Sponsoring as common-law because their marriage is void

[mnpr]

Hi guys, I have a question which to me is quite complicated. I am trying to assist a male cousin of mine who is married
in the Philippines but got separated very shortly thereafter and for more than 3 years now.Without knowing the law, he
married this nice lady, a worker here in Canada and who is now pregnant. My cousin now wants to sponsor her as his wife.
He realized now that his second married is void as his first marriage is not dissolved yet, there being no annulment or divorce.
My question: Can he sponsor his wife in the second marriage as common-law partner as they meet all the requirements under this classification?He intends to file an affidavit of separation with his first wife and to also disclose that his second marriage is void. His second wife has a work permit that will soon expire, that is why he wants her to be sponsored right away. Without having to file for divorce which is lengthy, can he resort to sponsoring the second wife as common-law, or is there a need to have said second marriage declared void by the court first before he can do this. Thanks a lot in advance for putting some direction on this matter.

 

[rhcohen2014]

as long as they actually meet the qualifications for a commonlaw relationship, yes he can sponsor her even if he is still technically married to the first wife. A person CAN be commonlaw with 1 person, while still married or separated from someone else. to be commonlaw, a couple MUST show cohabitation for at least 365 CONSECUTIVE days. This means they must prove they lived together for this amount of time through a mutual lease agreement, mail to each person at the same address, driver's licenses confiming the same address, etc. Other forms of proof are sharing bank accounts and adding eachother as a beneficiary to any insurance policies, and both names on utility bills.

If they do not meet these requirements, then they do not qualify as commonlaw. his partner will need to extend her stay as a visitor (Which means she can't work) to be able to meet this qualification.

 

[screech339]

Not much to say other than that your cousin has committed bigamy and can be charged accordingly.

Your cousin should have filed for divorced in Canada and Canada would have recognized it in but it would not have been recognized in Philippines. But it would have allowed your cousin to marry again inside Canada. But since he has not done that, he committed bigamy by having two wives at same time.

Screech339

 

[Koifish76]

Not much to say other than that your cousin has committed bigamy and can be charged accordingly.

Your cousin should have filed for divorced in Canada and Canada would have recognized it in Canada but it would not have been recognized in Philippines. But it would have allowed your cousin to marry again inside Canada. But since he has not done that, he committed bigamy by having two wives at same time.

Screech339

Bigamy is a serious crime in Canada. I wouldn't even know where to start with applying for a new wife. I am guessing he would need to annul his current marriage, file for separation, wait a year, then divorce legally, then remarry his new wife. But how would this look on an application? I don't think you can simply just apply as common-law. CIC does do background checks on these matters. Maybe your cousin can include a lengthy explanation along with divorce certificate and new marriage certificate. Best to consult an immigration lawyer.

 

[screech339]

The cousin has supposedly been separated for a least 3 years. But if he has already been living in Canada for a year, he would have applied for divorce. In this case, the cousin would have to anull the 2nd marriage and then file for divorce to his 1st wife immediately (assuming he has been in Canada at least a year already). Wait until divorce is finalized then remarry his 2nd wife again.

 

[screech339]

Canada laws states that you must be officially divorced before you can marry again. Since the cousin haven't officially been granted divorce status, the second marriage is considered to be null and void but that doesn't mean he has not committed bigamy.

He first officially null the 2nd marriage to make it official. It is not automatically nulled. Cousin must do the paperwork to null the marriage.

Once the paperwork is done to null the paperwork, only then can he start paperwork as common law sponsor. CIC may view his action of marrying her as an marriage of convenient so that his wiife can stay in Canada.

Screech339

 

[Koifish76]

Canada laws states that you must be officially divorced before you can marry again. Since the cousin haven't officially been granted divorce status, the second marriage is considered to be null and void but that doesn't mean he has not committed bigamy.

He first officially null the 2nd marriage to make it official. It is not automatically nulled. Cousin must do the paperwork to null the marriage.

Once the paperwork is done to null the paperwork, only then can he start paperwork as common law sponsor. CIC may view his action of marrying her as an marriage of convenient so that his wiife can stay in Canada.

Screech339

Haha that was quick, but I caught it... . it's ok, i did the same thing too.

 

[mnpr]

Thank you very much for all your input, especially the advice that the second marriage has to be first annulled.
What disaster the act of marrying for the second time brought ! I will try to help him how to commence the act for annulment. Thanks again.

 

[Catems]

i have the same situation... what happened to your cousin application now?

 

[Catems]

Hi guys, I have a question which to me is quite complicated. I am trying to assist a male cousin of mine who is married
in the Philippines but got separated very shortly thereafter and for more than 3 years now.Without knowing the law, he
married this nice lady, a worker here in Canada and who is now pregnant. My cousin now wants to sponsor her as his wife.
He realized now that his second married is void as his first marriage is not dissolved yet, there being no annulment or divorce.
My question: Can he sponsor his wife in the second marriage as common-law partner as they meet all the requirements under this classification?He intends to file an affidavit of separation with his first wife and to also disclose that his second marriage is void. His second wife has a work permit that will soon expire, that is why he wants her to be sponsored right away. Without having to file for divorce which is lengthy, can he resort to sponsoring the second wife as common-law, or is there a need to have said second marriage declared void by the court first before he can do this. Thanks a lot in advance for putting some direction on this matter.

i have a same situation of ur cousin..what happened now ?