If you applying for a visa to be sponsored as a spouse or common-law partner to Canada, one issue may be marital history, specifically whether a divorce has been obtained. Questions may arise such as the reason for the divorce, and the subsequent marital partner’s knowledge about the reason for the divorce.  If the new /current partner has insufficient knowledge about why the previous relationship ended up in divorce, then it could cast doubt about the longevity and/or genuineness of the new relationship which is underpinning the sponsorship application.

If you’ve applied for an extension of a temporary visa, such as a student visa, work visa, or visitor visa, then your marital status may have changed since the issuance of your initial visa. Obviously, you’d have to reflect that change in marital status in the application to extend your visa. On occasion, there are people who failed to indicate their correct marital status when initially applying for a temporary visa.  The failure to indicate the correct marital status on a previous application may affect your ability to renew your visa.  Officers who did not know that you might’ve been divorced in the past, may never have been inclined to issue you your initial temporary visa. Alternatively, they would have liked to have questioned you about the circumstances surrounding your divorce before issuing your initial temporary visa to Canada.  The failure to indicate the appropriate marital status may lead to a finding of misrepresentation.

Other scenarios of concern are aware a divorce is obtained from a different country but may not be recognized under Canadian law. Under Canadian law, a person seeking to have a foreign divorced recognized in Canada has to prove that one of the divorcing parties was ordinarily resident in the region/country in which the divorce took place for at least a year.  If the foreign divorce is not recognized under Canadian law, and if a subsequent marriage takes place, then a finding of bigamy may be made by the officer, which is an offense in Canada.

Do you have questions about how your marital status may affect your application for a visa to Canada,? If so, feel free to contact Chaudhary Law office.


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