Spouse sponsorship refusal

[Sanamkhan]

Hi everyone,
I would really appreciate some advice from anyone who has experience with similar cases.
I am a Canadian citizen sponsoring my husband through the Family Class (outland application). Our application was submitted on November 24, 2025.
Procedural Fairness Letter (PFL)
In March 2026, we received a Procedural Fairness Letter (PFL). The officer's main concerns were:

My husband and I had a religious Nikah in July 2019, while he was still legally married to his first wife.
His divorce was not legally finalized until September 2025.
We did not declare our marriage in previous immigration applications before 2024.

The officer believed our marriage might be excluded under IRPR sections 117(9)(c) and 5(b) because he was still legally married when our religious marriage took place.
We hired an immigration lawyer to prepare a detailed response. In our response, we explained that:
I did not understand Canadian immigration law regarding polygamy at the time of our Nikah.
Once I learned that Canada would not recognize our marriage while my husband was still legally married, I kept my marital status as "single" out of respect for Canadian law.
We were not trying to hide our relationship or misrepresent anything.
We have lived together in the UAE since December 2024.

Our relationship is genuine and ongoing.
We requested that our relationship also be considered from the perspective of our common-law cohabitation.
We also submitted humanitarian and compassionate (H&C) considerations.
After submitting the PFL response, IRCC continued processing the application. They requested medicals, additional forms, travel history, updated passports, and other documents. Medicals were passed, and we submitted everything requested.

Refusal
About four months after the PFL response, our application was refused.
The refusal letter states:

The officer accepted that our relationship is genuine.
However, they concluded that our marriage is excluded under IRPR 117(9)(c) and 5(b) because my husband was still legally married when our religious marriage took place.
They also did not accept our common-law argument because they believed it could not be ruled out that my husband was still in a common-law relationship with his first wife until the formal divorce.

They considered our humanitarian and compassionate submissions but decided there were insufficient grounds to grant an exemption.
I have been given the right to appeal to the Immigration Appeal Division (IAD).

My Question
I am now trying to decide between:
Filing an IAD appeal, understanding that it may take approximately 12–24 months, or
Submitting a new spousal sponsorship application now that my husband has been legally divorced.

Has anyone experienced a refusal under IRPR 117(9)(c) or 5(b)?
Would you recommend pursuing the IAD appeal, or would a new application have a better chance of success in this situation?

I would really appreciate hearing from anyone with similar experience or knowledge of these types of cases.


Also We have been living in Dubai since December 2024 and its been hard for me now with no job in Dubai. My husband is from Pakistan. He has 2 kids from his ex wife. The ex wife doesnt want to keep kids(2girls) so the custody is given to my husband. And i have no issues raising them. I have been having great time with them and love them like my own daughters. The reason we decided to live in Dubai because for me living in Pakistan wasnt easy and very hard to survive specially coming from Canada. So we decided to move to Dubai and have been living since December 2024. But since after getting refusal m totally broken and dont understand if i come back to Canada atleast i can start my job and divert my mind while apply for appeal or new application? Ur guidance is really appreciated. My friends, I have been struggling alot since i had 4 miscarriages. I want to settle my life with my husband and kids. I really need serious advice. Any help and guidance will be appreciated.

Thank you very much.

 

[Buletruck]

Hi everyone,
I would really appreciate some advice from anyone who has experience with similar cases.
I am a Canadian citizen sponsoring my husband through the Family Class (outland application). Our application was submitted on November 24, 2025.
Procedural Fairness Letter (PFL)
In March 2026, we received a Procedural Fairness Letter (PFL). The officer's main concerns were:

My husband and I had a religious Nikah in July 2019, while he was still legally married to his first wife.
His divorce was not legally finalized until September 2025.
We did not declare our marriage in previous immigration applications before 2024.

The officer believed our marriage might be excluded under IRPR sections 117(9)(c) and 5(b) because he was still legally married when our religious marriage took place.
We hired an immigration lawyer to prepare a detailed response. In our response, we explained that:
I did not understand Canadian immigration law regarding polygamy at the time of our Nikah.
Once I learned that Canada would not recognize our marriage while my husband was still legally married, I kept my marital status as "single" out of respect for Canadian law.
We were not trying to hide our relationship or misrepresent anything.
We have lived together in the UAE since December 2024.

