remarrying/sponsor my former husband
- Thread starter midnight_sun
- Start date
http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdfKimJuliBC said:
12.5. Conjugal relationships—Dissolutions of convenience (Conjugal means a marriage, marriage-like or common law relationship)
In addition to persons who may enter into relationships of convenience for the sake of acquiring
any status under the Act, officers must be conscious of persons who “conveniently” dissolve their
marriages or conjugal relationships and then subsequently resume them for the sake of facilitating
immigration – that is, persons in conjugal relationships who fraudulently declare that their conjugal
relationship is dissolved in order to facilitate their own or other persons' immigration application
and later attempt to sponsor that person.
R4.1 provides officers the means to refuse applications where persons have dissolved a relationship in bad faith
in order to acquire any status under the Act.
Situations where bad faith relationship-dissolution may occur include, but are not limited to:
• where applicants are in a conjugal relationship with a person whom they believe is
inadmissible to Canada (and who would consequently render them inadmissible); and
• where applicants conveniently dissolve conjugal relationships so that they might establish a
new relationship of convenience with another person from whom they will subsequently
separate once both parties have permanent residence in Canada (and where the dissolved
relationship will resume once fraudulent immigration is achieved).
As in the case of reviewing suspected relationships of convenience, officers must form an opinion
based on factors which, taken together, could lead a reasonably prudent person to conclude that
a relationship was dissolved for immigration purposes. It is important for officers to examine the
particular circumstances of a relationship and to assess it in the context of the cultural norms of
the country.
In some instances, home visits or other kinds of investigations such as telephone calls may be
used to establish that cohabitation is not continuing once a relationship is supposedly dissolved.
Factors to consider regarding a suspected bad faith dissolution of a marriage or conjugal
relationship:
• the circumstances and duration of the dissolution;
• the divorce itself (if applicable) – how it was effected, what documents have been submitted
as evidence;
• did the dissolution conform to the beliefs and culture of the participants?
• is there evidence that the parties continue to cohabitate?
I would suggest the OP sends in evidence that
a) Her spouse has nothing in his background / medical history that would have made him inadmissible
b) Proof of her original application for PR showing that she had sufficient points without her husband, and that he would not have reduced them
c) Proof that she had funds on "landing" that would have been the equivalent of the funds needed had her husband gained his PR at that time as well.
She will need a lot of evidence regarding the relationship to prove that it is genuine.
They may also look into it being a "Marriage of Convenience" to enable him to get PR now.
I would suggest the OP read sections in the above manual:
Relationships of convenience, Section 5.16
and
12. Procedure: Identifying a relationship of convenience
It's not impossible to sponsor him, you are just going to have to show evidence that it is a genuine relationship and that he was not inadmissible at the time she applied for her original PR.
I posted from my phone last night and as I was about to post the the link OP Manual this morning, I saw that Siouxie posted already. Thanks Siouxie.KimJuliBC said:
Excellent research by Siouxie.
You application to sponsor and his application for PR will be fine provided:
1. He was not medically or criminally inadmissible at the time you made the Skilled Worker application and were granted PR (they will scrutinize this).
2. You have adequate proof of your reconcilliation and re-marriage.
3. You, as a PR, reside in Canada at the time of your application to sponsor him and for the duration of the application.
It seems you are considering leaving Canada if his application for extension of his visitor permit is refused. Don't do this as you will not be eligible to sponsor him as your spouse.
You application to sponsor and his application for PR will be fine provided:
1. He was not medically or criminally inadmissible at the time you made the Skilled Worker application and were granted PR (they will scrutinize this).
2. You have adequate proof of your reconcilliation and re-marriage.
3. You, as a PR, reside in Canada at the time of your application to sponsor him and for the duration of the application.
It seems you are considering leaving Canada if his application for extension of his visitor permit is refused. Don't do this as you will not be eligible to sponsor him as your spouse.
Thank you guys all! We will prepare our applications carefully.
Rjessome, thanks for your advice! No, I won't leave.
Rjessome, thanks for your advice! No, I won't leave.