I need some advice in this situation..... the man that I am engaged to is jamaican and I am a born citizen canadian , he has been married to a canadian for a short period of time and his application for pr was refused and they got a divorce, my question is , is he able to get remarried to me and send back in another application for pr to immigration without having to go home (jamaica)? What's the best necesary steps we both should do, as both of us do not want him to have to go back to jamaica
spousal sponsorship----jamaican/canadian
- Thread starter mrsthompson
- Start date
He can legally marry you if he's divorced and free to marry. You would also need to be free to marry (I. e., not already married, of legal age).
You can submit an application to sponsor him if you so chose. In this application, you will sign an undertaking promising to be financially responsible for him for 3 years. If he uses any social assistance during those 3 years, the government will send you the bill. You can submit an "Inland" application for Spousal PR which may allow him to remain in Canada. You must also submit an application for an Open Work Permit and pay the fee upfront for this to happen. There is no guarantee he will not be deported, though, although CIC tends to allow the foreign national to remain in Canada until a decision is made on the PR application. Given his history, he may be at a higher risk for removal.
What was the reason the first PR application was denied? How long ago was he divorced? How soon are you planning to get married? What is his legal status in Canada now?
You can submit an application to sponsor him if you so chose. In this application, you will sign an undertaking promising to be financially responsible for him for 3 years. If he uses any social assistance during those 3 years, the government will send you the bill. You can submit an "Inland" application for Spousal PR which may allow him to remain in Canada. You must also submit an application for an Open Work Permit and pay the fee upfront for this to happen. There is no guarantee he will not be deported, though, although CIC tends to allow the foreign national to remain in Canada until a decision is made on the PR application. Given his history, he may be at a higher risk for removal.
What was the reason the first PR application was denied? How long ago was he divorced? How soon are you planning to get married? What is his legal status in Canada now?
Yeah I already signed the paper and sent in the letter about being financially responsible for him. And his last application was refused because his ex was on social assistance while the papers were being process, she filled out couple things wrong and didn't take the right steps to fix the mistakes . And she had called immigration before to say she wanted to stop the papers but they told her to right in a letter explaining why and all necessary info and nothing was sent in. Nothing was done properly pretty much, and his divorce was officially finalized in may that just past.. But they had been separated since 2011 that was also mentioned in the divorce... And we r looking to get married ASAP his legal status in Canada .. Well he doesn't really have one because he was denied 2012 and said for him to leave immediately but he had his divorce going on so he didn't want to leave and get screwed over with that so we went to a immigration consultant and because we had filed for another extension on a visa as a visitor( he initially came to Canada on a work permit was working married this girl he has a son with things didn't work out with them but within that time she file for a spousal sponsorship for him for a pr , he filed for a extension on his visa once his work permit was up and got a visitors stay extension) so in 2012 when he asked for a extension on his visa it will be his second time asking for one(which we still haven't heard anything on) it's a sticky situation but I have seen and heard of worse cases and the man/woman didn't have to go home. He has been here since 2010 and still can't get through so he can finally achieve what he wants to!
I'll be honest with you and tell you what CIC may see.
He married a woman to stay in Canada. She couldn't sponsor him, so he got divorced and found a new Canadian woman to marry to get sponsored.
Now, I am NOT saying that's accurate and I'm not doubting your relationship with him, but I do think the IO may interpret things this way. You should prepare to have an interview, which means a very long process. I'd rather someone warn you now rather than it come as a surprise. It's easier to prepare when you know ahead of time.
Do they have proof of their legal separation since 2011? You will need legal proof. (The application demands it. This isn't unique to you.)
He should definitely file Inland with the open work permit application if he wants to remain in Canada. Like I said before, generally CIC allows the spouse to remain in Canada until a decision is made. There is no guarantee and sometimes spouses are deported anyway, but it depends on what stage CIC is at with the foreign national. Just understand that filing a PR application will alert CIC to his overstay. There is no way around that unless he restores his status and that is highly unlikely in the given situation. CIC knows he wants to stay in Canada permanently.
It's impossible to have filed an extension in 2012 and not heard a reply. If he tells you nothing has happened, I'm afraid he isn't being honest with you. He was most likely rejected, is illegal, but doesn't want to tell you.
He married a woman to stay in Canada. She couldn't sponsor him, so he got divorced and found a new Canadian woman to marry to get sponsored.
Now, I am NOT saying that's accurate and I'm not doubting your relationship with him, but I do think the IO may interpret things this way. You should prepare to have an interview, which means a very long process. I'd rather someone warn you now rather than it come as a surprise. It's easier to prepare when you know ahead of time.
Do they have proof of their legal separation since 2011? You will need legal proof. (The application demands it. This isn't unique to you.)
He should definitely file Inland with the open work permit application if he wants to remain in Canada. Like I said before, generally CIC allows the spouse to remain in Canada until a decision is made. There is no guarantee and sometimes spouses are deported anyway, but it depends on what stage CIC is at with the foreign national. Just understand that filing a PR application will alert CIC to his overstay. There is no way around that unless he restores his status and that is highly unlikely in the given situation. CIC knows he wants to stay in Canada permanently.
It's impossible to have filed an extension in 2012 and not heard a reply. If he tells you nothing has happened, I'm afraid he isn't being honest with you. He was most likely rejected, is illegal, but doesn't want to tell you.
Ok yeah I'm going to look into some things but he isn't hiding anything though everything that happens we both have done together he is just as worried as I am but thank u so much for ur advice gave me some good insight .
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