Sponsoring second wife

[mosarrat]

Hi There! we were legally married in Asia 12 years ago and immigrated to canada in 2000. We are still married, but my husband has plans to --get married again and sponsor the second wife to canada---will immigration canada accept this?

 

[screech339]

Hi There! we were legally married in bangladesh in 1998 and immigrated to canada in 2004. We are still married, but my husband has plans to go to morocco--get married there and sponsor the second wife to canada---will immigration canada accept this?

Immigration will not accept this as polygamy/bigamy is illegal in Canada.

 

[zardoz]

And he'd better not try and pass her off as a "sister", "aunt", "cousin", "daughter" or anything else. CIC will not buy it...

 

[screech339]

If he does go ahead and marry a second wife, the second wife would not be able to get sponsored at all. Plus if he is still PR, he could lose his PR status as he has committed an offense punishable up to 5 years. Thus CIC can strip your husband of his PR and deport him.

 

[screech339]

And he'd better not try and pass her off as a "sister", "aunt", "cousin", "daughter" or anything else. CIC will not buy it...

Not this time around. Last time CIC allowed "cousin" which was a second wife, the first wife and 3 daughters were killed because the daughters were too "westernized".

 

[jomz]

1. Your husband will never be able to sponsor a second wife into Canada unless he marries the 2nd wife after he legally divorces the 1st wife prior to his 2nd marriage.

2. As for Moroccan Family Law. Technically he can have 2 wives, however in order to marry in Morocco:

(a) he needs to prove to the Family court in Morocco that he is of single status to get government approval for marrying a moroccan national.

(b) technically he can marry a 2nd only with permission from the first wife to marry, you would need to provide documents to that effect, however due to the fact that you and your husband are Canadian and bigamy is illegal, your husband will never obtain the permission which the Moroccan Family Court would require which has to be issued by the Canadian Embassy in Morocco.

 

[zardoz]

If he does go ahead and marry a second wife, the second wife would not be able to get sponsored at all. Plus if he is still PR, he could lose his PR status as he has committed an offense punishable up to 5 years. Thus CIC can strip your husband of his PR and deport him.

Agreed. http://yourlaws.ca/criminal-code-canada/290-bigamy

290. Bigamy
290. (1) Every one commits bigamy who

(a) in Canada,

(i) being married, goes through a form of marriage with another person,

(ii) knowing that another person is married, goes through a form of marriage with that person, or

(iii) on the same day or simultaneously, goes through a form of marriage with more than one person; or

(b) being a Canadian citizen resident in Canada leaves Canada with intent to do anything mentioned in subparagraphs (a)(i) to (iii) and, pursuant thereto, does outside Canada anything mentioned in those subparagraphs in circumstances mentioned therein.

 

[jomz]

If he does go ahead and marry a second wife, the second wife would not be able to get sponsored at all. Plus if he is still PR, he could lose his PR status as he has committed an offense punishable up to 5 years. Thus CIC can strip your husband of his PR and deport him.

Government of Morocco will not allow him to marry.

 

[screech339]

First of all, I am making an assumption that if he is still PR, not Canadian citizen, he could in theory marry a 2nd wife as he may not need Canadian government input to marry a wife in Morocco. However if husband is in fact Canadian citizen, then morocco will not allow him to get married as Morocco may want proof of "single status" from Canadian Embassy

 

[zardoz]

As per my quote above, if he is a Canadian citizen, resident in Canada, it would be illegal to marry a second wife anywhere else in the world.

It's a moot point anyway. The answer to the OP is "NO!".

 

[jomz]

Even if he is a PR, he cannot produce the following, which is required to marry in Morocco:

The case of a Moroccan wishing to marry a foreigner

For the foreign fiancé :

A certificate of capacity to contract marriage issued by the embassy or consulate representing the country of the foreign fiancé certified by the Ministry of Foreign Affairs
A copy of the act of divorce or final divorce decree if previously married
A certificate proving his profession and income
A certificate of residence issued by the country of origin or by the competent authorities of the host country if the person is resident in Morocco or in any country other than their country of origin , taking into account the period of validity
A certified copy of the deed of conversion to Islam or any other evidence proving his average Muslim
An extract of the birth certificate conforming to civil booklet
A certificate of citizenship issued by the authorities of his country or the consular authorities accredited to Morocco
A copy of the criminal record if born in Morocco or national criminal record ( Department of Justice Department of Criminal Affairs and Grace ) in case of birth abroad
A medical certificate
A copy of the first page of the passport showing the date of entry in Morocco
Four recent photos.

 

[screech339]

As per my quote above, if he is a Canadian citizen, resident in Canada, it would be illegal to marry a second wife anywhere else in the world.

Quite correct, as a Canadian citizen, he wouldn't been allowed to marry a 2nd wife anywhere unless he is divorced from his 1st wife. If he wants to do that, first he would have to legally be separated for 1 year before being granted a divorce. Only then can he married a second time.

 

[screech339]

Even if he is a PR, he cannot produce the following, which is required to marry in Morocco:

The case of a Moroccan wishing to marry a foreigner

For the foreign fiancé :

A certificate of capacity to contract marriage issued by the embassy or consulate representing the country of the foreign fiancé certified by the Ministry of Foreign Affairs
A copy of the act of divorce or final divorce decree if previously married
A certificate proving his profession and income
A certificate of residence issued by the country of origin or by the competent authorities of the host country if the person is resident in Morocco or in any country other than their country of origin , taking into account the period of validity
A certified copy of the deed of conversion to Islam or any other evidence proving his average Muslim
An extract of the birth certificate conforming to civil booklet
A certificate of citizenship issued by the authorities of his country or the consular authorities accredited to Morocco
A copy of the criminal record if born in Morocco or national criminal record ( Department of Justice Department of Criminal Affairs and Grace ) in case of birth abroad
A medical certificate
A copy of the first page of the passport showing the date of entry in Morocco
Four recent photos.

