Common law while still married.

[brocas]

Hi, i have a friend that is still married in Canada (separated not divorced) but living in common law with someone else in another country.

Is it possible for him to bring the girlfriend that he lives in common law outside Canada in to Canada as landed immigrant and get her a PR while not legally divorced in Canada ?

Thank you.

 

[canuck_in_uk]

Hi

Yes, he can sponsor his common-law partner while still married to someone else. He will need to show solid proof that the previous relationship has ended; filing for divorce would be a good idea.

 

[brocas]

Thank you, never thought that Canadian laws would be so easy on immigration and legalization laws.

 

[MRheaB]

Hi

Yes, he can sponsor his common-law partner while still married to someone else. He will need to show solid proof that the previous relationship has ended; filing for divorce would be a good idea.

Not necessarily true, one of the required documents to be a sponsor is a divorce certificate as you are still legally married until the divorce has been finalized and you cannot be married and in a common-law at the same time.

 

[Loveactually]

I filed common law and I am still married I am not divorced because I have no idea where he is

 

[mickay]

My cousin is legally married to first wife and have children. Then seperated and have another wife and have kid.. He file commonlaw to the second wife and took affidavit of separtion and file it in cic as legally seperated. (Take note: they ate living in Philippines so they only get papers from barangay that they are not living together) Cic accept it as a document of legally seperated. And now the comon law wife and the son are now here in canada... PR...

You must provide only a proof of document that you are seperated on your legal married it would not be necessary a divorce..,

My aunt also do same scenario and got their PR.

 

[Loveactually]

Yeah I don't know what I can get if they request a document I have not seen my ex in 7 years no idea where he is nor do I have contact information. I have since been in a common law relationship and have a child

 

[canuck_in_uk]

Not necessarily true, one of the required documents to be a sponsor is a divorce certificate as you are still legally married until the divorce has been finalized and you cannot be married and in a common-law at the same time.

Incorrect.

IP8 - Spouse or common-law partner in Canada Class

5.24 Sponsor or common-law partners still married to someone else

Persons who are married to third parties may be considered common-law partners provided their
marriage has broken down and they have cohabited in a conjugal relationship with the common-
law partner for at least one year.

Cohabitation with a common-law partner must have started after a physical separation from the
spouse. Evidence of separation from the spouse may include

 

[Loveactually]

Thank you canuck in the UK

 

[edwin1214]

Hi

Yes, he can sponsor his common-law partner while still married to someone else. He will need to show solid proof that the previous relationship has ended; filing for divorce would be a good idea.

canuck_in_uk is right he can sponsor her even is still married,as soon as a relationship is genuine and apply as a common law. My partner is still married in the Philippines and her annulment still on process we apply as a comm law last march 2015, I approved as a sponsor may 2015 and my partner she receive a letter from CEM for PPR last week, she did already send her passport and we just waiting for her visa I hope this coming next month she get her visa..

 

[TANMEX]

Not necessarily true, one of the required documents to be a sponsor is a divorce certificate as you are still legally married until the divorce has been finalized and you cannot be married and in a common-law at the same time.

Where did you get this from ? divorce certificate is not required for common-law , a proof of separation is good enough .

 

[axvue]

How can I proof the separation?like what documents I can proof?

 

[Stevin]

How can I proof the separation?like what documents I can proof?

I am only separated, not legally divorced...yet. I still had a document from my lawyer indicating that we are now legally separated, it also documented all other arrangements that were made as we proceed towards divorce (child arrangements, financial seperation, etc etc).

 

[axvue]

We filing the divorce, but nothing else can proof he is separated with his ex-wife..do you long how long will the divorce take?if cic ask for documents what we can give? :'(

 

[Ryzacue]

My cousin is legally married to first wife and have children. Then seperated and have another wife and have kid.. He file commonlaw to the second wife and took affidavit of separtion and file it in cic as legally seperated. (Take note: they ate living in Philippines so they only get papers from barangay that they are not living together) Cic accept it as a document of legally seperated. And now the comon law wife and the son are now here in canada... PR...

You must provide only a proof of document that you are seperated on your legal married it would not be necessary a divorce..,

My aunt also do same scenario and got their PR.

Hi,
Would you mind what documents they provide? My common law was still married in the philippines. And separated for almost 15 years however, no chance of getting annulled coz its expensive, is it possible to include him for mt pr application? Thanks for the reply