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in Canadá by Contributor (5.7k points)

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No, si haces el proceso solo (estando en realidad casado) NUNCA vas a poder apadrinar a tu pareja.

Si al momento de inmigrar, el padrino ya estaba en una relación
conyugal con el apadrinado y no lo declaró, no se puede solicitar el
apadrinamiento, bajo el reglamento 117(9)(d) de la Ley de Inmigración.

Esto tiene que ver con las secciones 117(9)(d) y 125(1)d del Reglamento de la Ley de Inmigración y de Protección de los Refugiados de Canadá que dice textualmente

R117(9)(d)

Excluded relationships

(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if (a) the
foreign national is the sponsor's spouse, common-law partner or
conjugal partner and is under 16 years of age; (b) the foreign
national is the sponsor's spouse, common-law partner or conjugal
partner, the sponsor has an existing sponsorship undertaking in
respect of a spouse, common-law partner or conjugal partner and the
period referred to in subsection 132(1) in respect of that undertaking
has not ended; (c) the foreign national is the sponsor's spouse and
(i) the sponsor or the foreign national was, at the time of their
marriage, the spouse of another person, or (ii) the sponsor has lived
separate and apart from the foreign national for at least one year and
(A) the sponsor is the common-law partner of another person or the
sponsor has a conjugal partner, or (B) the foreign national is the
common-law partner of another person or the conjugal partner of
another sponsor; or
(d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident
and, at the time of that application, the foreign national was a
non-accompanying family member of the sponsor and was not examined.


R125(1)(d)

Excluded relationships

  1. (1) A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their
    relationship to the sponsor if
    (a) the foreign national is the
    sponsor's spouse or common-law partner and is under 16 years of age;
    (b) the foreign national is the sponsor's spouse or common-law
    partner, the sponsor has an existing sponsorship undertaking in
    respect of a spouse or common-law partner and the period referred to
    in subsection 132(1) in respect of that undertaking has not ended; (c)
    the foreign national is the sponsor's spouse and (i) the sponsor or
    the spouse was, at the time of their marriage, the spouse of another
    person, or (ii) the sponsor has lived separate and apart from the
    foreign national for at least one year and (A) the sponsor is the
    common-law partner of another person or the sponsor has a conjugal
    partner, or (B) the foreign national is the common-law partner of
    another person or the conjugal partner of another sponsor; or
    (d) subject to subsection (2), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

Fuente: Apadrinamiento de parejas – mitos y realidades

by Contributor (5.7k points)
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