Tough Situation - any advice?

[crazydesifool]

I am asking this for someone I know.

He is a canadian citizen for 20 years now. After his divorce in 2010, he married a pakistani lady over phone (proxy marriage), after that he sponsored his wife in 2011 and it was in processing for 5 years and it was finally refused last year. Now he is planning to sponsor again with a new application, however a major hurdle for him is when he did a proxy marriage in 2010, cic was accepting proxy marriage but after the revise of rule in 2015, they no longer accept proxy marriage.. he cannot marry the same lady again as pakistani law states that he has to divorce his wife first and then she should marry someone else, later the new groom should divorce her and then they can remarry, which is a hassle for him. I want to know, is there any other way around for this? Does cic accept proxy marriages before the law was changed? can he make an affidavit from pakistan? thank you.

Note that, after his marriage in 2010, he visited pakistan and they stayed together for 9 months on one visit and a couple of months for other visit. they have pictures together and other evidences

 

[jomz]

I am asking this for someone I know.

He is a canadian citizen for 20 years now. After his divorce in 2010, he married a pakistani lady over phone (proxy marriage), after that he sponsored his wife in 2011 and it was in processing for 5 years and it was finally refused last year. Now he is planning to sponsor again with a new application, however a major hurdle for him is when he did a proxy marriage in 2010, cic was accepting proxy marriage but after the revise of rule in 2015, they no longer accept proxy marriage.. he cannot marry the same lady again as pakistani law states that he has to divorce his wife first and then she should marry someone else, later the new groom should divorce her and then they can remarry, which is a hassle for him. I want to know, is there any other way around for this? Does cic accept proxy marriages before the law was changed? can he make an affidavit from pakistan? thank you.

Note that, after his marriage in 2010, he visited pakistan and they stayed together for 9 months on one visit and a couple of months for other visit. they have pictures together and other evidences

Solution is very simple. Law states that he can divorce and remarry same woman 2 times and she does not have to marry another man in the process. Only if he divorce the same woman a 3rd time and wants to marry her again she would have to marry someone else before she can get remarried.

 

[canuck_in_uk]

I want to know, is there any other way around for this? Does cic accept proxy marriages before the law was changed? can he make an affidavit from pakistan? thank you.

Note that, after his marriage in 2010, he visited pakistan and they stayed together for 9 months on one visit and a couple of months for other visit. they have pictures together and other evidences

No, there is no way around it. He needs to marry her properly. If she cannot get a TRV to come to Canada to get married, then they should look at going to a third country.

 

[scylla]

He has two choices:

1) Get married again and this time do it in person.
2) Live with her for one year continuously and then sponsor her through common law. Note that the previous 9 months they spent together cannot be counted towards this year. The one year has to be continuous.

 

[Aquakitty]

He visited her for 9 months in 5 years? I assume that had something to do with the refusal....

I suggest he build a much stronger case before attempting to re-apply. And I agree as the others have said he will have to get remarried somehow (perhaps in another country?) or live together for 1 full year.

 

[canadianwoman]

I suggest he and his wife go to another country and get married in a civil ceremony.

He should try to strengthen their proof the relationship is genuine as well - so a trip to go see her, and a trip to another country together, would help in any case.

 

[crazydesifool]

Thank you all for your replies, I have been doing some research for him.. I want to ask, can he go for conjugal relationship stating, he can't remarry as he already married her but CIC doesn't recognize this.. and he can also show their talks, visits, receipts of their gold purchase, electronics etc and other things too.

So, can he go for conjugal relationship?

 

[AmandaCanDR1]

5 years to process why was it that long?

 

[canuck_in_uk]

Thank you all for your replies, I have been doing some research for him.. I want to ask, can he go for conjugal relationship stating, he can't remarry as he already married her but CIC doesn't recognize this.. and he can also show their talks, visits, receipts of their gold purchase, electronics etc and other things too.

So, can he go for conjugal relationship?

They first need to attempt to get married properly. She needs to try for a TRV to come to Canada. If she isn't appoved, they need to look at going to another country to get married. If that doesn't work, then they can try for conjugal, though I honestly don't believe that it would be successful.

 

[crazydesifool]

They first need to attempt to get married properly. She needs to try for a TRV to come to Canada. If she isn't appoved, they need to look at going to another country to get married. If that doesn't work, then they can try for conjugal, though I honestly don't believe that it would be successful.

That's what I told him, conjugal is not an option. He said he cannot get married again in Pakistan unless he divorces her first, as they were already issued a certificate. Probably, they should either marry at a different place or something like that.

 

[crazydesifool]

5 years process why was it that long?

His file was misplaced for couple of years and after repeated calls and emails through local MP, he got officers to get hold of his file.

 

[jomz]

Thank you all for your replies, I have been doing some research for him.. I want to ask, can he go for conjugal relationship stating, he can't remarry as he already married her but CIC doesn't recognize this.. and he can also show their talks, visits, receipts of their gold purchase, electronics etc and other things too.

So, can he go for conjugal relationship?

Sure he can try, especially if he thinks that the visa officers are stupid and don't know Pakistani laws. As I said in my prior post he can divorce and remarry his wife without any issues or impediments (and without her having to marry someone and divorce before they remarry, that is if this is only his 1st or 2nd divorce from his wife, only if he divorced the same wife a 3rd time she would be required to marry with another man prior to marrying ur friend a 4th time). Conjugal will likely fail as there is no real barrier for them to marry legally or become common law

 

[crazydesifool]

Sure he can try, especially if he thinks that the visa officers are stupid and don't know Pakistani laws. As I said in my prior post he can divorce and remarry his wife without any issues or impediments (and without her having to marry someone and divorce before they remarry, that is if this is only his 1st or 2nd divorce from his wife, only if he divorced the same wife a 3rd time she would be required to marry with another man prior to marrying ur friend a 4th time). Conjugal will likely fail as there is no real barrier for them to marry legally or become common law

I told him the exact thing of what you said here, he replied back saying he can't just divorce her once and re marry as legally they can still live together, for a new marriage certificate to be given to them he said he has to divorce her thrice and then marry her..

 

[jomz]

I told him the exact thing of what you said here, he replied back saying he can't just divorce her once and re marry as legally they can still live together, for a new marriage certificate to be given to them he said he has to divorce her thrice and then marry her..

That's not how it works. He can divorce once, after 3 months (mandatory waiting period) they can get married with a new marriage contract and he will have pay dowry to her again. It's fairly cheap to get advice of lawyer in Pakistan, and or imam. They will explain to him how it works.

 

[AmandaCanDR1]

crazydesifool wow he surely is perseverant! Hoping his perseverance will maybe pay off.