Hi there, I got married last year to someone who marry me just to come to Canada, when I found out I did not put the application in, Since we have been separated for a year I am trying to file for divorce but he won't cooperate, I am trying to find out if is possible for him to initiate any sort of application/process to come here on his own. Also, he was here in 2015 but his extension was denied and he left, after a year he try to enter through Toronto and they held him in a room and sent him back. All these background can he still enter again?
Spousal application
- Thread starter Jane83
- Start date
Hurlabrick
Champion Member
- Sep 4, 2016
- 575
- Visa Office......
- London
- App. Filed.......
- 23-06-2016
- AOR Received.
- 12-07-2016
- File Transfer...
- 23-08-2016
- Med's Done....
- 08-06-2016
- Passport Req..
- 21-12-2016
- VISA ISSUED...
- 24-12-2016
- LANDED..........
- 11-04-2017
No. He cannot use your marriage to gain entry to Canada. YOU must agree to be his sponsor if he wants to use the spousal sponsorship route. If you do not sponsor him, he cannot use this route. Of course nothing stopping him applying through any other immigration streams in his own right, but his marriage to you will not help him in these other routes.
Thank you so so much, sinve he does not want to give me the divorce I was panicking thinking that he might be wanting to gain time in order to use my marriage to get here. After he left in 2015 he tried to enter in 2016 and he got sort of incarcerated for 2 days and when he call me to tell me about this and official spoke to me in the phone and told me that I knew why they denied his entry...I did not know that he came in a turist visa and ended up working illegally. Seems to me he will do anything to get here, but after this incident I wonder if he will be able to enter the country again, so I relate this to him not wanting to give me the divorce.
The is completely incorrect. He cannot use the marriage as a way to come to Canada.
He seems to have already tried to get a tourist visa and was detained at the border and deported. He will likely be denied tourist visas in the future.
Continue with your process to try to get a divorce.
She asked if he can enter Canada and If he can come here on his own; Yes he might. He cannot use their marriage to enter Canada without her sponsoring him. But he can enter Canada with other immigration streams. There have been people who have been given an exclusion order, deported etc, and once their ban period is over they apply again (might need an Authorization to return to Canada). He left after his visitor extension was refused in 2015 he was not removed by force (he might not even need to apply for an ARC). He was denied entry once, depending on why he may have been denied entry to Canada, he may be able to re-apply for entry (especially if it was a voluntary withdrawal).
I am thinking that he did not get the 5 year ban because she was trying to sponsor him last year (so I assume he is admissible and met the conditions to be sponsored?). Well she did not give enough information about this, but the main point is while he cannot enter Canada using their marriage without her sponsoring him(if this is what she is worried about), he can still enter Canada using other immigration programs (will definitely be difficult for him)
You should process a divorce in Canada. You do not need him to consent
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You can get a divorce without his consent. It will just take some time.
It is not incorrect. OP did not specify anything about using the marriage in the first post. The ex could certainly come to Canada through any of the economic immigration streams if he qualifies.
Thank you so much for all the help!
I was not aware of the time he needed to wait, I was planning on applying without knowing about this. I am not sure what really happened with him and his family, because 3 of them, 2 sisters and him, were asked to leave the country as soon as possible, I know when the sister left with husband and children, they were all escorted to the plane, I really don't know why it happend in such a way. I've got a lawyer in his country because I thought that here in canada my marriage was not valid since I did not put any papers in place. Thanks for the tip, I will definitely do it here. Thank you so much for all the information, very appreciated!
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