Our relationship is genuine and ongoing.
We requested that our relationship also be considered from the perspective of our common-law cohabitation.
We also submitted humanitarian and compassionate (H&C) considerations.
After submitting the PFL response, IRCC continued processing the application. They requested medicals, additional forms, travel history, updated passports, and other documents. Medicals were passed, and we submitted everything requested.

Refusal
About four months after the PFL response, our application was refused.
The refusal letter states:

The officer accepted that our relationship is genuine.
However, they concluded that our marriage is excluded under IRPR 117(9)(c) and 5(b) because my husband was still legally married when our religious marriage took place.
They also did not accept our common-law argument because they believed it could not be ruled out that my husband was still in a common-law relationship with his first wife until the formal divorce.

They considered our humanitarian and compassionate submissions but decided there were insufficient grounds to grant an exemption.
I have been given the right to appeal to the Immigration Appeal Division (IAD).

My Question
I am now trying to decide between:
Filing an IAD appeal, understanding that it may take approximately 12–24 months, or
Submitting a new spousal sponsorship application now that my husband has been legally divorced.

Has anyone experienced a refusal under IRPR 117(9)(c) or 5(b)?
Would you recommend pursuing the IAD appeal, or would a new application have a better chance of success in this situation?

I would really appreciate hearing from anyone with similar experience or knowledge of these types of cases.


Also We have been living in Dubai since December 2024 and its been hard for me now with no job in Dubai. My husband is from Pakistan. He has 2 kids from his ex wife. The ex wife doesnt want to keep kids(2girls) so the custody is given to my husband. And i have no issues raising them. I have been having great time with them and love them like my own daughters. The reason we decided to live in Dubai because for me living in Pakistan wasnt easy and very hard to survive specially coming from Canada. So we decided to move to Dubai and have been living since December 2024. But since after getting refusal m totally broken and dont understand if i come back to Canada atleast i can start my job and divert my mind while apply for appeal or new application? Ur guidance is really appreciated. My friends, I have been struggling alot since i had 4 miscarriages. I want to settle my life with my husband and kids. I really need serious advice. Any help and guidance will be appreciated.

Thank you very much.

I'll start with : hire a really good immigration lawyer in Canada, because I believe you're going to have a lot of hoops to jump through at this point.
So, I think the issue you are going to encounter with a new application is that IRCC won't recognize the marriage, even though he has finalized the divorce. The divorce doesn't change the fact you were married prior to his divorce being completed, making him ineligible for spousal sponsorship. You would likely (and this is where a lawyer comes into the picture) need to divorce your husband and then remarry after it is finalized in order for IRCC to recognize the marriage. Not sure that reapplying as common law is possible at this point (again, lawyer stuff). Whether you appeal or resubmit, you're probably looking at similar timelines. The question for the lawyer is which direction gives you the best results in that timeframe.

 

[Sanamkhan]

I'll start with : hire a really good immigration lawyer in Canada, because I believe you're going to have a lot of hoops to jump through at this point.
So, I think the issue you are going to encounter with a new application is that IRCC won't recognize the marriage, even though he has finalized the divorce. The divorce doesn't change the fact you were married prior to his divorce being completed, making him ineligible for spousal sponsorship. You would likely (and this is where a lawyer comes into the picture) need to divorce your husband and then remarry after it is finalized in order for IRCC to recognize the marriage. Not sure that reapplying as common law is possible at this point (again, lawyer stuff). Whether you appeal or resubmit, you're probably looking at similar timelines. The question for the lawyer is which direction gives you the best results in that timeframe.

Thanku ok if i re marry with him again this will not change the divorce date. The divorce is finalized in september 2025. If i re marry and apply as a spouse will it be ok coz appeal i have heard takes longer than new application. And m in dubai since december 2024. I havent gone to canada i have left my job everything and now as i dont have a job in dubai its been financially very challenging for us living in a studio apartment along with 2 kids. I really want to settle my life and live a happy married life with my husband and kids.

 

[canuck78]

The other big issue is what have you or your now spouse (in the UAE/Pakistan) filled out that misrepresented your relationship status. Is there also a formal divorce and custody agreement that gives dole custody to the father without even visitation? Where is the now ex-spouse because there could be concern that you are the 2nd wife and that there is still a relationship with the first wife. It is not unheard of to divorce a first wife for immigration purposes and then try to get the 1st wife to Canada. Agree you need a lawyer to have your best chance at sponsorship. As already mentioned you will need your get divorced and then remarried if you want Canada to recognize your marriage.

