren't able to get them examined. They will want solid evidence or your application might be rejected.

 

[iceebaby]

If the children are coming, they will need to be included on the forms, have medicals done, and have written, notarized permission from the other parent (there's a form for that).

If the children aren't coming, they will need to be listed as additional family members. They will also need to have medicals done for 2 reasons. First, if they don't, you will never under any circumstances be allowed to sponsor them in future. Second, CIC frowns on this and you will have to provide evidence of why you weren't able to get them examined. They will want solid evidence or your application might be rejected.

Thank you for your reply! Can an open permit application be included in the sponsorship application?

 

[iceebaby]

He will need to prove that he is not married to the ex-wife anymore, and her name, birthday, and the divorce date will be needed. Children and their info will needed to be listed on the forms that ask about dependents. There shouldn't be any issues as long as it is clear that they are divorced and his new wife and he are in a genuine relationship.

Yes. he has all the documents to prove that he is already divorced and he is in a genuine relationship with the new girlfriend. His work permit is about to expire, will he be allowed to stay in Canada while waiting for the decision of the spousal application?

 

[KelseyTVS]

Yes. he has all the documents to prove that he is already divorced and he is in a genuine relationship with the new girlfriend. His work permit is about to expire, will he be allowed to stay in Canada while waiting for the decision of the spousal application?

He can stay in Canada while the spousal application processes but he needs to have status (study, visitor, or work). So he can try to renew or extend his work permit, or he can apply for visitor status, and while that application processes he will be on implied status, which is perfectly legal. Depending on what country he's from, he can exit Canada and re-enter and be automatically granted 6 months of visitor status.