Sponsorship Application Refused because of my Previous Marriage

Hello Mr. Niren,

I would like your opinion on my sponsorship. My husband was refused because of my previous marriage. Canada Immigration jumped to the conclusion that my second marriage is not bona fide because of my previous marriage was brief . I have reapply with more proof that my marriage is genuine. What do you think will happen? Do you think I should have appealed the case?

Thank you

Lilian

______________________

Having a previous marriage is not itself enough for a Visa Officer to conclude that your current marriage is not genuine resulting in a refusal. In your Sponsorship Application you must have not properly documented your relationship. When there is a refusal in such circumstances, the usual course of action would be to appeal the decision to the IAD within 30 days of notification of refusal. At the IAD you can show though additional documents and testimony, that your case has merit. If you are too late in filing the appeal, you can re-apply but make sure in your application, you address the concerns of the first refusal and try to get access to the computer notes regarding your case.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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11 Responses to “Sponsorship Application Refused because of my Previous Marriage”

  1. Rabia August 26, 2009 6:18 am
    #

    Hi Micheal,
    I would like your help on a query relating to Spousal sponsorship.
    I am a landed immigrant and will get married and apply for spousal sponsorship. My fiance` is here in Canada on a student Visa from Pakistan (since end of July). How long do you think it would take to process the application? Also, what are the documents that we will need to provide? What may be the potential pitfalls in my case?
    Thank you

  2. Michael Niren August 26, 2009 8:16 am
    #

    Hello Rabina.
    We would be happy to assist you. Please contact our office at 416 410 7484 to schedule a consultation.

  3. Lor January 15, 2010 6:02 pm
    #

    My husband and I were recently married in Taipei at Xinyi District Household Registration office.
    I am a Canadian citizen. My husband is an overseas chinese, ROC passport holder. Please note that he does not hold a Taiwan National ID but instead a document ‘統一證號’(Unified card number) from bureau of immigration. He currently works in Taipei. The immigration permits him to stay for 3 months. Before the 3rd month ends, he requests for an extension to stay. The immigration will then grant him permission to stay for another 3 months. In short, he can only stay in Taiwan for a maximum of 6 months. Once the 6th month comes, he departs Taiwan to go to the Philippines for approximately 10 days. He then would apply for visa to enter Taiwan.

    Having said all that, can I sponsor him from Taiwan given that he is not a citizen of Taiwan?

    I’m hoping you’ll be able to regarding this important matter.

    Thanking you in advance.

  4. Michael Niren January 20, 2010 8:21 pm
    #

    Hello
    If you can only sponsor someone who is residing in a country were he or she has legal status. If he currently works in Taipei you can have the application process at that Canadian Embassy. However, if he subsequently looses status there, then he may have to return there for an interview which may or may not pose some complications depending on his ability to return there. I hope that helps.

  5. naeem March 15, 2010 1:52 am
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    Hello can some one help me.
    My wife sponsored me inside Canada the visa officer refused my sponsorship application. In the letter the visa officer said you and your wife not living together but that is not true as she has lived with me for the last 8 months.

  6. Michael Niren March 16, 2010 1:45 pm
    #

    You should consider appealing the refusal but since it was an In-Canada application, you have only 15 days to file the appeal to the Federal Court.

  7. Maya August 10, 2011 12:40 pm
    #

    My spousal sponsorship was refused becuase they did not believe that my marriage is genuine. What should I do? I don’t want to go to court.

  8. Alicia Kim August 18, 2011 9:47 pm
    #

    Dear Maya,

    You don’t have to go to court. Instead, you may file a new application with new additional evidence that strengthens your case.

    However, please keep in mind that refusals do not just happen. In order to better assess whether to appeal the decision or not, it might be a good idea to consult an immigration lawyer to look into your case. Whichever way you decide, it is important to act quickly as there is a limited time frame to appeal your decision.

    Thank you.

  9. Karan January 7, 2012 9:49 am
    #

    Hi,

    My name is Karan. I am married to a Canadian citizen and she wants me to sponsor me. However, she does not have any income and is not employed. Can she still prove that she can financially support me? What’s the current processing time for Canadian perament residence application?

    Thnx

  10. mercy April 17, 2012 8:29 pm
    #

    Hi,

    My name is Mercy. I would like to know if I can sponsor my housband today. In the past, I had sponsored my ex-husband.

  11. Alicia Kim April 18, 2012 12:37 pm
    #

    Dear Mercy,

    Please note that when sponsoring an applicant, a sponsor signs an undertaking and the length of undertaking is three years after that applicant becomes a permanent resident.

    If you sponsored your ex-husband and three years have not elapsed, you may not sponsor a new husband.

    If your ex-husband has not become a permanent resident yet, you may be able to cancel your undertaking. However, I suggest that you consult with an experienced immigration lawyer with more detailed information about your situation.

    I hope this helps.

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