Currently Married and Also Have a Conjugal Partner

[user1]

I have a conjugal partner in India and I am a married woman, could I sponsor him before my divorce or after?

And I also need to consult an advocate to discuss this matter in detail.

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

You can find some detailed information regarding this type of situation in the the CIC OP 2 Processing Members of the Family Class Operations Manual.

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)].

You may want to speak to a Lawyer who is familiar with Canadian immigration issues for information regarding 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.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org