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Spousal PR Family Class rejected

Shahwelcome said:
It was mentioned I'm not eligible to sponsor as I was married to a different partner during my second marriage which is not meeting the regulation 117(9)(c)(i).
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This basically means that according to Canadian law, your second marriage was not official (or recognized in Canadian law) since you got married the 2nd time before you were officially divorced. Your 2nd marriage may be official in Indian law but not here in Canada.
 
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Shahwelcome said:
It was mentioned I'm not eligible to sponsor as I was married to a different partner during my second marriage which is not meeting the regulation 117(9)(c)(i).
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Hello, you need to get the final divorce order and then there is a document that you request from the Canadian government and attach the final divorce order from India with it. Wait for the Canadian government to send you their document saying you are free to marry. This is the form that you should have submitted with your application. I forget what they form is called, but its basically a document from the Canadian government, where they legally acknowledged that you are officially divorced and are allowed to remarry.
 
Pennywise101 said:
Hello, you need to get the final divorce order and then there is a document that you request from the Canadian government and attach the final divorce order from India with it. Wait for the Canadian government to send you their document saying you are free to marry. This is the form that you should have submitted with your application. I forget what they form is called, but its basically a document from the Canadian government, where they legally acknowledged that you are officially divorced and are allowed to remarry.
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It doesn't matter to the OP, if the Indian court declared that he was officially divorced after he got married the 2nd time, Canada won't still recognized the 2nd marriage. The OP needs to remarry the wife according to Canadian law to get his marriage officially recognized. The application will still get rejected since he was not officially married to 2nd wife in the first application. He has to resubmit a new application after he remarry the wife again.
 
screech339 said:
It doesn't matter to the OP, if the Indian court declared that he was officially divorced after he got married the 2nd time, Canada won't still recognized the 2nd marriage.
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I'm just explaining what he should have done.

If divorced outside Canada
If you or your future spouse was divorced outside of Canada, you must obtain authorization from the government before you can be issued a marriage licence.

To get this authorization, you need the following four documents:

  1. A completed marriage licence application form,
  2. A Statement of Sole Responsibility for each divorce signed by both you and your future spouse,
  3. An original or court-certified copy of the divorce decree or annulment, translated into English or French (if applicable), and
  4. A legal opinion letter from an Ontario lawyer, addressed to both you and your future spouse, giving reasons why the divorce or annulment should be recognized in the province of Ontario.
You must send all of these documents to:

ServiceOntario
Marriage Office
P.O. Box 4600
189 Red River Rd.
Thunder Bay, ON P7B 6L8
 
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Pennywise101 said:
I'm just explaining what he should have done.

If divorced outside Canada
If you or your future spouse was divorced outside of Canada, you must obtain authorization from the government before you can be issued a marriage licence.

To get this authorization, you need the following four documents:

  1. A completed marriage licence application form,
  2. A Statement of Sole Responsibility for each divorce signed by both you and your future spouse,
  3. An original or court-certified copy of the divorce decree or annulment, translated into English or French (if applicable), and
  4. A legal opinion letter from an Ontario lawyer, addressed to both you and your future spouse, giving reasons why the divorce or annulment should be recognized in the province of Ontario.
You must send all of these documents to:

ServiceOntario
Marriage Office
P.O. Box 4600
189 Red River Rd.
Thunder Bay, ON P7B 6L8
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I agree with you.

Pennywise101 said:
Hello, you need to get the final divorce order and then there is a document that you request from the Canadian government and attach the final divorce order from India with it. Wait for the Canadian government to send you their document saying you are free to marry. This is the form that you should have submitted with your application. I forget what they form is called, but its basically a document from the Canadian government, where they legally acknowledged that you are officially divorced and are allowed to remarry.
Click to expand...

However it would have been pointless to submit it in the first place since the Indian court has likely declared his divorce status after the date of his 2nd marriage. I don't know a lot of about Indian court marriage / divorce rules. It doesn't matter if Indian court gave him permission to remarry before official divorce date since he is divorcing anyway. According to Canadian law, he cannot get married a 2nd time while awaiting for his official court papers of divorce, until after.
 
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screech339 said:
I agree with you.



However it would have been pointless to submit it in the first place since the Indian court has likely declared his divorce status after the date of his 2nd marriage. I don't know a lot of about Indian court marriage / divorce rules. It doesn't matter if Indian court gave him permission to remarry before official divorce date since he is divorcing anyway. According to Canadian law, he cannot get married a 2nd time while awaiting for his official court papers of divorce, until after.
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I agree with you too. Canadian law only recognizes Canadian law, which makes perfect sense because if not then anyone would be coming to this country saying they are legally able to do what ever their country legally allows. Such as multiple marriages in some countries. Basically he needs to divorce his first wife under Canadian laws and then request from the Canadian Government a form where we acknowledge that he is officially divorced under Canadian recognition then he would have been free to remarry. He is going to have to do this before he can marry his second wife under Canadian acceptance although they are married or planning to marry in a different country.
 
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I fully agree with Pennywise; means V.O. is applying Canadian Law here ; regardless of Country of applicant's law; which we cannot change.Divorce prev wife however it will be legal divorce but no one would stop you from supporting prev wife as well.
 
essamseddik said:
I think the solution is to re-issue a new marriage certificate with your current wife with no overlap with any other previous wives.
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It will need to be a new marriage, not just reissue of the same document from the invalid (in Canada) one.
 
Thank You everyone, I believe none of us would be thinking of other governments law until we are into that shoe. As Essam suggested my one option would be to try for new marriage certificate (remarry the same person). Few years back in India some type of marriages were illegal and not sure if they had restrictions for visitors or any immigrants.
 
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