Common Law - still married to his previous partner

[ranne08]

Hi everyone, I have a question hope you can help me. I have a plan to sponsor my bf here in Manitoba unfortunately he is still legally married to his ex wife. But we were together for about 4years (live in). Can I still get him? What would be the documents or steps to do? Thanks in advance!

 

[Jaywill]

Cant say for sure but they generally want evidence of terminated previous relationship, ie divorce papers, death certificates etc

 

[ranne08]

Cant say for sure but they generally want evidence of terminated previous relationship, ie divorce papers, death certificates etc

divorce is not applicable in our country. Annulment process usually stand for atleast 4-5 years.

 

[Rob_TO]

divorce is not applicable in our country. Annulment process usually stand for atleast 4-5 years.

Divorce is not needed. As long as you're separated and lived apart from your ex-spouse, that is all that matters. See here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.38. What happens if the common-law partner (principal applicant) is married to another person?

 

[ranne08]

Divorce is not needed. As long as you're separated and lived apart from your ex-spouse, that is all that matters. See here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.38. What happens if the common-law partner (principal applicant) is married to another person?

Does it means affidavit of testimony of our family and/or friends can be one of our evidence aside from court docs? Thank you!

 

[Rob_TO]

Does it means affidavit of testimony of our family and/or friends can be one of our evidence aside from court docs? Thank you!

Just your own signed declaration is probably good enough. You've lived with your current partner for 4 years and will be submitting proofs of this, so there won't be any concerns that you are still in a relationship or living with your ex-spouse.

 

[ranne08]

Just your own signed declaration is probably good enough. You've lived with your current partner for 4 years and will be submitting proofs of this, so there won't be any concerns that you are still in a relationship or living with your ex-spouse.

Thanks for patiently answering my queries. Looking forward to get my bf here and start a new life.

 

[ranne08]

Just your own signed declaration is probably good enough. You've lived with your current partner for 4 years and will be submitting proofs of this, so there won't be any concerns that you are still in a relationship or living with your ex-spouse.

One more. I’m staying here for almost a year and with PR Status. Can i sponsor him like by next year?

 

[WorkerInCanada123]

I recently applied through common-law, and my parter had previously been married. It is our understanding that he had to be divorced in order to sponsor me. We got this information from the instruction on the IMM 1344 Application Form, Question 9

1. You must tell us if you were previously married or in a common-law relationship.
2. If you were previously married, a divorce certificate must be provided in order to proceed with your spousal sponsorship.

Our situation is different to yours, as he is divorced. But I just wanted to share this information with you as we thought that the sponsor needed to supply a divorce certificate in order to sponsor.

 

[canuck_in_uk]

One more. I’m staying here for almost a year and with PR Status. Can i sponsor him like by next year?

When exactly did you become a PR? If you had already been living with your partner for a year when you landed and didn't include him as your common-law partner, he is forever excluded from the Family Class and you cannot sponsor him.

 

[ranne08]

When exactly did you become a PR? If you had already been living with your partner for a year when you landed and didn't include him as your common-law partner, he is forever excluded from the Family Class and you cannot sponsor him.

PR since last year. What would be the best thing that we can do?

 

[Rob_TO]

I recently applied through common-law, and my parter had previously been married. It is our understanding that he had to be divorced in order to sponsor me. We got this information from the instruction on the IMM 1344 Application Form, Question 9

1. You must tell us if you were previously married or in a common-law relationship.
2. If you were previously married, a divorce certificate must be provided in order to proceed with your spousal sponsorship.

Our situation is different to yours, as he is divorced. But I just wanted to share this information with you as we thought that the sponsor needed to supply a divorce certificate in order to sponsor.

That is for sponsoring a spouse (someone you are married to). Doesn't apply to a common-law partner.

Spouse, common-law partner and conjugal partner are 3 different classes of application.

 

[Rob_TO]

PR since last year. What would be the best thing that we can do?

How exactly did you get your own PR status?
And at the time of that application, since you had been living together more than 1 year why didn't you declare him in the app as a common-law partner?

If you didn't declare him and did your PR landing as "single", then you committed misrepresentation and the consequence now is you can never sponsor him to Canada, ever. He would need to qualify and immigrate independently.

 

[ranne08]

How exactly did you get your own PR status?
And at the time of that application, since you had been living together more than 1 year why didn't you declare him in the app as a common-law partner?

If you didn't declare him and did your PR landing as "single", then you committed misrepresentation and the consequence now is you can never sponsor him to Canada, ever. He would need to qualify and immigrate independently.

If that will be the case. Can he apply here and put me as his friend? Or any suggestion that we can do?

 

[Rob_TO]

If that will be the case. Can he apply here and put me as his friend? Or any suggestion that we can do?

Apply for what? Does he have the education/work experience to qualify for PR under an economic immigration stream (like Express Entry, PNP, etc)?

If so, then he should apply that way. He will list you as a common-law partner in his application, but since you're already a PR it wouldn't have any negative effect on it.

The only thing you can't do, is to sponsor him under a family class application (as common-law or married).