Married in pakistan before divorcing first wife in canada !

[Alibaba40]

Just a quick question
My dad got married in pakistan 3 years ago without divorcing his first wife here in canada. He got 2 kids with his second wife in pakistan. Would he able to sponsor his kids and second wife, his status in canada is seperated for 10 years but not divorced. Any suggestions??

 

[soumia1]

Just a quick question
My dad got married in pakistan 3 years ago without divorcing his first wife here in canada. He got 2 kids with his second wife in pakistan. Would he able to sponsor his kids and second wife, his status in canada is seperated for 10 years but not divorced. Any suggestions??

No. Canada doesn't allow polygamy . He will have to finalize his divorce before proceeding to sponsor

 

[zardoz]

No. Canada doesn't allow polygamy . He will have to finalize his divorce before proceeding to sponsor

Even that is insufficient. As far as Canada is concerned, the second marriage was invalid and would have to be done again after the divorce was finalized. IRCC will not recognize the second marriage at all. However, an application based on "common-law" might be accepted.

 

[Rob_TO]

Just a quick question
My dad got married in pakistan 3 years ago without divorcing his first wife here in canada. He got 2 kids with his second wife in pakistan. Would he able to sponsor his kids and second wife, his status in canada is seperated for 10 years but not divorced. Any suggestions??

She is not his wife based on Canada's laws, since he was not legally divorced at time of marriage. So he can't sponsor her as a wife.

If they have lived together for 12 months though, then he could sponsor her as a common-law partner.

 

[zardoz]

Oh, and by the way, if the OP's father was a Canadian citizen when he married in Pakistan, he has bigger problems.

http://laws-lois.justice.gc.ca/eng/acts/C-46/section-290.html

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.

291 (1) Every one who commits bigamy is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

 

[Alibaba40]

No. Canada doesn't allow polygamy . He will have to finalize his divorce before proceeding to sponsor

Thanks

 

[Alibaba40]

Oh, and by the way, if the OP's father was a Canadian citizen when he married in Pakistan, he has bigger problems.

http://laws-lois.justice.gc.ca/eng/acts/C-46/section-290.html

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.

291 (1) Every one who commits bigamy is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Thanks