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CAN I SPONSOR MY HUSBAND AGAIN AFTER DIVORCING HIM IN CANADA?

clutchshooter

Full Member
Jul 29, 2011
43
1
TORONTO
Job Offer........
Pre-Assessed..
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24-09-2009
LANDED..........
26-09-2012
Thank you. I think they will consider my ex husband bec we have a minor son. I need to write the Immigration about the situation.
 

fernendez

Hero Member
Sep 26, 2010
542
14
Like Charlie already advised,this is a very complicated situation and would be easily considered ads MOC. The salient questions are thus:
(1) Was the decision to divorce was mutual from the onset.
(2)Why the sudden Change of mind on divorce when it is not something that must have been done in a day
(3) What is the justification for re-union when you might easily divorce again in the future after he gets into the country
(4)Can a relationship like this be trusted?
(5) Does Canadian Law allow remarrying same spouse after divorce?

Personally, i would believe this would be a straight refusal but you never can tell. It is always good to think about the long trm effects of any action in marriage.
 

clutchshooter

Full Member
Jul 29, 2011
43
1
TORONTO
Job Offer........
Pre-Assessed..
App. Filed.......
24-09-2009
LANDED..........
26-09-2012
is there any possibilities that i can still sponsor him??
 

clutchshooter

Full Member
Jul 29, 2011
43
1
TORONTO
Job Offer........
Pre-Assessed..
App. Filed.......
24-09-2009
LANDED..........
26-09-2012
Where can I ask for help regarding this matter?

Do I have to write to the Immigration in Vegreville to ask if there is any possibilty I could sponsor him again?
 

Steph C

VIP Member
Nov 11, 2009
3,052
71
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Manila
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App. Filed.......
April 30 2012
Doc's Request.
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You can't re-marry him in the Philippines because you are already married there. And I doubt he could get a visitor's visa to marry you in Canada since it's very difficult for a member of a couple to get a visitor's visa. If your family is really your priority I would suggest going back to the Philippines and living 'common law' with him for a year. Maybe do a church wedding if you haven't already, or a renewal of vows. Then build up proof of your relationship to be able to re-apply.
 

iluvcanada77

Star Member
Apr 2, 2011
69
0
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-Oct-2010
AOR Received.
26-Nov-2010 In Process
Med's Done....
01-Sep-2010
LANDED..........
27-Feb-2012
clutchshooter said:
i'm here i Canada almost 5 years now and just waiting for m permanent residence asap.. thanks
Hmmm...Interesting. Well first of all, I don't think this would be seen as marriage of convenience. Absolutely no way! You were married once before and have a child together. Not your typical marriage of convenience -- Especially here where divorces are the norm of the day. I wouldn't even go as far as talking to lawyers. Just re-marry, apply and make sure you have a solid application, supporting documents and what not!

I don't understand what you mean by "you've been in Canada almost 5 years and just waiting for you're permanent residence asap". I might be missing what you're trying to mean but you obviously must be a PR or citizen in order to sponsor a spouse.

What you need to be more concerned about is how to go about you're re-marriage and making sure CIC
 

iluvcanada77

Star Member
Apr 2, 2011
69
0
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-Oct-2010
AOR Received.
26-Nov-2010 In Process
Med's Done....
01-Sep-2010
LANDED..........
27-Feb-2012
clutchshooter said:
i'm here i Canada almost 5 years now and just waiting for m permanent residence asap.. thanks
Hmmm...Interesting. Well first of all, I don't think this would be seen as marriage of convenience. Absolutely no way! You were married once before and have a child together. Not your typical marriage of convenience -- Especially here where divorces are the norm of the day. I wouldn't even go as far as talking to lawyers. Just re-marry, apply and make sure you have a solid application, supporting documents and what not!

I don't understand what you mean by "you've been in Canada almost 5 years and just waiting for you're permanent residence asap". I might be missing what you're trying to mean but you obviously must be a PR or citizen in order to sponsor a spouse.

What you need to be more concerned about is how to go about your re-marriage and making sure CIC recognizes it.
 

rjessome

VIP Member
Feb 24, 2009
4,354
213
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iluvcanada77 said:
Hmmm...Interesting. Well first of all, I don't think this would be seen as marriage of convenience. Absolutely no way! You were married once before and have a child together. Not your typical marriage of convenience -- Especially here where divorces are the norm of the day. I wouldn't even go as far as talking to lawyers. Just re-marry, apply and make sure you have a solid application, supporting documents and what not!

I don't understand what you mean by "you've been in Canada almost 5 years and just waiting for you're permanent residence asap". I might be missing what you're trying to mean but you obviously must be a PR or citizen in order to sponsor a spouse.

What you need to be more concerned about is how to go about your re-marriage and making sure CIC recognizes it.
Actually, it would depend on the impact the divorce had on her application for permanent residence. It could be determined to be a "divorce of convenience". For example, I'm just guessing but she is likely a Live In Caregiver which would explain the length of time it took to become a PR. If her husband was medically inadmissible and she divorced him to allow for the continuation of her PR application because he is now removed and does not make her inadmissible, the divorce and a re-marriage and sponsorship under the family class would be seen as one of convenience for him to gain status through a less stringent class of immigration, i.e. she remarries him to sponsor him under the family class where spouses/partners are exempt for the excessive demand stipulation of medical inadmissibility. CIC would not allow this.

However, if there was no issue like this, then she may be able to sponsor him once she becomes a permanent resident. But this is a complicated issue so she should have some legal advice. Now, if she has not yet received her own PR and wants to remarry him to add him back onto her application currently in process, that is another ball of wax. Complicated as well but not impossible.

In both scenarios the VO is going to carefully scrutinize the relationship to ensure the re-marriage is genuine with the intention of remaining in a conjugal relationship.
 

Morlon

Star Member
May 7, 2012
53
0
Toronto, On
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POS
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I dont know, cant she do a conjunctional sponsorship?
 

visita44

Hero Member
Jun 3, 2011
202
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Vegreville
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Mar 4, 2011
Med's Done....
Jan 27, 2011
Interview........
Mar 13, 2012
LANDED..........
Mar 13, 2012
When you applied for PR, did you applied as divorced/single or in a relationship with someone here in Canada ?
 

scylla

VIP Member
Jun 8, 2010
93,150
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Toronto
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Buffalo
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clutchshooter said:
What is conjunctional sponsorship
Forget about conjugal. It won't work and doesn't apply in your case.
 

sunsun

Hero Member
Apr 20, 2012
590
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Since you are in Toronto,you can call The Call Center Agent and ask an immigration lawyer or family lawyer.