Second Wife Sponsorship Following a Divorce

[Pretty1987]

I got married to a Muslim man as a second wife in December of 2017. When we got married, he already had a PR for himself and his first wife as she was part of the immigration application at the time of submission. They had landed in Canada in June 2015 but went back to their country of residence after that. In April of 2018, they moved to Canada for good. In October of 2018, they had a huge argument in which Police were involved and on which grounds, they decided to divorce. They are currently living in separate houses, waiting for one year to pass to get an official divorce.

My question is, now he wants to apply for outland spousal sponsorship for me, but will he have to wait till he gets a divorce in Canada (over one year) to submit this application, or can he fly to his home country to get a divorce there to expedite the process? Is there a waiting period following a divorce, before which he can apply for spousal sponsorship, given that he was the main applicant in the initial application?

 

[scylla]

I got married to a Muslim man as a second wife in December of 2017. When we got married, he already had a PR for himself and his first wife as she was part of the immigration application at the time of submission. They had landed in Canada in June 2015 but went back to their country of residence after that. In April of 2018, they moved to Canada for good. In October of 2018, they had a huge argument in which Police were involved and on which grounds, they decided to divorce. They are currently living in separate houses, waiting for one year to pass to get an official divorce.

My question is, now he wants to apply for outland spousal sponsorship for me, but will he have to wait till he gets a divorce in Canada (over one year) to submit this application, or can he fly to his home country to get a divorce there to expedite the process? Is there a waiting period following a divorce, before which he can apply for spousal sponsorship, given that he was the main applicant in the initial application?

This is a complicated situation and you would probably be best off hiring an immigration lawyer to assist you.

You should be aware that your marriage to your husband will not be recognized by Canada (even after he divorces) since you married him while he was still married to his first wife. He will need to legally divorce his first wife and then the two of you will need to be legally remarried in order for your marriage to be recognized and him to be able to sponsor you.

I suspect your application will be a challenging one and IRCC may question whether the divorce is truly real or whether it is being done to facilitate your entry into Canada. I think this is something you should expect may be questioned. Again, you are best off working with an experienced immigration lawyer. This probably won't be an easy or fast journey.

 

[singleman]

I got married to a Muslim man as a second wife in December of 2017. When we got married, he already had a PR for himself and his first wife as she was part of the immigration application at the time of submission. They had landed in Canada in June 2015 but went back to their country of residence after that. In April of 2018, they moved to Canada for good. In October of 2018, they had a huge argument in which Police were involved and on which grounds, they decided to divorce. They are currently living in separate houses, waiting for one year to pass to get an official divorce.

My question is, now he wants to apply for outland spousal sponsorship for me, but will he have to wait till he gets a divorce in Canada (over one year) to submit this application, or can he fly to his home country to get a divorce there to expedite the process? Is there a waiting period following a divorce, before which he can apply for spousal sponsorship, given that he was the main applicant in the initial application?

My guess that Divorce has to be finalized right here in Canada, no matter where did he married. Once she comes here and is PR divorce must be done here. Better still ask a Lawyer.

 

[canuck78]

Given both wives likely have children of similar ages and similar address information, etc. The government will definitely suspect you are a 2nd wife and will question the validity of the divorce or it is jus for show.

 

[Pretty1987]

@canuck78 The first wife has 4 children, second wife (me), we got married in December of 2017, we have no children. I don't stay in Canada. I'm resident of a gulf country. The police incident was recorded, wouldn't it be an indication of a genuine divorce?

 

[singleman]

@canuck78 The first wife has 4 children, second wife (me), we got married in December of 2017, we have no children. I don't stay in Canada. I'm resident of a gulf country. The police incident was recorded, wouldn't it be an indication of a genuine divorce?

Calling Police to make a Divorce look genuine? It does not help. If they suspect a divorce was fake they can ask separation agreement, how long separated, how much money and property wife got and so many other things like time factors.

 

[canuck78]

A police incident isn't really proof that a divorce is true.

 

[scylla]

@canuck78 The first wife has 4 children, second wife (me), we got married in December of 2017, we have no children. I don't stay in Canada. I'm resident of a gulf country. The police incident was recorded, wouldn't it be an indication of a genuine divorce?

The police incident may help your case.

The first step is for him to get divorced and then for the two of you to marry again to make your marriage legal in Canadian law.

 

[canuck78]

What is important is that it is a genuine divorce and not a divorce in order to facilitate your immigration.

 

[singleman]

What is important is that it is a genuine divorce and not a divorce in order to facilitate your immigration.

This is what I meant too. thanx

 

[DollyM]

My guess that Divorce has to be finalized right here in Canada, no matter where did he married. Once she comes here and is PR divorce must be done here. Better still ask a Lawyer.

That is not true. I am a Canadian citizen who was divorced in Australia. My divorce is as legal in Canada as it is anywhere else in the world.

 

[Pretty1987]

That is not true. I am a Canadian citizen who was divorced in Australia. My divorce is as legal in Canada as it is anywhere else in the world.

I'm not sure if the same rules with regards to family sponsorship apply to Canadian citizens as it does to permanent residents, but did you go through sponsoring another spouse following the divorce?

 

[DollyM]

I'm not sure if the same rules with regards to family sponsorship apply to Canadian citizens as it does to permanent residents, but did you go through sponsoring another spouse following the divorce?

Sure did. My divorce was final in February 2016 and I sponsored my common law partner in July 2016. However my reply was to Singleman's statement that only a Canadian divorce would be recognised.

 

[scylla]

However my reply was to Singleman's statement that only a Canadian divorce would be recognised.

I think he was making a comment related to residency (at least that's how I read it). In a number of countries you cannot divorce unless you are a resident there (Canada included). I don't know what the rules are for gulf countries.OP's husband may have to divorce in Canada since both he and his current wife are living there. Or it may be possible to do through the home country. Again, depends on the residency rules regarding divorce.

 

[Pretty1987]

I forwarded my enquiry to an immigration lawyer in Canada. Let's see what he says. Will let you know, in case someone.
I appreciate everyone's reply.