regardding spouse

[deplix]

Posts: 33
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regarding appeal case
« on: August 22, 2013, 09:14:24 pm » Quote Modify Remove

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I will really appreciate if someone can help me i am so upset
here is case

me and my ex husband came here in canada together as skilled worker i was dependent spouse on application after landing here we dont have kids with 10 years relationship he gave me divorce within 5 month after landing
after 3 year i got marriage to another guy i have kid with that person i applied immigration for my husband and vo refuse under section 117 and said divorce been effective after marriage so your husband is not a member of family class

what option i have? what can i do?
its best to get remarry with same person and file appeal
who many chances to win appeal
please i need expert advice as i am so upset
i really appreciate if someone can help me.

 

[frege]

Is this an inland case or an outland one?

I'm not an expert, but here are some suggestions.

You can

- See a lawyer to discuss whether what CIC says is correct, that you were not legally divorced when you remarried. In this case, hurry to get advice.
- file a new application as common-law partners - I presume you've lived together for a year.
- re-marry and file as married.

 

[scylla]

It sounds like the problem is that you got married before your divorce was finalized. If that's the case, then unfortunately you're not legally married - and there will be no point in appealing since CIC rightly refused your application. You will then need to marry your current husband again to make your marriage legal and then apply for PR again from scratch.

If, however, CIC has made a mistake and you were clearly divroced before you got remarried - the an appeal might succeed. If CIC made a mistake, why do you think this happened? Did you submit all of the required paperwork to prove that you were divorced?