Can i sponsor my conjugal partner outside canada if he is married to another woman backhome but he is separated for 10 yrs? Does he needs to file annulment first?
Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in finding some information regarding your situation.
You can find some detailed information in the Immigration, Refugees and Citizenship Canada (IRCC) OP 2 Processing Members of the Family Class Operations Manual in the 5.49. What happens if the conjugal partner (principal applicant) is married to another person? section.
Here is an excerpt,
5.49. What happens if the conjugal partner (principal applicant) is married to another person?
Persons who are married to third parties can be considered conjugal partners provided their marriage has broken down and they have lived separate and apart from their spouse for long enough to establish a conjugal relationship with another person. In this case, they must have separated from the legally married spouse and established a conjugal relationship with the conjugal partner and been in that relationship for at least one year. A conjugal relationship cannot be legally established where one or both parties continue in a conjugal relationship with their spouse.
Establishing a conjugal relationship takes a period of time; it is expected that the date from which the conjugal relationship exists will be some reasonable time after separation from the legally married spouse has occurred. Although a couple in a conjugal partner relationship might have known one another while one or both was still with their legally married spouse, they could not be in a conjugal relationship until there was a separation from the legally married spouse and the new conjugal relationship established. See also What happens if a common-law partner (principal applicant) is married to another person, Section 5.38 above.
The conjugal partner must satisfy an officer that they are separated from and no longer cohabiting with the legal spouse. Evidence may be in the form of a signed formal declaration that the marriage has ended and that the person has entered into a conjugal partner 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 will not be examined and therefore is not a member of the family class. This spouse cannot subsequently be sponsored by the principal applicant [see R117(9)(d)].
It may be helpful if you contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly to see if they can provide any additional information specific to your situation.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
=====Settlement.Org Content and Information/Referral Specialist, CIRSSettlement.Org