 

[canuck78]

Thanku ok if i re marry with him again this will not change the divorce date. The divorce is finalized in september 2025. If i re marry and apply as a spouse will it be ok coz appeal i have heard takes longer than new application. And m in dubai since december 2024. I havent gone to canada i have left my job everything and now as i dont have a job in dubai its been financially very challenging for us living in a studio apartment along with 2 kids. I really want to settle my life and live a happy married life with my husband and kids.

You’d need to get divorced first and then remarry. That doesn’t solve your many other sponsorship issues like misrepresentation of your relationship status. Also whether there is a formal custody arrangement that gives father full custody of the children. You really need to go consult an immigration lawyer you your best chance of sponsorship. You will also need to show how you can support your family financially in Canada without government help. Not sure why you haven’t been able to find employment in the UAE. After the war it may have become more difficult but before then there should have been job opportunities.

 

[Buletruck]

Thanku ok if i re marry with him again this will not change the divorce date. The divorce is finalized in september 2025. If i re marry and apply as a spouse will it be ok coz appeal i have heard takes longer than new application. And m in dubai since december 2024. I havent gone to canada i have left my job everything and now as i dont have a job in dubai its been financially very challenging for us living in a studio apartment along with 2 kids. I really want to settle my life and live a happy married life with my husband and kids.

So what other immigration applications did you or your spouse apply for before prior to 2024 that you declared yourself as single? It looks like they may have overlooked any potential misrepresentation because they were refusing it for other grounds. That said, no gaurantee that won't come up in a new application)

Where and who did you live with between getting married in 2019 and moving to the ME in 2024?

How did you aquire Canadian citizenship and when?

As noted, child custody will be an issue (mutual agreements don't count).

I'd implore you even more now to get a good Canadian immigration lawyer due to some of the potential complexity you're facing with either an appeal or a new application. You're going to get a load of questions and advice from people (myself included) who only have cursory knowledge of how to address a scenario like this and some of that advice (other than obtaining the services of a good lawyer.....not a consultant.....a practicing lawyer) may only confuse, or worse case, further complicate your situation if heeded.

 

[armoured]

His divorce was not legally finalized until September 2025.
...
They also did not accept our common-law argument because they believed it could not be ruled out that my husband was still in a common-law relationship with his first wife until the formal divorce.
...
...
Also We have been living in Dubai since December 2024 and its been hard for me now with no job in Dubai.

I agree strongly with the recommendations from others that you need to consult a decent lawyer.

But one additional point: it seems to me that if you have been living together in Dubai since Dec 24 (AND the former spouse is not living there), you have /on paper/ a fairly strong case that you are now common law (even if the previous time in Pakistan is not considered, although I'm a bit confounded that they would make this statement about time until the divorce if your partner was not even living in the same country as his former spouse). At any rate, even on that basis, you could apply as common law in October 26. It's at any rate clear that the officer examining considered it was quite possible this was /in fact/ a polygamous marriage as allowed under local law, at least at the time your marriage was originally performed (and the six years it took to get an actual divorce doesn't make it look very good from that angle, either).

This doesn't resolve all of the other issues and esp the custody of children, so a lawyer still needed. But applying as common law at least avoids the issue of what the legal status of 're-marrying' means and if it's possible [without first getting divorced.]

 

[Sanamkhan]

Thank you everyone for you response and suggestions

 

[Sanamkhan]

