Polygamous marriage

[Sahmad1]

Hello, the polygamous marriage is not recognized in Canada. The second marriage is not recognized in Canada if first marriage's divorced is not finalized. If the couple marry again after the divorce finalized, in that case, the marriage will be recognized for the spousal sponsorship application?

Thanks.

 

[Qwertypod]

Just to clarify: you may only be married to one person at the time of sponsorship. If you want to sponsor your wife #1, that you previously divorced to marry wife #2, you will need to be divorced from wife #2.

Expect IRCC to take a very close look into the validity of your relationship either way.

 

[malimu]

Since you are divorced and then re marry, the marriage surely should be recognized for spousal sponsorship. Not sure what the ambiguity is.

 

[Sahmad1]

Just to clarify: you may only be married to one person at the time of sponsorship. If you want to sponsor your wife #1, that you previously divorced to marry wife #2, you will need to be divorced from wife #2.

Expect IRCC to take a very close look into the validity of your relationship either way.

Thank you for your reply. The divorce was not finalized from the 1st wife and got married (2nd time). When the application was filed, the officer said, since you were not divorced and got married (even though your were legally separated from the first wife), I can not accept your current wife to be your spouse. The date of second marriage is before the date on the divorce certificate. My question is that if re-marry to the 2nd wife (current spouse) and re-apply then would the spouse be considered family member in Canada?

 

[Sahmad1]

Since you are divorced and then re marry, the marriage surely should be recognized for spousal sponsorship. Not sure what the ambiguity is.

Thank you for your reply.

 

[malimu]

Under Canadian rules you may not get married unless you are divorced from one wife. Thus second marriage is null and void. Just use this logic. U must be divorced to remarry unless you live common law for one yr n this is tough to confirm unless you live in Canada but still the second wife needs to be divorced in time. i sugest u call IRCC to get Comfort.

 

[nayr69sg]

Polygamy does happen in Canada is often overlooked.

https://www.cbc.ca/radio/thecurrent...-convictions-are-rare-says-reporter-1.4976984

But for the purpose of sponsoring your 2nd wife they will go by the rules and reject your application.

 

[scylla]

Thank you for your reply. The divorce was not finalized from the 1st wife and got married (2nd time). When the application was filed, the officer said, since you were not divorced and got married (even though your were legally separated from the first wife), I can not accept your current wife to be your spouse. The date of second marriage is before the date on the divorce certificate. My question is that if re-marry to the 2nd wife (current spouse) and re-apply then would the spouse be considered family member in Canada?

Yes, this should work. You will want to provide evidence in the application that you are no longer in a relationship with your first spouse. Given the first application was refused, you'll want to provide evidence to assure the officer processing your application that the divorce is genuine and not conducted for the purposes of getting a second spouse to Canada while maintaining a relationship with the first.

As long as the divorce is genuine and there's no longer a relationship with the first spouse, you should be good to go.

 

[malimu]

i would consider if u want your future wife to be here then let her come as a visitor and stay with her one full yr here in Canada then after one yr sponsor her as your common law spouse. then u marry her once your divorce is finalized. my take on it

 

[Sahmad1]

Yes, this should work. You will want to provide evidence in the application that you are no longer in a relationship with your first spouse. Given the first application was refused, you'll want to provide evidence to assure the officer processing your application that the divorce is genuine and not conducted for the purposes of getting a second spouse to Canada while maintaining a relationship with the first.

As long as the divorce is genuine and there's no longer a relationship with the first spouse, you should be good to go.

Thank you for your detailed reply.

 

[Sahmad1]

i would consider if u want your future wife to be here then let her come as a visitor and stay with her one full yr here in Canada then after one yr sponsor her as your common law spouse. then u marry her once your divorce is finalized. my take on it

Thank you for your reply.

 

[canuck78]

Thank you for your detailed reply.

If IRCC suspects that you are not truly divorcing your 1st wife and are divorcing only to secure sponsorship of the 1st spouse your sponsorship can be denied because polygamy is illegal in Canada.