Unique situation with Spouse Sponsorship

[pash_2012]

So I am a Canadian citizen and had been married but separated now.

The details of my first wife had been submitted to Canadian Immigration when I applied for PR. But my first wife never accompanied me to Canada.

Now I have been separated for 5 years. No communication whatsoever. But we never got divorced. It’s very complicated she is a doctor, she didn’t wanted to move to Canada due to her studies, she cheated on me big time and she doesn’t wants to give divorce.

All these years have passed I want to get married and start my own family. As per the law of the country of my homeland, I can marry again without getting a divorce from my first wife. As it is, my first wife only wants to complicate things, and doesn’t wants to give divorce.

Anyways my question is that, since I haven’t sponsored anyone to Canada yet, will I be able to sponsor my second wife to Canada. The main issue is that as per Canadian Immigration I am already in marriage to my first wife, since I submitted her details at the time of getting my PR 5 years ago, so will I be able to sponsor my second wife now!!!

 

[Justme221]

Like you said yourself. You submitted her details as spouse when you applied for your PR 5 years go even though you didn’t file for her yet. Brother definitely you need to provide the divorced certificate for her. Don’t complicate issue here. Get the divorce before you apply with your current wife. They would ask about her.

 

[ttanin]

You live in Canada, you need to file divorce in Canada. It will likely be a contested divorce as she does not agree to divorce. You have not lived together for so many years and assuming she has no children, divorce will be get granted. She could hire a Canadian lawyer and slow things down, but eventually you will be granted a divorce. And then you are free to sponsor anyone to Canada. The country you are from may not recognize the Canadian divorce, so what. You will be divorced here and free to do what you want.

 

[pash_2012]

Thank you for such prompt responses.
Once I get a divorce from her, and I get the divorce certificate, the next step would be to submit the certificate to Canada immigration I am guessing.
Is there a cool off period, if waiting period, until I start sponsor process for my new wife?

PS: From other posts I understand if I had sponsored my first wife, then I had to wait 3 years, I am not sure if the 3 years is after the sponsorship date or the divorce date. Anyways regardless of that, I haven’t sponsored anyone yet. So do I still have to wait?

 

[scylla]

Thank you for such prompt responses.
Once I get a divorce from her, and I get the divorce certificate, the next step would be to submit the certificate to Canada immigration I am guessing.
Is there a cool off period, if waiting period, until I start sponsor process for my new wife?

PS: From other posts I understand if I had sponsored my first wife, then I had to wait 3 years, I am not sure if the 3 years is after the sponsorship date or the divorce date. Anyways regardless of that, I haven’t sponsored anyone yet. So do I still have to wait?

This isn't quite right.

You have to start by officially divorcing your first wife. That is the very first step.

Once you have officially divorced your first wife and have all of the legal paperwork finalied, you can then marry your new wife. Make sure you do not marry your new wife before officially finalizing your divorce or IRCC will not recognize your second marriage.

Once you are remarried, submit the paperwork to IRCC to sponsor your new spouse for PR. You will need to include the divorce certificate for your first marriage. There is no cooling off period, especially given you've been separated from your first spouse for years. The 3 year rule does not apply to you.

 

[armoured]

Thank you for such prompt responses.
Once I get a divorce from her, and I get the divorce certificate, the next step would be to submit the certificate to Canada immigration I am guessing.
Is there a cool off period, if waiting period, until I start sponsor process for my new wife?

PS: From other posts I understand if I had sponsored my first wife, then I had to wait 3 years, I am not sure if the 3 years is after the sponsorship date or the divorce date. Anyways regardless of that, I haven’t sponsored anyone yet. So do I still have to wait?

There is no waiting period that applies. But it is absolutely essential that you not get re-married until AFTER you get divorced.

If you did that before a divorce, that marriage would be considered invalid in Canada.

 

[armoured]

Thank you for such prompt responses.
Once I get a divorce from her, and I get the divorce certificate, the next step would be to submit the certificate to Canada immigration I am guessing.

To clarify two things:
-you will need to submit information including the divorce documents only when you apply to sponsor your (new) spouse. There's no meaningful way to submit to IRCC before then. (You may need the divorce documents to get re-married, depending on where).

-As you are resident in Canada, you can get divorced here even though your ex-spouse lives abroad. It has to be done through the province in which you reside and basically you will need a lawyer. Having lived apart for more than a year is sufficient grounds. But you will need to file (attempt to file) service to your ex-spouse, with a waiting period for the spouse to respond - the specifics of how that are done are quite important, and if not done properly, the court will not accept the divorce petition. (How it's handled if the spouse decides to fight it can also be complex - i.e. another reason you will need a lawyer).