Spousal sponsorship

[MilesAway]

BIG RED FLAG !!!

Background check will reveal that you are still married in your home country...Bigamy...resulting in REJECTION and possible 5 yrs ban.

Yes, it will affect your application negatively.

Why don't you divorce officially?

If you mention that you have never been married before, that will be misrepresentation.

Otherwise, you need to provide a divorce certificate to convince CIC.

Incorrect. You can be common-law with someone while still being officially married elsewhere. Some countries do not allow divorce, therefore it might not be possible for them to get a divorce in their home country.

Of course, you must declare the marriage on the forms.


The relevant text from OP2:
5.38. What happens if the common-law partner (principal applicant) is married to another
person?
Persons who are married to third parties may be considered common-law partners provided their
marriage has broken down and they have lived separate and apart from the spouse for long
enough to establish a common-law relationship – at least one year. In this case they must have
cohabited in a conjugal relationship with the common-law partner for at least one year.
Cohabitation with a common-law partner cannot be considered to have started until a physical
separation from the spouse has occurred. A common-law relationship cannot be legally
established if one or both parties continue their marital relationships.
Officers must be satisfied that a principal applicant is separated from and no longer cohabits with
a legal spouse. This evidence may be in the form of a signed formal declaration that the marriage
has ended and that the person has entered into a common-law relationship. An officer may
require that the person produce other written evidence of a formal separation or of a breakdown of
the marriage. Acceptable documents include a separation agreement, a court order in respect of
custody of children identifying the fact of the marriage breakdown, documents removing the
legally married spouse(s) from insurance policies or will as beneficiaries (a “change of beneficiary”
form).
In the above circumstances, the legal spouse of the principal applicant need not be examined and
will not be considered a member of the family class if the applicant later attempts to sponsor this
spouse. [See R117(9)(d)]. Notes in CAIPS should indicate that the applicant was aware of the
consequences of non-examination.

 

[Aquakitty]

There's some confusion here. You can be COMMON-LAW and still married. It's only bigamy if you get legally married without a divorce. Common-law doesn't have the same restrictions.

But, never lie about your status, you have to tell the truth about your marriage regardless.

 

[nbpb]

Hi,

I have just submitted paperwork for spousal sponsorship for my husband and I was just wondering ideally how soon would we have to move to Canada, if PR is granted? I have read that it is usually 1 year from his medical exam, however that would mean if the processing time is 10 months, we would have 2 months to move? we are currently living in London.

thanks,
Nb

 

[MilesAway]

Hi,

I have just submitted paperwork for spousal sponsorship for my husband and I was just wondering ideally how soon would we have to move to Canada, if PR is granted? I have read that it is usually 1 year from his medical exam, however that would mean if the processing time is 10 months, we would have 2 months to move? we are currently living in London.

thanks,
Nb

The visa validity is tied to the medicals, which generally expire one year after they were done. The VO may extend the validity of the medicals if required, but they may also give you a short period of time to land. Some people have received their COPR with only a week or two to land.

 

[Ilija]

There's a new photo specs that got updated by cic some time ago.
Will everyone who sent the old specs photos be asked to send new ones before receiving copr

 

[Turbo2000]

Of course, that is possible.

But the big question still lingers, why are u still married back home ?

Did you try to obtain a divorce to no avail ?

or May be you intend to sponsor him in future.

 

[Lululemon21]

Incorrect. You can be common-law with someone while still being officially married elsewhere. Some countries do not allow divorce, therefore it might not be possible for them to get a divorce in their home country.

Of course, you must declare the marriage on the forms.


The relevant text from OP2:
5.38. What happens if the common-law partner (principal applicant) is married to another
person?
Persons who are married to third parties may be considered common-law partners provided their
marriage has broken down and they have lived separate and apart from the spouse for long
enough to establish a common-law relationship – at least one year. In this case they must have
cohabited in a conjugal relationship with the common-law partner for at least one year.
Cohabitation with a common-law partner cannot be considered to have started until a physical
separation from the spouse has occurred. A common-law relationship cannot be legally
established if one or both parties continue their marital relationships.
Officers must be satisfied that a principal applicant is separated from and no longer cohabits with
a legal spouse. This evidence may be in the form of a signed formal declaration that the marriage
has ended and that the person has entered into a common-law relationship. An officer may
require that the person produce other written evidence of a formal separation or of a breakdown of
the marriage. Acceptable documents include a separation agreement, a court order in respect of
custody of children identifying the fact of the marriage breakdown, documents removing the
legally married spouse(s) from insurance policies or will as beneficiaries (a “change of beneficiary”
form).
In the above circumstances, the legal spouse of the principal applicant need not be examined and
will not be considered a member of the family class if the applicant later attempts to sponsor this
spouse. [See R117(9)(d)]. Notes in CAIPS should indicate that the applicant was aware of the
consequences of non-examination.

