Second Marriage without divorcing first wife

Tell your brother to go get bent, if he needs to marry another woman he shouldnt even be contemplating being with his 1st wife. The guy is a joke, anyone who cannot hold down a commitment should be banned period.
In answer to your question, I damned well hope not.

What bothers me is that the application was initially refused for a non-genuine marriage - obviously, the officer had good reason to believe so - yet the appeal was won at ADR. It's my understanding that now, during re-processing, the application cannot be refused again for the same reason and, actually, this second "marriage" (according to CIC) is considered as nothing more than an extra-marital affair.

Right, except that the "same reason" would be in reference to the same inference/conclusion from the same set of facts . . . which is why I further said that if the subsequent relationship was on the table at the ADR, then it will have been adjudicated and would not be revisited.

In contrast, my impression is that the subsequent "second" marriage here was not the reason for the first, appealed refusal. So it may (and so long as it is known to the Visa Officer, should become) reason to refuse again . . . similar conclusion, relationship not genuine, but one based on the new, changed facts.

It can and should be considered in the re-evaluation (again, so long as it was not at issue specifically in the earlier refusal and ADR), as one of the requirements is, still, that the relationship supporting sponsorship be genuine and continuing and now there are new facts from which a reasonable person will conclude that the relationship is not a continuing one, not a genuine one.

But yeah, sure, the first level of inquiry is a factual one. An extra-marital affair, of itself, may or may not be cause to conclude the marriage is not genuine, not continuing. Depends on the extent to which it evidences a relationship that is inconsistent with a genuine and continuing exclusive relationship. Evidence of extended cohabitation with someone else is the sort of relationship that can indeed result in a refusal . . . and, if it is part of what is known to the Visa Officer, similarly a purported subsequent marriage to another.

Which leads to this:

What this makes clear is that a "genuine" relationship is not really about the couple being in a mutually respectful and loving relationship . . . but is all about whether or not the applicant might only be trying to get into Canada.

Actually it is neither of these. The first, the "mutually respectful and loving relationship" part is mere evidence of the genuineness of the relationship which is not all that relevant to marriages in some traditions, but of course relevant to many if not most western marriages. Where relevant, it has evidentiary weight but is not the test; many other marriages are entered into for all sorts of reasons with "love" not all that lofty in the equation.

The second part, the part about "getting into Canada" is a separate issue under the current law, and is about whether or not the marriage is one of convenience; and technically this is not even a legitimate query unless the officer has already decided, based on reasonable grounds, that the marriage is not genuine. As a practical matter, it seems clear that Visa Officers approach the genuineness issue fully considering the "motive" and if getting into Canada is the motive, they lean toward finding the marriage to not be genuine and to be a MOC. This is both contrary to federal court instructions and yet seems to be more common than not.

Thus, technically, under the federal court decisions, a relationship that is not genuine but was not entered into for obtaining status, still qualifies for sponsorship; that is, a legal marriage qualifies unless it is a MOC, which means (under present law) both, not genuine, AND for the purpose of immigration. There are ongoing discussions about amending the law to change this (primary "solution" would be that either would disqualify the relationship, either the lack of genuineness or an immigration motive). There appears to be a lot of agreement it should be changed but the sticking point appears to be the impact this would have on what one might call "legitimately" or genuinely (as in within the usual guidelines of some traditions) arranged marriages . . . that is, how to frame the actual requirements so as to continue to recognize these traditionally recognized (in certain cultures and contexts) marriages as qualifying for sponsorship.

Harper's government is, like most governments these days, bogged down in a lot of more pressing business, from Afghanistan and detainees, to Korea and Iran, along with the ongoing economic tension (while the Canadian economy is "recovering" the federal and provincial revenues have yet to rebound), so this may be on the back burner at the moment, but many observers (as I understand it) expect some changes in this aspect of the immigration law to come within the year.

Your brother did worst thing, did his first wife knew abt this second marriage? I will say again positivly that he will get immigration as his first wife sponsored him and they have been won thru ADR. But i am sure later if he want to sponsor his second wife to Canada he can not succedded sponsoring his second wife, because his second marriage is not legall according to Canadian Law, only first marriage will be potentially recognized for immigration purpose.

So i do not  think his second marriage will effect your first marriage and your immigration case. If your brother got immigration to Canada mean he can not sponsor his second wife even he divorced his first wife. He will have to divorce both wives first, then he will have to re marry the second wife which will be recognized as legall marriage for immigration, but this is a long and frustrating matter to divorce both wives then remarry the second wife again...Ooooooooo God your brother did  the worst thing... stupidity from him.

I know polygamy is allowed in some countries but in canada polygamy marriages are not allowed. You  have to live with monogamous (Having only one spouse at a time) marriage in Canada. So his second wife will get punished by what your brother did. Sometimes innocent get punished by guilty. so she (second wife) is innocent and your brother's stupidity will destroy her life.

I  suggested you from my knowledge about OP2 about Marriages types. If i am wrong maybe someother members can suggest u  right. Goodluck

Edited by LEON - 25 May 2010 at 5:27am

Exactly RedEagle.

Simply similar cases of fraud is the reason we are having a harder time and longer process.

I like the joke of "Yes he is romantically involved with canadian wife. " what about the second wife.

Based on what you've told us, sounds like your brother is commiting immigration fraud.  Hope he gets refused.