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Remarriage after divorce

Winter2024

Newbie
Oct 28, 2023
2
0
Hi, I sponsored my spouse to canada in 2018 and we got our Permanent residency in 2020.We recently got divorced in September 2023.How long i have to wait to sponsor my second spouse if i remarry.
 

scylla

VIP Member
Jun 8, 2010
93,614
20,920
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi, I sponsored my spouse to canada in 2018 and we got our Permanent residency in 2020.We recently got divorced in September 2023.How long i have to wait to sponsor my second spouse if i remarry.
Three years from the date your first spouse landed and became a PR in Canada.
 
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YVR123

VIP Member
Jul 27, 2017
6,840
2,617
Hi, I sponsored my spouse to canada in 2018 and we got our Permanent residency in 2020.We recently got divorced in September 2023.How long i have to wait to sponsor my second spouse if i remarry.
Did you actually sponsor your spouse? Cos if you did, you and your spouse won't "get your PR at the same time".
Did you apply for PR and included your spouse as dependent in your PR application? In that case, you do not need to wait for the undertaking. (3 years) Because you didn't sponsor.
 

Winter2024

Newbie
Oct 28, 2023
2
0
Hi, i came as an internet student and then he came after me on a work visa. We applied for our PR at the same time.He was my dependent in my PR application.
 

YVR123

VIP Member
Jul 27, 2017
6,840
2,617
Hi, i came as an internet student and then he came after me on a work visa. We applied for our PR at the same time.He was my dependent in my PR application.
Then you never sponsored him. So you are free to sponsor your new spouse.
 

armoured

VIP Member
Feb 1, 2015
15,901
8,075
Hi
I want to confirm one thing my spouse sponsor me on 2023 I am permanent resident here now i am separated from him.. if i plan for remarry after divorce with a person who is already in canada and he is on study permit..what will be his status after marry with me because his visa expired on 2025…
Your potential-future spouse would not automatically get any kind of status in Canada just because of marriage; would have to be sponsored by you. (Or get status some other way)

BUT: if you became a PR by being sponsored by your previous spouse, you won't be eligible to sponsor for some period of time:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html
 
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YVR123

VIP Member
Jul 27, 2017
6,840
2,617
Hi
I want to confirm one thing my spouse sponsor me on 2023 I am permanent resident here now i am separated from him.. if i plan for remarry after divorce with a person who is already in canada and he is on study permit..what will be his status after marry with me because his visa expired on 2025…
There is no status change after him getting married with you. Getting married with a PR do not give any special status to the spouse. His status will expired on 2025 (or before depending on what permit he has)

Since you were sponsored and landed on 2023 (I assumed), you won't be able to sponsor anyone until 5 years from your landing (i.e. likely after 2028).

Specific info from the link provided by another member.
You may not be eligible to sponsor your spouse, partner if you:
  • were sponsored by a spouse or partner and you became a permanent resident less than 5 years ago
 
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Spreet kaur

Newbie
Jun 3, 2024
2
0
There is no status change after him getting married with you. Getting married with a PR do not give any special status to the spouse. His status will expired on 2025 (or before depending on what permit he has)

Since you were sponsored and landed on 2023 (I assumed), you won't be able to sponsor anyone until 5 years from your landing (i.e. likely after 2028).

Specific info from the link provided by another member.
You may not be eligible to sponsor your spouse, partner if you:
  • were sponsored by a spouse or partner and you became a permanent resident less than 5 years ago
then how we can live together after marriage if his visa expired .. or we have option to extend his visa
 

YVR123

VIP Member
Jul 27, 2017
6,840
2,617
then how we can live together after marriage if his visa expired .. or we have option to extend his visa
This rule is to put in place for people who were sponsored by their spouse and then quickly left their spouses and remarried and bring in another person.

It's less than a year since you landed (sponsored by your spouse) and you are already divorced and planned to remarry. Typically, couples need to be separated for 1 year before they can be divorced.

You choice to live with your new spouse could be stay for 3 years, apply for citizenship, then leave to live with your spouse and apply inland after 5 years wait is over. Then enter after your spouse gets the approved PR.
Or your spouse could apply on his own. Since he is a student and hopefully will have PGWP after he graduate. He can look into economic stream and apply with his work experience, job offer...etc.