I am sharing what exactly refusal letter says: I have now completed the assessment of your application for a permanent resident visa as amember of the family class. I have determined that you do not meet the requirements forimmigration to Canada.Subsection 12(1) of the Immigration and Refugee Protection Act states that a foreignnational may be selected as a member of the family class on the basis of theirrelationship as the spouse, common-law partner, child, parent or other prescribed familymember of a Canadian citizen or permanent resident.Subsection 11(1) of the Act provides that a foreign national must, before enteringCanada, apply to an officer for a visa or any other document required by the regulations.The visa or document shall be issued if, following an examination, the officer is satisfiedthat the foreign national is not inadmissible and meets the requirements of this Act. Forthe reasons set out above, I am not satisfied that you are not inadmissible and that youmeet the requirements of the Act. I am therefore refusing your application.Sub Section 117(9)(c) of the Immigration and Refugee Protection Regulations states thata foreign national shall not be considered a member of the family class by virtue of theirrelationship to a sponsor if the foreign national is the sponsor’s spouse and the sponsoror the foreign national was, at the time of their marriage, the spouse of another person,or the sponsor has lived separate and apart from the foreign national for at least one yearand the sponsor is the common-law partner of another person or the sponsor has aconjugal partner, or the foreign national is the common-law partner of another person orthe conjugal partner of another sponsor.Sub Section 5(b) of the Immigration and Refugee Protection Regulations states that forthe purposes of these Regulations, a foreign national shall not be considered the spouseMigration Section, Embassy of Canada to the UAEP.O. Box 6970, Abu Dhabi, United Arab EmiratesWebsite: www.uae.gc.caof a person if the foreign national or the person was, at the time of their marriage, thespouse of another person, or the person has lived separate and apart from the foreignnational for at least one year and is the common-law partner of another person.Specifically, I have based my refusal on the following grounds:In my procedural fairness letter sent on 2026/03/18, you were informed of my concerns that youmay be excluded from the Family Class. One of my concerns was that your marriage to yoursponsor was celebrated on 2019/07/17 while you were still married to your previous spouse.Your divorce to the mother of your children was only formalized on 2025/09/10. Therefore, itappeared that your relationship was excluded from membership in the family class undersubsection 117(9)(c) and 5(b) of the regulations. Furthermore, I had noted that you had notdeclared your marriage to your sponsor in your previous immigration applications up until 2024.This was raising additional concerns that your marriage to your first wife was ongoing. Thatletter informed you that you did not appear to be a member of the Family Class.Based on my review of your application, while I am satisfied that your relationship is genuine, Ihave found that your relationship, and your marriage, is excluded as you were still married whenyour religious marriage contract and the registration of your marriage to your sponsor inPakistan (as per the marriage certificate) was completed. You have requested that I consideryour relationship as a situation of common-law as you have declared residing with your sponsorin United Arab Emirates since 2024. Unfortunately, based on my review, it cannot be excludedthat you were not as well considered in a common-law relationship with your first spouse untilthe formal divorce, this also would exclude your relationship.I have also examined whether there are sufficient humanitarian and compassionate elements towarrant granting you an exemption. I have found that the risk that your daughters arepermanently separated from their mother is too important to be in their best interests to exemptyou from this requirement of the regulations. Other factors have also been reviewed at yourrequest, and we could not find that the country conditions in United Arab Emirates shouldwarrant an exemption, especially as Pakistan, your country of nationality, is a country where youwere well established in up until recently and a country that is safe enough for you to travel toregularly since you have been in United Arab Emirates. As for the risk of permanent separationfrom family members in Canada for your sponsor, she is a Canadian citizen and is notprevented from visiting them frequently, and vice-versa. I am not satisfied there are sufficienthumanitarian and compassionate elements to warrant granting you an exemption from theapplicable criteria, or obligation of the Act.Subsection 11(1) of the Act states that the visa or document may be issued if, following anexamination, the officer is satisfied that the foreign national is not inadmissible and meets therequirements of this Act. It appears that you do not meet the requirements of the Act for thereasons set out above, as you are not considered a member of the family class undersubsection 12(1).

As a result, I am not satisfied that you are a member of the family class.I am sending a letter to your sponsor notifying him / her of the appeal provisions of theImmigration and Refugee Protection Act. It will be sent to him via the online portal.If this address is not correct, please provide your sponsor's new address immediately so thatthis letter can be resent to the new address.

 

[Sanamkhan]

so after i spoke to the one of the lawyer who did our PFL with us he says these things :

Meeting to assess appeal options for family class exclusion.

• Officer relied on cohabitation evidence outside material period

• Material period is 12 months before Nov/Dec 2025 application

• Recommendation: file IAD notice of appeal immediately

• Estimated costs: consent resolution ~$3,500; full hearing ~$10,000–$11,000

• Key evidence: entry/exit stamps, visas, shared bills, rental records

He will :
will file a notice of appeal to the Immigration Appeal Division.
will respond to any IAD procedural fairness letter on the client’s behalf.
will reach out to a manager at the appeals office and prepare a position letter explaining the legal error.
will provide a retainer agreement for the clients to decide whether to proceed with the appeal.
will prepare and send a retainer agreement to the applicant
will start working on the appeal immediately after the retainer is executed follow up with the applicant promptly after the call.

I really need genuine and honest opinion of any of you that its not guaranteed that it will get approved or no and that fee amount is too costly for me, even i asked him what if we re apply the application he mentioned that still we need lawyer for that because still that this refusal they will see and ask again same question, please guide me i any of you have any experience, I need guidance. which path i should follow?

