Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
Will my previous divorce affect my sponsorship?
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yatarig Posts: 1
Posted On: 11/26/2020
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I will come back to Canada after IRCC gave me a visa under H&P, I have an ex-wife We got a divorce outside Canada in my home country. When we were living together at that time. after that She (ex-wife) moved to Canada with my son & daughter. in 2015 I get married I have two children from her I intend to move to Canada and apply for sponsorship for my wife and kids
MY question
Please help me Did IRCC give me a visa to them without any problem from the ex-wife
please give me advice
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Moderator Moderator Posts: 4075
Posted On: 12/9/2020
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Hello,
Thank you for sharing your situation and question with us.
1. Permanent Resident Visa Status Pending
If your application status for a Permanent Resident Visa under Humanitarian and Compassionate grounds is pending, you will not be eligible to proceed with any sponsorship application processes until the status has been approved.
2. Permanent Resident Visa Status Approved
Generally, divorce will not affect your Permanent Resident Status if your foreign divorce has been recognized in Canada. According to the IRCC webpage on legality of foreign divorces, a person’s divorce will be assessed to ensure any sponsorship applications of spouses are legally valid in Canada.
If you have obtained a Permanent Resident Visa and have had your divorce recognized in Canada, then according to the IRCC application guide on the sponsorship process, you may apply to sponsor your wife and children. The application process can only begin once you reside in Canada since one of the eligibility criteria requires the permanent resident to live in Canada. Further, eligibility criteria requirements include that an eligible sponsor must be able to provide the basic needs of the person you are sponsoring and prove that you are not receiving social assistance for reasons other than disability. Learn how to sponsor your wife and children, using the IRCC guide on sponsoring your spouse, partner, or children.
3. Sponsorship Inquiry
If you have already submitted your sponsorship application and want to know a status update, you can check the online IRCC support centre to get more information here.
You may wish to consult a reputable and registered immigration consultant or an immigration lawyer who is familiar with Canadian immigration issues for advice on your situation before you start any application processes. A consultant or lawyer can help you find the most efficient and direct way for your family to enter Canada. We hope this information is helpful.
Sincerely,
Your Settlement.Org team
This document does not contain legal advice.
This document was prepared with the assistance of PBSC Western University law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice. This document contains general discussion of certain legal and related issues only. If you require legal advice, please consult with a lawyer.
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