So it appears that Morocco doesn't allow bigamy/polygamy either? Is this correct?

 

[jomz]

From the Moroccan Family Code:

Article 40
Polygamy is forbidden when there is the risk of inequity between the wives. It is also
forbidden when the wife stipulates in the marriage contract that her husband will not take another wife.

Article 41
The court will not authorize polygamy:
- If an exceptional and objective justification is not proven.
- If the man does not have sufficient resources to support the two families and guarantee all maintenance rights, accommodation and equality in all aspects of life.

Article 42
In the absence of a stipulation by the wife in the marriage contract precluding polygamy, the husband wishing to resort to it must petition the court for authorization.
The authorization petition should include the exceptional and objective motives that justify the request, and attach a statement on the applicant's financial situation.

Article 43
The court summons the wife whose husband wishes to take another wife. When she
personally receives the summons and does not appear in court, or refuses to accept the summons, the court sends her a formal notice by a process server instructing her that if she does not appear at the hearing scheduled in the notice, the husband's petition will be decided in her absence.

The petition is also decided in the wife's absence when it is impossible for the Public
Prosecutor Office to ascertain her permanent address or place of residence where the
summons may be delivered.

When the wife does not receive the summons due to the mala fide transmission of a false address by the husband or the falsification of the wife's name, the husband incurs, upon request by the prejudiced wife, the penalties provided for in Article 361 of the Penal Code.

Article 44
The hearing takes place in the consultation room in the presence of both parties, and both are heard in order to reach agreement and reconcile them after an examination of the facts and the presentation of the requested justifications.

The court may authorize polygamy in a well-founded decision not open to appeal once it establishes the existence of an objective and exceptional justification and puts into place conditions benefiting the first wife and her children.

Article 45
When the court confirms in the discussions that continuation of the conjugal relationship is impossible, and where the wife whose husband wants to take another wife persists in her request for a divorce, the court determines a sum of money corresponding to the first wife's full rights as well as those of their children that he is required to support. The husband must pay the fixed sum of money within a maximum time limit of seven days. Upon submission of the requisite sum of money, the court issues the divorce decree. This decision is not open to appeal as concerns the dissolution of the marital relationship.

The non submission of the requisite sum of money within the fixed deadline is considered as a withdrawal of the polygamy authorization petition.If the husband persists in his polygamy authorization petition, and the wife to whom he wishes to join a co-wife refuses to consent and does not ask for divorce, the court automatically applies the irreconcilable differences procedure in Articles 94 and 97 below.

Article 46
If the polygamy authorisation petition is granted, the marriage with the future wife cannot be concluded until the judge has informed her that the applicant husband is already married and she has consented to this.

This notice and consent are recorded in an official report.

 

[screech339]

From the Moroccan Family Code:

Article 40
Polygamy is forbidden when there is the risk of inequity between the wives. It is also
forbidden when the wife stipulates in the marriage contract that her husband will not take another wife.

Article 41
The court will not authorize polygamy:
- If an exceptional and objective justification is not proven.
- If the man does not have sufficient resources to support the two families and guarantee all maintenance rights, accommodation and equality in all aspects of life.

Article 42
In the absence of a stipulation by the wife in the marriage contract precluding polygamy, the husband wishing to resort to it must petition the court for authorization.
The authorization petition should include the exceptional and objective motives that justify the request, and attach a statement on the applicant's financial situation.

Article 43
The court summons the wife whose husband wishes to take another wife. When she
personally receives the summons and does not appear in court, or refuses to accept the summons, the court sends her a formal notice by a process server instructing her that if she does not appear at the hearing scheduled in the notice, the husband's petition will be decided in her absence.

The petition is also decided in the wife's absence when it is impossible for the Public
Prosecutor Office to ascertain her permanent address or place of residence where the
summons may be delivered.

When the wife does not receive the summons due to the mala fide transmission of a false address by the husband or the falsification of the wife's name, the husband incurs, upon request by the prejudiced wife, the penalties provided for in Article 361 of the Penal Code.

Article 44
The hearing takes place in the consultation room in the presence of both parties, and both are heard in order to reach agreement and reconcile them after an examination of the facts and the presentation of the requested justifications.

The court may authorize polygamy in a well-founded decision not open to appeal once it establishes the existence of an objective and exceptional justification and puts into place conditions benefiting the first wife and her children.

Article 45
When the court confirms in the discussions that continuation of the conjugal relationship is impossible, and where the wife whose husband wants to take another wife persists in her request for a divorce, the court determines a sum of money corresponding to the first wife's full rights as well as those of their children that he is required to support. The husband must pay the fixed sum of money within a maximum time limit of seven days. Upon submission of the requisite sum of money, the court issues the divorce decree. This decision is not open to appeal as concerns the dissolution of the marital relationship.

The non submission of the requisite sum of money within the fixed deadline is considered as a withdrawal of the polygamy authorization petition.If the husband persists in his polygamy authorization petition, and the wife to whom he wishes to join a co-wife refuses to consent and does not ask for divorce, the court automatically applies the irreconcilable differences procedure in Articles 94 and 97 below.

Article 46
If the polygamy authorisation petition is granted, the marriage with the future wife cannot be concluded until the judge has informed her that the applicant husband is already married and she has consented to this.

This notice and consent are recorded in an official report.

So they legal it so long as the first wife consents to it and that the wives will be treated equally.