Divorce and second sponsorship

[Christina_B]

Hello

I would appreciate any advice on my situation.

I immigrated to Canada in 2003 and sponsored my husband (married in a third country) to come with me to Canada. We lived together for 7 years, but it didn't work out. We separated in 2011 (we have a signed seaparation agreement) and he left to our homecountry to be in a common-law relationship with another person. I also met somone else and we want to get married. Since my ex-husband refused to come back to Canada to divorce, I went to our homecountry and we divorced there (we are both dual citizens and both have strong connections to our homecountry).

Now I have a divorce certificate from our homecountry, translated into English and certified by notary, as well as a official divorce stamp in my homecountry passport (I had it translated as well)

I would like to get married and sponsor my new husband, who also lives outside of Canada. We have strong proof of our relantionship being genuine.


Questions -
1. What are the steps for me to make sure my divorce is recognized in Canada?
2. Can we just get married and apply for sponsorsip to Canada (provide my divorce papers, etc) or this won't be enough?
3. When is the best time to get married for me to avoid any red flags? I got official certificate of divorce in May 2013. I live together with my current fiance in our homecountry and we have many proofs of our relationship being real.


Many thanks!

 

[annabruce]

This looks like a very straight forward case. Does the person you're hoping to sponsor have any kids? Do you have any shared kids with your ex? When did your relationship with your new partner begin? So long as it started long AFTER you sponsored your EX into Canada, there really shouldn't be a problem.

 

[MilesAway]

How long were you in your home country when you got the divorce? In some of the processing manuals, I forget which ones, it states that in order for the divorce to be valid in Canada, you must have resided in that country for at least a year prior to filing for divorce. Did you or your former spouse live in that country for a year prior to filing? If yes, then you should be okay to remarry.

Other than the divorce recognition, I don't see any major issues. A really quick turnaround between divorcing and re-marrying might raise some eyebrows at the VO. So you may want to consider that when planning a wedding. Although, depending on the length of the relationship, you may be able to explain the situation and avoid problems.

To my knowledge, a foreign divorce is recognized if the above residency if met. You'll need the divorce degree, translated into English or French if applicable. Provided the new marriage is legal where it's performed, as in all the correct documents are given and any requirements met, then you shouldn't have any problems submitting your sponsorship application. You will need to provide proof of relationship and all that, but so does everyone else. Since you've already been through this, I don't think that's a surprise for you.

 

[Christina_B]

Hello and thank you for answering. No, we do not have any kids together with my ex-husband (this was actually one of the reasons why we didn't work out - my ex really did not want to have any children). Now with my current fiance, it is quite an opposite. This would be the first marriage for him and he really wants to start a family. Same for me, as I am in my early 30s and I dont want to put it away for much longer.
So for us to get married soon and start a process would be the best.

As for the residing in our homecountry - my exhusband lived there for over a year, plus we are both citizens of our homecountry. I hope this is enough.

Thank you all again

 

[BCgirl2012]

Yes, if your ex was resident in your home country for a year when you filed for divorce, it's enough. See the OP-2 (link below), section 5.33, discussing foreign divorces.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

Best wishes.

 

[Christina_B]

Thanks BCgirl

Do you know if I have to present some proof that my ex been there for a year prior divorcing?
If yes, what would be the proof? He lives with his new girlfriend and they neither rent or own (it's something like a commune for artists), so I don't think he can present any bills or anything to prove.

Many thanks

 

[aprado]

Thanks BCgirl

Do you know if I have to present some proof that my ex been there for a year prior divorcing?
If yes, what would be the proof? He lives with his new girlfriend and they neither rent or own (it's something like a commune for artists), so I don't think he can present any bills or anything to prove.

Many thanks

Hey Christina, just hoping it all worked out for you. Did you end up showing proof , or does one need to? I’m in a similar situation

 

[RandomPakistani17]

any update on this?