Spouse has dual -citizenship, some confusion, please help

[xrisoula]

Hi everyone. This is my first post in this super-helpful forum, hopefully this is not too confusing a situation. So, I am a Canadian citizen recently moved back to Canada as I am pregnant with my fiancee´s baby. He has dual-citizenship, Argentinian and Italian passports. He was born in Argentina and living the past 14 years in Spain as a Spanish resident. He has never even been to Italy but does most of his travels with his Italian passport as it does not require a visa to enter Canada. He is in Canada as a visitor and would like to stay as a visitor with the option to travel to visit his family, so we are doing Outland spousal sponsorship.

I would like to know if he can apply through the visa office in Italy? He is an Italian citizen but has never even been there. I know he can apply through Paris VO as Paris deals with Spanish applications because he is technically a resident of Spain (though we will use his Canadian address for the Ouland application) right? We need to register his Argentinian divorce in Italy before we can proceed as he is still registered as Married in Italy and we will be using his Italian passport (not Argentinian) do complete the application, though we will include a copy of his Argentine passport in the application. The Italian consulate in Spain is giving us a hard time to register his divorce there because he is in Canada (though only as a tourist) and the Italian consulate in Toronto is saying it is up to the consulate in Madrid as that is where he is registered. If we get married without him being registered in Italy as divorced (though he is registered as divorced in Argentina where the married and divorce took place) I understand it could be considered bigamy as he is technically married.

This is very confusing and if anyone has any info that can help me that would be awesome. I am giving up on doing the application through Spain as they are giving me such problems to register his divorce and if I am able to go through Italy, I might be able to register him at the Italian consulate in Toronto as Intending to Reside within their Canadian jurisdiction, in which case they can help him with registering his divorce BUT if he is registered with the Italian consulate as residing in Canada will this be an issue for the Outland application?

 

[scylla]

The application will be sent to Mississauga (all applications are sent there first). CIC will decide which local visa office actually processes the application - unfortunately this isn't up to you.

 

[canuck_in_uk]

This is very confusing and if anyone has any info that can help me that would be awesome. I am giving up on doing the application through Spain as they are giving me such problems to register his divorce and if I am able to go through Italy, I might be able to register him at the Italian consulate in Toronto as Intending to Reside within their Canadian jurisdiction, in which case they can help him with registering his divorce BUT if he is registered with the Italian consulate as residing in Canada will this be an issue for the Outland application?

As said above, IRCC chooses where to send the app. It doesn't have anything to do with his registration with any of the Italian consulates. IRCC will not care about that.

 

[zacklib]

You heard them ☝ CIC will choose which VO to send your application.

Hi everyone. This is my first post in this super-helpful forum, hopefully this is not too confusing a situation. So, I am a Canadian citizen recently moved back to Canada as I am pregnant with my fiancee´s baby. He has dual-citizenship, Argentinian and Italian passports. He was born in Argentina and living the past 14 years in Spain as a Spanish resident. He has never even been to Italy but does most of his travels with his Italian passport as it does not require a visa to enter Canada. He is in Canada as a visitor and would like to stay as a visitor with the option to travel to visit his family, so we are doing Outland spousal sponsorship.

I would like to know if he can apply through the visa office in Italy? He is an Italian citizen but has never even been there. I know he can apply through Paris VO as Paris deals with Spanish applications because he is technically a resident of Spain (though we will use his Canadian address for the Ouland application) right? We need to register his Argentinian divorce in Italy before we can proceed as he is still registered as Married in Italy and we will be using his Italian passport (not Argentinian) do complete the application, though we will include a copy of his Argentine passport in the application. The Italian consulate in Spain is giving us a hard time to register his divorce there because he is in Canada (though only as a tourist) and the Italian consulate in Toronto is saying it is up to the consulate in Madrid as that is where he is registered. If we get married without him being registered in Italy as divorced (though he is registered as divorced in Argentina where the married and divorce took place) I understand it could be considered bigamy as he is technically married.

This is very confusing and if anyone has any info that can help me that would be awesome. I am giving up on doing the application through Spain as they are giving me such problems to register his divorce and if I am able to go through Italy, I might be able to register him at the Italian consulate in Toronto as Intending to Reside within their Canadian jurisdiction, in which case they can help him with registering his divorce BUT if he is registered with the Italian consulate as residing in Canada will this be an issue for the Outland application?

 

[xrisoula]

Thanks so much everyone. I thought we would have to choose where it is sent. But I guess not, kinda takes some pressure off if it is out of our hands.

Anybody have some experience with multiple passports and even a different country of residence? Where did they send your files? Country of birth? Of nationality? Or even country of residence?

 

[canuck_in_uk]

Thanks so much everyone. I thought we would have to choose where it is sent. But I guess not, kinda takes some pressure off if it is out of our hands.

Anybody have some experience with multiple passports and even a different country of residence? Where did they send your files? Country of birth? Of nationality? Or even country of residence?

It's usually sent to the country of nationality. In the case of dual citizens, it's usually sent to the country where the applicant has actually lived more.

 

[scylla]

Thanks so much everyone. I thought we would have to choose where it is sent. But I guess not, kinda takes some pressure off if it is out of our hands.

Anybody have some experience with multiple passports and even a different country of residence? Where did they send your files? Country of birth? Of nationality? Or even country of residence?

His application is almost certainly going to be routed to the VO responsible for Argentina. I would make that assumption.