You give up your PR (renounce) and move with your spouse and then apply again with him with your work experience/education...etc. Then you can include him as your dependent in your application.
You may not be likely to stay in Canada during that process unless him has PGWP or other work permit after he graduated and continue to stay in Canada.
 

YVR123

VIP Member
Jul 27, 2017
6,840
2,617
My concern is if i remarry with a person who is on study permit his study will finish on feb in between we are planning for marriage if i marry with him he is eligible to stay with me or not … if his visa will expired he have to left canada or there is any option that we live together… and i came on may 1 year is done to live in canada
We already answered. There is NOTHING you can do just by marrying him.
Getting married won't extend his study permit or extend his stay as visitor.

He could apply to extend his stay as visitor. BUT being married to a PR who cannot sponsor him is NOT a good reason to extend his status as visitor because IRCC knows that he will not leave Canada because he will have family tie in Canada.

The part I don't understand is that most students on study permit would have applied via a program/school that will provide work permit after. Or possibility of economic stream for immigration (e.g. master for some post grad provincial stream). So he is on a program that gives him nothing after he graduated in Feb 2025?

You came on May 1 2023 being sponsored by your ex spouse and you are already divorced Jun 2024?
Did your relationship break down before you landed? If so, you may have already committed misrepresentation when you land.
 

YVR123

VIP Member
Jul 27, 2017
6,840
2,617
He have one year course then might be he to take again study because in one year study there is no work permit… and you know after divorce he is one of that person he give me reason to live again because my x husband he did physical abuse with me my in laws come with me they all are did fight with me without any reason .. i am so depressed on that time my aunt came to help me then i move on from there .. now if i remarry with him i cant live without him a single day … thats why i am so worried what should i do that we live together or not can we will extend his visa as a visitor. But he cant work right ?
I am sorry that happened to you. abuse is bad. You should report your ex so that he will be charged and cannot sponsor another victim to Canada.

Visitor cannot work.
Not sure about the one year course (some of them do have work permit).
You could try to extend his visa as a visitor but that's uncertain if it will be approved since he has strong tie in Canada.
I think he best chance is to apply to study with a program that will give him work permit (PGWP) and he could find jobs after and apply to immigrate on his own (and stay in Canada with you).
 

Spreet kaur

Newbie
Jun 3, 2024
2
0
I am sorry that happened to you. abuse is bad. You should report your ex so that he will be charged and cannot sponsor another victim to Canada.

Visitor cannot work.
Not sure about the one year course (some of them do have work permit).
You could try to extend his visa as a visitor but that's uncertain if it will be approved since he has strong tie in Canada.
I think he best chance is to apply to study with a program that will give him work permit (PGWP) and he could find jobs after and apply to immigrate on his own (and stay in Canada with you).
On that time i was totally new in canada i didn’t know about anything here they took my cell phone as well from me .. so there is no way to complain n all things… i think he could live with me on visitor visa …I think there is some way that we live together because everyone know after marriage we cant live alone.. thats will very tough for both of us i live here nd he live far
 
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canuck78

VIP Member
Jun 18, 2017
53,253
12,855
On that time i was totally new in canada i didn’t know about anything here they took my cell phone as well from me .. so there is no way to complain n all things… i think he could live with me on visitor visa …I think there is some way that we live together because everyone know after marriage we cant live alone.. thats will very tough for both of us i live here nd he live far
It is not that uncommon for spouses to have to be separated for a long period while in Canada. If you can’t be separated after marriage delay the marriage for a few years.
 

YVR123

VIP Member
Jul 27, 2017
6,840
2,617
On that time i was totally new in canada i didn’t know about anything here they took my cell phone as well from me .. so there is no way to complain n all things… i think he could live with me on visitor visa …I think there is some way that we live together because everyone know after marriage we cant live alone.. thats will very tough for both of us i live here nd he live far
IMO, it may not be true and l was being polite before and didn't spell it out. It's unlikely that his stay will be extended as visitor so he can stay after his study permit expired.
He has strong tie in Canada and not so in his home country. His chance of overstaying in Canada is high.
If he is being refused, he will need to leave right away. So again, it may be the best for him to look into immigrate on his own. (better study program, getting PGWP, apply for him on his own...etc.)