Yes, this is what i know too. I did not get married here, and we are applying as common-law only because im still married in the Philippines where there is no divorce. And i will declare the truth in the forms of course.

 

[Lululemon21]

Of course, that is possible.

But the big question still lingers, why are u still married back home ?

Did you try to obtain a divorce to no avail ?

or May be you intend to sponsor him in future.

Thank you Turbo2000 for the inputs, i really appreciate all the advice i get from here.
My legal consultant said i can start to file the divorce while my application is in process or i can do both at the same time. My problem is i haven't had any communication with my ex for 4yrs now, i don't even know where he is.(we didnt have a good separation)

 

[manharnarang]

Hi Turbo2000, Aquakitty, Turbo2000 and others.

Please help me with your reply.

I have recently got passport request and am planning to land in April 2016. My wife is currently in US pursuing her research. When I applied in Express Entry, I mentioned that my wife would not be accompanying.

I want to apply for PR for my wife once I settle down there.
1. Could anyone please suggest how should I proceed? Shall I put an application for her in Express Entry or Spousal sponsorship?
2. Does spousal sponsorship really takes 17 months?
3. Can I get a TRV (is it same as visitior visa?) for her so that she can visit me? Is there really chances for rejection of TRV?
4. For what duration normally a visitor visa is stamped, considering we tell them that the person would be visiting for tourism?
5. Is it better to apply for Visitor visa for her before I land in Canada or after I land?

Kindly suggest.

 

[Sunset0505]

The visa validity is tied to the medicals, which generally expire one year after they were done. The VO may extend the validity of the medicals if required, but they may also give you a short period of time to land. Some people have received their COPR with only a week or two to land.

Ours was not tied to Medical, I think its cause they couldn't figure out how to open the attachments, ...Ours is tied to the interview....we have 12 months from interview...

 

[scylla]

I know of a few cases who got rejected becasue CIC found out during Background check that they were still legally married.

Your legal consultant is very correct.

I don't know of anyone with a similar situation who got an approval.

Except the new government recognizes bigamy

This is completely misleading (and wrong) advice and does not apply to the situation of the individual you responded to. Being already married is only a problem if you try to get married again. This individual is in a common law relationship while still being married. There's no issue with this and we've had many people processed successfully in this situation. It's not bigamy.

 

[MilesAway]

Hi Turbo2000, Aquakitty, Turbo2000 and others.

Please help me with your reply.

I have recently got passport request and am planning to land in April 2016. My wife is currently in US pursuing her research. When I applied in Express Entry, I mentioned that my wife would not be accompanying.

I want to apply for PR for my wife once I settle down there.
1. Could anyone please suggest how should I proceed? Shall I put an application for her in Express Entry or Spousal sponsorship?
2. Does spousal sponsorship really takes 17 months?
3. Can I get a TRV (is it same as visitior visa?) for her so that she can visit me? Is there really chances for rejection of TRV?
4. For what duration normally a visitor visa is stamped, considering we tell them that the person would be visiting for tourism?
5. Is it better to apply for Visitor visa for her before I land in Canada or after I land?

Kindly suggest.

As mentioned in your other thread, it would be simplest if you changed her to accompanying so that she gets her PR at the same time as you. She could do the landing and then return to finish her research in the US.
It takes about a year or less (usually) to sponsor your spouse, although that time can vary greatly depending on a lot of factors, so really the range is anywhere from 3 months to 3 years.
Yes, there is definitely a chance that her TRV would be rejected. My spouse was refused 4 times.

 

[manharnarang]

As mentioned in your other thread, it would be simplest if you changed her to accompanying so that she gets her PR at the same time as you. She could do the landing and then return to finish her research in the US.
It takes about a year or less (usually) to sponsor your spouse, although that time can vary greatly depending on a lot of factors, so really the range is anywhere from 3 months to 3 years.
Yes, there is definitely a chance that her TRV would be rejected. My spouse was refused 4 times.

Thanks a lot for your response. Is it really possible now to make her accompanying. If yes, can you kindly highlight the procedure or help me with any link. Would there be no need for her background check to be done and what about the fee payment for her.

 

[MilesAway]

Thanks a lot for your response. Is it really possible now to make her accompanying. If yes, can you kindly highlight the procedure or help me with any link. Would there be no need for her background check to be done and what about the fee payment for her.

Yes, it is possible. You need to notify the VO. She would need a background check as well I believe. Check the EE section of the forum for more information.

 

[manharnarang]

Yes, it is possible. You need to notify the VO. She would need a background check as well I believe. Check the EE section of the forum for more information.

Can i do this after i receive my passport stamped.
As she is in US right now, would she need a FBI clearance certificate?
Would there be any risk for my PR in case anything goes wrong?