Second sponsorship

[crystal_b]

Hello, everyone. Here is my story. I immigrated to Canada with my family and, while being a PR, got married and sponsored my husband to come to Canada. Our application was approved and he got his visa and PR and came to Canada to live with me. Our marriage lasted for 5 years. When it was clear we can not work it out, we got separated and he came back to his homecounrty. Our separation period was about 2 years. Now we are in a process of divorce. Since we have no children and we agree on all terms, and because divorcing is faster in our homecountry, we are divorcing there, not in Canada.
During our separation period I fell in love with another person and we are planning to get married and have children as soon as I get divorced. This person lives outside of Canada and I would like to sponsor him. I am a Canadian citizen now.

Here are the questions:

1. Will a divorce in our homecountry be recognized in Canada?
2. How soon after divorcecan I re-marry and apply for sponsoring my second husband? Will it be suspicious to immigration officers if I get married and apply right away?
3. Will it be suspicious to the immigration officers that I am sponsoring a second husband? Our relationship is truly geniune and there are many proofs of it.
4. If there is a time period, how long should I wait before re-marrying?

Thank you in advance for helping.

 

[Kiwi12]

I can't give you any details regarding the divorce in your home country being recognized in Canada. That is something you will have to research. If your divorce is not recognized in Canada then your future marriage will not be either.

I have read about relationships on this forum where people were still married but living commonlaw with another person whom they sponsored.

I don't see any issues provided you make sure your divorce is legal in Canada, that you have sufficient evidence to prove you were separated for two years and sufficient evidence to prove you have been having a genuine relationship with a partner whom you wish to marry.

I sponsored my second husband in 1998. The relationship lasted for 9 years up until he died. Six years later I married my third husband whom I sponsored in March of 2012, that was after a very short courtship of 4 months. The file was automatically transferred for investigation but was granted approval in principle 4 months after the transfer. On another note when the file got transferred I sent a very lengthy letter about all the things my current husband and I have in common, why we decided to marry, how we felt about being apart in addition to a great deal of ongoing supporting documentation detailing all the things we were doing together, photographs with family, letters from both sides of the family and friends from both countries, picture of animals we adopted together, financial records showing a joint bank account, insurance details, car, medical, and life, and also updated Will. I think that one of the most significant supporting documents were emails from the beginning of the relationship where we met online and then multiple emails following that which showed how the relationship progressed up until the time we met in person, then emails sent to one another once we were apart up until we reunited again. Every relationship has a story and a genuine one is easy to tell.

In your case I see no reason why you should think there needs to be a waiting period when you were already separated for 2 years. If your husband is willing to write a letter about your separation that would be even better.

The Canadian Government is not trying to keep families apart. Unfortunately, it is not always easy to recognize the fraudulent ones and oftentimes mistakes are made with the genuine ones. As you know a sponsorship can be a long and stressful haul and when it involves previous relationships, marriages and sponsorships it is not easy at all. Just be prepared.

The very best of luck to you!

 

[PMM]

Hi

Hello, everyone. Here is my story. I immigrated to Canada with my family and, while being a PR, got married and sponsored my husband to come to Canada. Our application was approved and he got his visa and PR and came to Canada to live with me. Our marriage lasted for 5 years. When it was clear we can not work it out, we got separated and he came back to his homecounrty. Our separation period was about 2 years. Now we are in a process of divorce. Since we have no children and we agree on all terms, and because divorcing is faster in our homecountry, we are divorcing there, not in Canada.
During our separation period I fell in love with another person and we are planning to get married and have children as soon as I get divorced. This person lives outside of Canada and I would like to sponsor him. I am a Canadian citizen now.

Here are the questions:

1. Will a divorce in our homecountry be recognized in Canada?
2. How soon after divorcecan I re-marry and apply for sponsoring my second husband? Will it be suspicious to immigration officers if I get married and apply right away?
3. Will it be suspicious to the immigration officers that I am sponsoring a second husband? Our relationship is truly geniune and there are many proofs of it.
4. If there is a time period, how long should I wait before re-marrying?

Thank you in advance for helping.

1. Unless one of you have been resident in the "home country" for the past year, your divorce won't be valid in Canada. From the Divorce Act for Canada.

"Recognition of foreign divorce

22. (1) A divorce granted, on or after the coming into force of this Act, pursuant to a law of a country or subdivision of a country other than Canada by a tribunal or other authority having jurisdiction to do so shall be recognized for all purposes of determining the marital status in Canada of any person, if either former spouse was ordinarily resident in that country or subdivision for at least one year immediately preceding the commencement of proceedings for the divorce."

 

[IslandAnnie]

Six years later I married my third husband whom I sponsored in March of 2012, that was after a very short courtship of 4 months.

Hope you don't mind a question Kiwi12.. how long after this marriage (with 4 month courtship) did you apply for Family Sponsorship? We also married after a courtship of 4 months, but we have been married almost 6 years and have been living together in his country (US) for 5 years. I am hoping after this long of a relationship living together, the short courtship won't be a flag. ..but you never know.

 

[Sweden]

Hope you don't mind a question Kiwi12.. how long after this marriage (with 4 month courtship) did you apply for Family Sponsorship? We also married after a courtship of 4 months, but we have been married almost 6 years and have been living together in his country (US) for 5 years. I am hoping after this long of a relationship living together, the short courtship won't be a flag. ..but you never know.

it won't be an issue. If you were married after 4 months, then applied right away, maybe you would have to justify it. But courtship of 4 months, then married for 6 years, and lived together for 5 of that, and spouse being from the US: don't even worry about it.
good luck!
Sweden

 

[IslandAnnie]

it won't be an issue. If you were married after 4 months, then applied right away, maybe you would have to justify it. But courtship of 4 months, then married for 6 years, and lived together for 5 of that, and spouse being from the US: don't even worry about it.
good luck!
Sweden

Thanks Sweden... it's the never ending wondering about what they might view as a "flag". After we applied I read on these forums about many flags/issues that came up for people, that had never entered my mind when putting together the package. (although in hindsight, I think we put together a complete package with lots of proof, in spite of our relative naivety)