Spousal Visa Question
- Thread starter Cas12
- Start date
I would strongly recommend waiting until they have actually separated and moved out and are no longer living together.
Agree that IRCC will look at the separation and the marriage is ONLY for immigration purpose if the common-law partners still live together.
You need to live separated to be "separated" and then get married to a different person. It almost looks like the marriage is just on paper and it doesn't make sense that you Canadian citizen spouse agrees to this arrangement. It's strange. Specially if the new spouse travels back to Canada and leaving OP and common law partner still living together after the marriage.
There's no legal restriction. If you plan to apply for spousal sponsorship, though, would recommend moving out at minimum several months before applying, and honestly - better to move out before getting married.
There's a risk it will look like a fake relationship and marriage for immigration purposes.
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If a foriegner(whos in a common-law relationship on paper) gets married to a Canadian citizen, IN Canada and continues to live there after their marriage & throughout the Spousal Visa process, would that cause an issue? Would it be necessary to state specifically that the foreigners, relationship(common-law) is over OR could they just not mention it in the forms?
So just to confirm if Im understanding what you are saying. . .
If a foriegner(whos in a common-law relationship on paper) gets married to a Canadian citizen, IN Canada and continues to live there after their marriage & throughout the Spousal Visa process, would that cause an issue? Would it be necessary to state specifically that the foreigners, relationship(common-law) is over OR could they just not mention it in the forms?
So just to confirm if Im understanding what you are saying. . .
If a foriegner(whos in a common-law relationship on paper) gets married to a Canadian citizen, IN Canada and continues to live there after their marriage & throughout the Spousal Visa process, would that cause an issue? Would it be necessary to state specifically that the foreigners, relationship(common-law) is over OR could they just not mention it in the forms?
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The previous common law relationship must be mentioned in the application forms. Not mentioning it is misrepresentation which could cause big issues with their application.
The previous common law relationship still needed to be disclosed.
This is however very different from the original post.
My understanding is that you are living outside of Canada with the (ex) common law partner AFTER you got married to your Canadian spouse.
If your question is that you left your country where you had the common law relationship and MOVE to Canada and gets married in Canada with a new spouse, then it's a totally different situation. The confusing part is that are you still living with your ex common law partner? And is that happening inside or outside Canada.
Regardless, previous relationship needs to be disclosed. Otherwise, it's misrepresentation. (And it makes sense for common law relationship to END when the 2 persons do not live at the same address any more)
Apologies, I was trying to keep it short.
But yes, I will be leaving very soon within a few weeks, to move to Canada with my new partner and get married early next year. My previous relationship(in Norway) has ended almost a year ago but we do share the same address. Also just for information, the residence card/permit Im on(which is based on our relationship), will expire next year Nov.
What are your thoughts, recommendations?
So to be clear:
-You're currently in a relationship with a Canadian and planning to move to Canada;
-You were in a common law relationship before but still share a residence with that former partner;
-You'll move to Canada soon with your new partner, with whom you've never resided (presumably just as a visitor);
-You two will live together in Canada, get married and after that, your spouse will sponsor you from within Canada.
Is that correct?
No big issue, really. You should provide some background info on why you didn't move, and how your new relationship started (including whether there was overlap) and that that relationship continued despite residing with your former common law partner. You should make sure the evidence of you and your spouse residing together in Canada is good, and other relationship evidence.
But overall - nothing that strange about it, if the reason to continue living together is not crazy. The main thing is that the evidence of the new relationship and residing together in Canada is solid. I assume Norway has laws about common law that are not particularly formal (somewhat like Canada's) or, if not, that you've followed whatever procedures needed to formally end it. If you do have evidence of that relationship ending, provide it.
Your previous posts made it sound rather like you were going to get married while still living with your former partner and then apply straightaway like that. That would look like a fake marriage.
Hi, Thank you very much for your response. Truly appreciate your time and effort.
Apologies for the late reply here.
Yes, on all points you mentioned above. That is precisely what it is.
On the note if there would be any documentation to show for my common-law relationship, that it has ended. I would need to find out, Im not sure about that. Background information, I can certainly provide.
I however, do have a follow-up question, would I be needing to provide any sort of Civil-Status documentation regarding myself, from my homeland country, residence etc for the Canadian process?
-In most places you may not have any documentation from ending a common-law relationship. Not a big deal. If you do have something (like any civil settlement, split of belongings, or even just correspondence), include it. If not, just explain you don't have.
-Civil status: marriage is a provincial responsibility, with registering to get a marriage license at city hall or other locations. So just check what is needed. In most provinces (as far as I'm aware), nothing on civil status is needed IF you haven't been married before.