 

[armoured]

I really need genuine and honest opinion of any of you that its not guaranteed that it will get approved or no and that fee amount is too costly for me, even i asked him what if we re apply the application he mentioned that still we need lawyer for that because still that this refusal they will see and ask again same question, please guide me i any of you have any experience, I need guidance. which path i should follow?

-I'm not going to attempt to say what the chances of success are; if you wish to evaluate a lawyer's suggestions against something meaningful, get a second opinion (from another lawyer).

-To clarify: this is a Canadian lawyer, with experience in immigration?

-I understand the lawyer's point about the 'material period', but you haven't clarified the important thing (at least one that seems potentially important to me): is there ANY reason for the IRCC officer to have suggested ongoing 'common law' relationship with ex-spouse that extends between december 24 and december 25 (or up to the date of the divorce)? Was your spouse residing with you in UAE the entire time, and the ex-spouse residing elsewhere? (Was there some aspect of their relationship still ongoing, financial, other?)

-I repeat the other option that you have is to apply later (when there is, I should think, no reason to claim there could have been an ongoing common law relation with the ex-). I'd suggest pushing back - gently - with this lawyer, why would the 'same question' arise if at that point your common law relationship (by then) entirely excludes the period of relations with the ex-spouse?

I'm not saying the lawyer is wrong, it's just not clear.

And to repeat a point: while not written explicitly, I think IRCC possibly believes this is an actual polygamous relationship (i.e. still ongoing). If that's the actual suspicion, the lawyer's assistance may still be needed.

As for cost: I don't have a lot of experience with this but the costs do not sound very far from what lawyers typically charge (as occasionally reported here). It's actually fairly positive that the lawyer has indicated a lower fee for the consent resolution - costs for full hearings do get expensive.

 

[Sanamkhan]

-I'm not going to attempt to say what the chances of success are; if you wish to evaluate a lawyer's suggestions against something meaningful, get a second opinion (from another lawyer).

-To clarify: this is a Canadian lawyer, with experience in immigration?

-I understand the lawyer's point about the 'material period', but you haven't clarified the important thing (at least one that seems potentially important to me): is there ANY reason for the IRCC officer to have suggested ongoing 'common law' relationship with ex-spouse that extends between december 24 and december 25 (or up to the date of the divorce)? Was your spouse residing with you in UAE the entire time, and the ex-spouse residing elsewhere? (Was there some aspect of their relationship still ongoing, financial, other?)

-I repeat the other option that you have is to apply later (when there is, I should think, no reason to claim there could have been an ongoing common law relation with the ex-). I'd suggest pushing back - gently - with this lawyer, why would the 'same question' arise if at that point your common law relationship (by then) entirely excludes the period of relations with the ex-spouse?

I'm not saying the lawyer is wrong, it's just not clear.

And to repeat a point: while not written explicitly, I think IRCC possibly believes this is an actual polygamous relationship (i.e. still ongoing). If that's the actual suspicion, the lawyer's assistance may still be needed.

As for cost: I don't have a lot of experience with this but the costs do not sound very far from what lawyers typically charge (as occasionally reported here). It's actually fairly positive that the lawyer has indicated a lower fee for the consent resolution - costs for full hearings do get expensive.

Thank you for taking the time to respond. I really appreciate your input.


To answer your questions, yes, this is a Canadian immigration lawyer who has experience with immigration and IAD appeals. He also prepared our response to the Procedural Fairness Letter, so he is already familiar with our case.


The main issue in our case is that my husband was legally married to his first wife when we had our religious Nikah in 2019. Because Canada does not recognize polygamous marriages, I (the sponsor) could not legally change my marital status from single to married in any Canadian immigration application at that time. We were trying to comply with Canadian law, not hide our relationship.


Once my husband's divorce was legally finalized in September 2025, I then applied under the Family Class as his spouse because, from that point onward, our marriage could legally be recognized under Canadian law. That is the main issue that led to the Procedural Fairness Letter and eventually the refusal.


Regarding your question about an ongoing common-law relationship with his ex-wife, this is exactly what confuses us as well.


Since 2024, my husband and I have been living together in the United Arab Emirates. His ex-wife has been living in Pakistan, and they have not lived together during that period. They were not in a common-law relationship. Their legal divorce simply took a long time to finalize, but they were already living separate lives.


That is why we do not understand why the officer concluded that it could not be ruled out that my husband remained in a common-law relationship with his ex-wife until the formal divorce. There was no cohabitation between them during the period when he was living with me in the UAE.


