Regulation 4.1 – Previous Marriages and Divorces

Sponsorship Appeal Full Hearing (Guyana)

File No.: TB4-08695

The Appellant is a naturalized Canadian citizen and a national of Guyana. He was previously in a relationship with his current wife until he came to Canada. He met his first wife in Canada who sponsored his application for permanent residence. The Appellant and his first wife separated after he landed. When he went back to Guyana, he rekindled his relationship with his current wife. They married and had a child together.

The Appellant sponsored his current wife to Canada, but the application was refused under section 4.1 of the Immigration and Refugee Protection Regulations and section 39 of the Immigration and Refugee Protection Act.  He appealed to the IAD but later withdrew the appeal to submit a second sponsorship. Unfortunately, it was refused again under section 4.1 of the IRPR. He then retained our firm to assist him with the appeal. Section 4.1 states:

4.1 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act.

Result: After considering the documentary and oral evidence, as well as the submissions of both parties’ counsels and a careful review of the Record, the Panel found the Appellant was not caught by section 4.1 of the Regulations.

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