Sponsorship Dilemma - Married to a Married Person

[Shrin]

I badly need some advice as my case is really complicated and it’s very confusing.

My naturalized Canadian husband and I got married early this year in my country.

Recently, we submitted a spousal sponsorship living outside Canada.

The immigration asked him to submit divorce paper which we were dumbfounded as we both knew he was never married but was in a common-law relationship with his ex when he entered Canada together with her as immigrants from Europe.

But when we dug further and contacted his ex, we discovered she took a marriage certificate from the province office back in his home country without him knowing to apply for visa as a married couple.

In his country, you can get a marriage certificate without having the ceremony after living together for years.

But my husband had no knowledge of it as it was his ex who filled out all the immigration papers back then.

When we got married we were able to secure a certificate of his single status from his hometown’s city hall.

It was only now that he knew about the existence of the marriage contract his ex got.

Question:

1. Is it better to withdraw his sponsorship? What’s the implication if we reapply in the future once we got everything settled?

2. The immigration ask to explain in writing if he can’t produce divorce paper.

Can we give a thorough explaining of his circumstances?

Or should we just leave it hanging and let them cancel the application until the deadline expires?

Please help!

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

It is important to get some definitive information regarding this situation.

According to the CIC OP 2 Processing Members of the Family Class Operations Manual regarding potentially polygamous marriages,

Polygamous marriage (bigamy)

Polygamous marriages and potentially polygamous marriages occur when either of the participants already has a spouse, and has gone through or intends to go through a further marriage ceremony without divorcing.

For Canadian immigration purposes, R117(9)(c)(i) excludes from recognition marriages that took place when the sponsor or spouse was married to another person. Therefore, the first marriage is the only one that can potentially be recognized.

See also Section 13.2below.

It also states,

13.2. Polygamous marriages

Officers must counsel both parties that polygamy is an offence under the Criminal Code of Canada.

R117(9)(c)(i) states that a spouse is not a member of the family class if the spouse or sponsor was already married to another person at the time of the subsequent marriage. This regulation prohibits a second (or third, etc.) wife from being recognized as a spouse within the family class and provides that only the first marriage may potentially be recognized for immigration purposes.

In order for the first marriage to be recognized as legally valid under Canadian law, the couple must live together in a monogamous marriage in Canada. Common law imparts that a polygamous marriage can be converted into a monogamous marriage provided that the couple live together in a monogamous relationship from the time of arrival in Canada. This conversion is effected by the stated intention of the parties to so convert their marriage, followed by some factual evidence that they have complied—usually by divorcing the other spouses and/or by a remarriage in a form that is valid in Canada.

Note: The Department cannot require divorce(s) and remarriage. However, officers can ask for evidence that the parties have converted their marriage to a monogamous one and can explain what might constitute such evidence.

The decision to refuse must be based on the balance of all evidence, and not solely because the applicant did not obtain a divorce. The parties must understand that refusal to provide such evidence may result in a refusal of their application.

[…]

Because a subsequent marriage (where the first is continuing) is not valid in Canadian law, persons in such a scenario would be considered as single in law and thus, they would have to remarry to be considered married under Canadian law.

It is best that you contact the Citizenship and Immigration Canada (CIC) Call Centre directly for some instruction regarding what they are requesting regarding your application.

You may also want to contact a Lawyer who is familiar with immigration and sponsorship related issues for some assistance.

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.

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

[Shrin]

Hi, Anna!

Thank you for your insight with regards to my situation. My husband has been trying to contact CIC to seek clarity and advice on the necessary steps we need to take.

Once again, thank you!

[SettlementOrgMod]

Hello,

You are very welcome! It is our pleasure.

We hope that your husband is able to get through to the the CIC Call Centre for some information specific to your situation.

We have had some of our users of the Settlement.Org Discussion Forum state that they have been able to get through to the the CIC Call Centre by dialing right at 8am, when the lines open.

Keep trying as it is possible to get through and speak to someone, it may just take some time.

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.

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