Canada strictly prohibits bigamy and polygamy. You cannot legally sponsor a new spouse to Canada if either of you has an undissolved previous marriage. You must first obtain a final divorce decree that is legally recognized in Canada before getting remarried and submitting your sponsorship application to IRCC.
Understanding Bigamy and Spousal Sponsorship in Canada
In Canada, the legal definition of marriage is strictly monogamous. Under the Civil Marriage Act and the Criminal Code of Canada, bigamy (being married to more than one person at a time) is a serious offence. Even if multiple marriages are culturally or legally accepted in your home country, Immigration, Refugees and Citizenship Canada (IRCC) will immediately reject a spousal sponsorship if either the sponsor or the applicant is still legally married to someone else.
Many immigrants who settle in cities like Calgary, Ottawa, or Halifax face this hurdle when they try to remarry. 🔍 Often, they have been separated from their first spouse for years, but never finalized the paperwork. A separation agreement is not enough to allow you to marry someone new. To sponsor a new spouse, you must prove that the previous marriage was legally and completely dissolved through a divorce or an annulment.
If your previous divorce took place outside of Canada, extra steps are required. IRCC and provincial marriage registries must verify that the foreign divorce meets Canadian legal standards. Navigating international divorce laws can be incredibly complex, which is why hiring a Canadian family or immigration lawyer from our directory is a wise first step.
Step-by-Step Process in Canada
To successfully sponsor a new spouse, you must clear your marital history. Follow these precise steps before you submit any sponsorship documents to the federal government.
Step 1: Obtain Your Final Divorce Decree
If you or your new partner were previously married, you must secure the final, official divorce certificate. 📝 If the divorce happened in Canada, you need the Certificate of Divorce from the provincial court (e.g., the Superior Court of Justice in Ontario). If it happened abroad, you need the official foreign court decree, translated into English or French by a certified translator.
Step 2: Get a Foreign Divorce Opinion Letter (If Remarrying in Canada)
If you were divorced outside of Canada but plan to marry your new spouse inside Canada, provincial registries will not issue a marriage licence immediately. You must hire a Canadian lawyer to write a “Foreign Divorce Opinion Letter.” The lawyer reviews the foreign documents and provides a legal opinion to the provincial government stating that the foreign divorce is valid under Canada’s Divorce Act.
Step 3: Legally Marry Your New Spouse
Once your divorce is legally recognized, you can proceed with your new marriage. 💍 Ensure the marriage is legally binding in the jurisdiction where it takes place. If you marry abroad, you must receive an official, government-issued marriage certificate.
Step 4: Prepare the IRCC Sponsorship Application
When assembling your spousal sponsorship application, you must include proof of your new marriage and proof of the dissolution of all past marriages. IRCC requires the divorce certificates of any previous marriages for both the sponsor and the principal applicant to confirm that no bigamy has occurred.
Canadian Divorces vs. Foreign Divorces
IRCC treats domestic and international divorces differently. Here is what you need to know.
| Divorce Location | Proof Required by IRCC | Provincial Recognition Required? |
|---|---|---|
| Divorced Inside Canada | Canadian Certificate of Divorce. | No. Automatically recognized across Canada. |
| Divorced Outside Canada | Foreign decree + certified translation. | Yes, if you want to remarry inside Canada (requires a legal opinion letter). |
| Informal/Religious Divorce | Not accepted. Must be a civil court decree. | Cannot be recognized. A civil divorce is mandatory. |
How Much Does it Cost in Canada?
Resolving an undissolved marriage and filing for sponsorship requires several legal fees. Here are the typical costs in CAD.
- Canadian Divorce Filing Fees: An uncontested divorce in Canada generally costs $400 to $650 CAD in court fees, depending on the province.
- Foreign Divorce Opinion Letter: Canadian family lawyers typically charge between $200 and $500 CAD to draft this mandatory letter.
- Certified Translations: Translating foreign divorce documents usually costs $50 to $100 CAD per page.
- IRCC Sponsorship Fees: The total federal fee for a spousal sponsorship application is $1,225 CAD (including the Right of PR fee).
How Long Does the Process Take?
An undissolved marriage significantly delays your ability to sponsor. ⏱ Plan your timelines accordingly.
- Obtaining a Canadian Divorce: Even if you have been separated for the mandatory one year, processing a simple, uncontested divorce through the courts takes 3 to 6 months.
- Foreign Divorce Recognition: Obtaining an opinion letter and approval from the provincial marriage registrar takes about 3 to 4 weeks.
- IRCC Sponsorship Processing: Once the legal hurdles are cleared and you apply, IRCC processes standard spousal sponsorships in roughly 10 to 12 months.
Frequently Asked Questions (FAQ)
Can I sponsor my new partner as “common-law” if I am still legally married?
Yes, but it is highly scrutinized. If you are physically and legally separated from your spouse, and you have been living continuously with your new partner for at least 12 months, Canadian immigration law may allow you to sponsor them as a common-law partner. You must provide extensive proof of the separation.
What if my home country does not allow divorce?
If divorce is illegal or impossible in your home country (e.g., the Philippines), and you currently live in Canada, you must obtain a divorce through the Canadian court system. You are eligible to file for divorce in a Canadian province if you have resided there for at least one year.
Will IRCC accept a religious annulment?
No. While a religious annulment is important for your personal faith, IRCC only recognizes civil legal authority. You must provide a court-issued divorce certificate or civil annulment recognized by the state.
Can I apply for sponsorship while waiting for the divorce to finalize?
No. If you are applying under the married class, you cannot even legally marry your new partner until the previous divorce is finalized. Submitting an application before the final divorce decree is issued will result in an immediate refusal.
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