Sponsorship Dilemma - Married to a Married Person 

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Polygamous marriage (bigamy)

Polygamous marriages and potentially polygamous marriages occur when either of the participants already has a spouse, and has gone through or intends to go through a further marriage ceremony without divorcing.

For Canadian immigration purposes, R117(9)(c)(i) excludes from recognition marriages that took place when the sponsor or spouse was married to another person. Therefore, the first marriage is the only one that can potentially be recognized.

See also Section 13.2below.

13.2. Polygamous marriages

Officers must counsel both parties that polygamy is an offence under the Criminal Code of Canada.

R117(9)(c)(i) states that a spouse is not a member of the family class if the spouse or sponsor was already married to another person at the time of the subsequent marriage. This regulation prohibits a second (or third, etc.) wife from being recognized as a spouse within the family class and provides that only the first marriage may potentially be recognized for immigration purposes.

In order for the first marriage to be recognized as legally valid under Canadian law, the couple must live together in a monogamous marriage in Canada. Common law imparts that a polygamous marriage can be converted into a monogamous marriage provided that the couple live together in a monogamous relationship from the time of arrival in Canada. This conversion is effected by the stated intention of the parties to so convert their marriage, followed by some factual evidence that they have complied—usually by divorcing the other spouses and/or by a remarriage in a form that is valid in Canada.

Note: The Department cannot require divorce(s) and remarriage. However, officers can ask for evidence that the parties have converted their marriage to a monogamous one and can explain what might constitute such evidence.

The decision to refuse must be based on the balance of all evidence, and not solely because the applicant did not obtain a divorce. The parties must understand that refusal to provide such evidence may result in a refusal of their application.

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Because a subsequent marriage (where the first is continuing) is not valid in Canadian law, persons in such a scenario would be considered as single in law and thus, they would have to remarry to be considered married under Canadian law.