help!!about divorce..

[axvue]

Me and my partner are hving a common law relationship for 3 years,we want to apply the application lately,but my partner married in hk before,and his wife is in China but we can't find her,is there any way we can get a divorce without his wife?and he did not have the marriage certificate with him.please help!!!!!!!

 

[Rob_TO]

Me and my partner are hving a common law relationship for 3 years,we want to apply the application lately,but my partner married in hk before,and his wife is in China but we can't find her,is there any way we can get a divorce without his wife?and he did not have the marriage certificate with him.please help!!!!!!!

He doesn't need a divorce. You can be common-law and still be married on paper only to someone else, as long as you are separated from that previous spouse.

 

[Ponga]

As long as the marriage has `broken down' and both parties have been separated for at least one year, a Common-law sponsorship application can be submitted, without getting the divorce.

Here's a similar thread:
http://www.canadavisa.com/canada-immigration-discussion-board/can-i-sponsor-my-commonlaw-husband-if-i-am-not-yet-divorced-t122385.0.html

And here's the link to a CIC manual that verifies this:
www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf
(see section 5.24: Sponsor or common-law partners still married to someone else

 

[axvue]

I know we can still send the application but on the form IMM 5285
Q10 was your sponsor ever previously married or in a common law relationship?YES.
Divorce papers/death certificate attached ? I can't provide the divorce certificate,how can I explain? :-X

 

[Rob_TO]

I know we can still send the application but on the form IMM 5285
Q10 was your sponsor ever previously married or in a common law relationship?YES.
Divorce papers/death certificate attached ? I can't provide the divorce certificate,how can I explain? :-X

Just explain the issue and that the ex-spouse is location unknown and no way to contact her.

 

[axvue]

Just explain the issue and that the ex-spouse is location unknown and no way to contact her.

Thanks,I think that's the only way to do now. :'(