Sponsoring husband who was still legally married at the time of our marriage

[Landing_PR]

Would like to echo the majority above and say that your application will be rejected at Sponsorship Assessment stage based on the below sections:

12 (1) A foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

R2. “marriage”, in respect of a marriage that took place outside Canada, means a marriage that is valid both under the laws of the jurisdiction where it took place and under Canadian law

117. (1) A foreign national is a member of the family class if, with respect to a sponsor, the foreign national is

(a) the sponsor's spouse, common-law partner or conjugal partner;

117. (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if

(c) the foreign national is the sponsor's spouse and
(i) the sponsor or the foreign national was, at the time of their marriage, the spouse of another person.

I would recommend a legal marriage now to save all the extra hassle along with a rejection.

 

[sharedknowledge]

In applying, I suggest you just "ignore" the fact that your husband was married before marrying you. QED!!

 

[Bigredgal1]

Most likely yes. Doesn't matter what local rules are, Canadian rules state you can't get married if you're legally married to someone else. So your marriage is not valid to CIC.

You should get married again now that he is officially divorced to make it a legal marriage.

Or you could apply as common-law if you've been living together at least 12 consecutive months and have evidence to prove it.
[i agree]

 

[Guru99]

I am an Immigration lawyer in Halifax, Nova Scotia, Canada. I have reviewed your question, and feel that you can make a strong application for sponsoring your common-law spouse. I would advise that you do not use a consultant for this matter and that you should be using a lawyer who is experienced in dealing with these types of situations. I would be happy to assist you with your sponsorship application, and if you would like to discuss this further you may contact me by email at jaj@burnsidelaw.net

Either way, good luck with everything.

kind regards

 

[canuck_in_uk]

I am an Immigration lawyer in Halifax, Nova Scotia, Canada. I have reviewed your question, and feel that you can make a strong application for sponsoring your common-law spouse. I would advise that you do not use a consultant for this matter and that you should be using a lawyer who is experienced in dealing with these types of situations. I would be happy to assist you with your sponsorship application, and if you would like to discuss this further you may contact me by email at jaj@burnsidelaw.net

Don't resurrect old threads just to spam the forum.

 

[carolbb23]

Just doing some research and found the bold point contradicting with my case. Again it mentions that if your spouse was married to someone at the time of your marriage then you cannot sponsor even as a common-law

You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if:

you are under age 18,
you (or your sponsor) were married to someone else at the time of your marriage
you have lived apart from your sponsor for at least one year, and either you or your sponsor are the common-law or conjugal partner of another person,
your sponsor applied for permanent residence but did not include you on their application as someone who should be examined or
your sponsor has sponsored another spouse, common-law partner or conjugal partner in the past, and three years have not passed since that person became a permanent resident (or five years if your application was received on or after March 2, 2012).

if you reapplied again as common law they would have your file in the database. could be red flag and be scrutinized and a lot of interviews

 

[canuck_in_uk]

if you reapplied again as common law they would have your file in the database. could be red flag and be scrutinized and a lot of interviews

The post is from April 2016...