religious marriage

[michel2603]

Hi
I was separated from my wife seven years ago
We did not have a civil marriage but islamist recognized by Canada.
Now I want to sponsor actuel wife and I want to attach a separation agreement and income tax.I can't provide a divorce certificate because we did not have a civil marriage
In Islam I can't do common law
I have a Islamic marriage certificate recognized by CRA who change my situation from separated to married
What do you think?

 

[Charles26]

Please help

 

[canadianwoman]

I think you will have to get divorced. An Islamic divorce should be recognized by Canada if Canada recognized the marriage.
If you apply as separated, CIC will not recognize the new marriage, because in Canada one cannot be married to two people at the same time.

 

[michel2603]

We already divorce under Islam
But there no divorce certificate
When my ex wife decided to end the marriage she did have 3 witness from both family
But before we did a separation agreement

 

[canadianwoman]

I think you need an immigration lawyer to help you explain this in your application. A separation agreement alone won't be enough.

 

[michel2603]

OK
How i van sponsor m'y wife?

 

[michel2603]

Can i sponsor her as conjugal partner
Sue was refused for temp visa
We did live for twice 18 months

 

[canadianwoman]

You can probably sponsor her as your wife, but you need an immigration lawyer familiar with Islamic law to help you.
You can sponsor her as your common-law partner if you two have lived together for 12 consecutive months.
Conjugal? I don't know. I read a US case where the court recognized an Islamic divorce and thus the remarriage. It might be easier to prove you are divorced.

 

[michel2603]

I want to take this moment to thank you very much. I have 2 children 6 and 2 and they are Canadian and I want reunite my fmily
I did not sleep for days now
For common law it will be difficult because my actuel wife is in Africa and to get requirements like join account and others will be hard buy did live about 3 years together
Immigration lawyer will be expensive

 

[michel2603]

Hi
Good news my ex wife is sending all the papers to me to get the divorce because she want to marry another man
Thank you all

 

[Lammawitch]

I'd still recommend a consultation with an immigration lawyer with Sharia law experience: I see the *possibility* of problems if your marriage to your second wife predates the civil divorce you obtain from your first wife.

 

[michel2603]

My marriage with my second wife is just religious but we plan to do a civil
With my first one we have a separation agreement signed in 2007

 

[Lammawitch]

My marriage with my second wife is just religious but we plan to do a civil
With my first one we have a separation agreement signed in 2007

Yes, but the thing that raised a red flag for me is your statement that CRA has recorded your status as married (to your second wife, I presume?) on the basis of a marriage certificate.

I may be entirely wrong, but it's quite a complex area and there is jurisprudence regarding Sharia divorce, as well as a whole chapter in the CIC Manual about polygamous marriage, which leads me to believe that the issue MAY be beyond the scope of a layperson's opinion/interpretation.

 

[michel2603]

I will send my application explaining my religious divorce
If I get refusal may they will tell I can sponsor my wife as common law
I will tell the truth
Yes cra did record my muslin marriage certificate and change my file from separated to married and did send previous gst and return

 

[Lammawitch]

I'm going to bow out of this discussion now, with a final reiteration that, IMO, a consultation with an immigration lawyer experienced in Sharia law is primordial BEFORE making any application to CIC.

I sincerely wish you the best of luck & hope that my concerns are completely unfounded.