This is one of the main reasons our lawyer believes there are arguments that can be made before the Immigration Appeal Division.


I do appreciate your suggestion about getting a second legal opinion, and I'm still trying to understand whether an IAD appeal or a new application would ultimately be the stronger option. Any thoughts from others with experience in similar cases would be greatly appreciated.

 

[armoured]

That is why we do not understand why the officer concluded that it could not be ruled out that my husband remained in a common-law relationship with his ex-wife until the formal divorce. There was no cohabitation between them during the period when he was living with me in the UAE.


This is one of the main reasons our lawyer believes there are arguments that can be made before the Immigration Appeal Division.

I don't disagree with his point here (keep in mind, he knows both the law and your case better than I do) - at least that there are arguments.

I do appreciate your suggestion about getting a second legal opinion, and I'm still trying to understand whether an IAD appeal or a new application would ultimately be the stronger option. Any thoughts from others with experience in similar cases would be greatly appreciated.

It really comes down to judgment, and it may well be that the lawyer's approach is correct. IDK.

It seems to me that it is also possible - potentially - to initiate the appeal and if you and lawyer decide it does not appear promising, abandon the appeal and apply anew. It could lead to same problem, possibly - but waiting for a full hearing may take ages and be quite expensive.

Again, though: it seems to me the underlying issue is as above. I'm not going to comment further on this because not an expert, but it seems to be interpreted by IRCC as a polygamous marriage (ongoing and/or hidden). The five years to get a divorce stands out. (I'm not asking for the details, that's for you and lawyers - just noting how it may look.)

 

[Sanamkhan]

I agree strongly with the recommendations from others that you need to consult a decent lawyer.

But one additional point: it seems to me that if you have been living together in Dubai since Dec 24 (AND the former spouse is not living there), you have /on paper/ a fairly strong case that you are now common law (even if the previous time in Pakistan is not considered, although I'm a bit confounded that they would make this statement about time until the divorce if your partner was not even living in the same country as his former spouse). At any rate, even on that basis, you could apply as common law in October 26. It's at any rate clear that the officer examining considered it was quite possible this was /in fact/ a polygamous marriage as allowed under local law, at least at the time your marriage was originally performed (and the six years it took to get an actual divorce doesn't make it look very good from that angle, either).

This doesn't resolve all of the other issues and esp the custody of children, so a lawyer still needed. But applying as common law at least avoids the issue of what the legal status of 're-marrying' means and if it's possible [without first getting divorced.]

I was wanted to ask u since u mentioned i need to divorce first to re marry him.. why i need to divorce my husband while they didnt even consider our marriage? Can we just not ho and re marry without even going to do divorce!!! Why do we need to divorce while we need to re marry!!! I can just go and get married to him again isnt it?

 

[armoured]

I was wanted to ask u since u mentioned i need to divorce first to re marry him.. why i need to divorce my husband while they didnt even consider our marriage? Can we just not ho and re marry without even going to do divorce!!! Why do we need to divorce while we need to re marry!!! I can just go and get married to him again isnt it?

If you go this route, you will need to re-marry in some place that allows it. Many jurisdictions will not 'marry' a couple that is already married to each other, because it is (in their view) legal nonsense. (Those 'my parents renewed their vows' re-marriages people do? Legally meaningless, it's just a Hallmark ceremony) So technically one would have to get a divorce or an annulment (at least to get married in that jurisdiction). But again - some places may be okay with performing a marriage in this situation.

So yes, it's a legal catch-22 - the place that you need to recognize your marriage doesn't, but other jurisdictions may consider that you are legally married to each other and can't 'marry' unless you first get divorced.

If where you are now allows a couple that's already married to marry, go ahead would be my view - but check with whichever lawyer you're dealing with. As far as I'm aware IRCC wouldn't object, as it would be illogical (to claim the first marriage has no legal force but at the same time object to a new one because the first one has enough legal importance to keep you from marrying?).

I'm sure some have simply married some place and not advised the local authorities that they're already married to avoid the question, but that potentially has risks - I don't know. (From another legal perspective, who would be harmed by this, and if there's no party harmed, does it matter? But not all legal systems are the same).

(I'm not even sure what Canadian provinces would do with this. Being married to more than one person at a time is fundamentally incompatible with Canadian law - it's actually a crime domestically to enter into such a marriage - and hence there are no simple escape hatches to fix it retroactively, as far as I know. Question for lawyer but I'll leave it as rhetorical.)