In a common-law relationship, but still married to my previous partner

[opprthunter]

Hello all,

I have a tough situation and I was hoping to get some help from the experts here.

My common-law partner and I are in the process of completing our eAPR. We are both international workers currently residing in Canada and I am the secondary applicant. The problem is that in the eAPR as a secondary applicant (Partner of the primary application), my Marital status is set to "Common-Law" and cannot be modified.

However, I have been previously married in Canada. Even though I am legally separated, the divorce is pending a bunch of court-related issues. Now I don't know what to answer in:
"Has X been previously married or in a common-law relationship?"

Technically, I have not been previously married or in a common-law relationship, as I still "AM" married. I am however legally separated. But, if I select YES, there is no option to specify "legally separated" when asked "How did this relationship end?"

One thing I thought was to answer "NO" to that question and provide all details in the Letter of Explanation. But it might be interpreted as I did not want to disclose my marriage.

Any help is highly appreciated.

 

[mgnlky]

Technically, I think you have to say yes because you been previously married because you *are* married now.

You are claiming that you're in a common-law relationship while still married; you cannot ignore the marriage. The question asks if you have been previously married; you have.

 

[xpressentry]

Answering 'no' would mean that you were never married.

 

[g126]

I don't think you situation will work because there is no way they will recognize your current common law relationship if you're still married. You'll be asked to submit your divorce paper to show you've finalized your precious relationship and as soon as they realize you have no divorce paper you whole application will be canceled.

My suggestion, which you'll not like is to:
- either get your divorce finalized before you submit everything,
- or withdraw from the application so that you don't drag you current partner down with you.

If you don't say anything and they find out (very probable since you're married in Canada) then you'll get called out of misrepresentation and may be banned for 5 year from the EE... how will your partner feel about that since she is the PA and hence will be held responsible for everything if it goes pear shaped?

 

[mgnlky]

I don't think you situation will work because there is no way they will recognize your current common law relationship if you're still married.

I was wondering about that part too when I read the original post. I don't see how Canada would recognize two 'legal-status' relationships at once.

 

[andremarques19751]

I don't think you situation will work because there is no way they will recognize your current common law relationship if you're still married. You'll be asked to submit your divorce paper to show you've finalized your precious relationship and as soon as they realize you have no divorce paper you whole application will be canceled.

My suggestion, which you'll not like is to:
- either get your divorce finalized before you submit everything,
- or withdraw from the application so that you don't drag you current partner down with you.

If you don't say anything and they find out (very probable since you're married in Canada) then you'll get called out of misrepresentation and may be banned for 5 year from the EE... how will your partner feel about that since she is the PA and hence will be held responsible for everything if it goes pear shaped?

Indeed, I was asked to provide divorce papers as an additional document on the EE process.

 

[jes_ON]

Hello all,

I have a tough situation and I was hoping to get some help from the experts here.

My common-law partner and I are in the process of completing our eAPR. We are both international workers currently residing in Canada and I am the secondary applicant. The problem is that in the eAPR as a secondary applicant (Partner of the primary application), my Marital status is set to "Common-Law" and cannot be modified.

However, I have been previously married in Canada. Even though I am legally separated, the divorce is pending a bunch of court-related issues. Now I don't know what to answer in:
"Has X been previously married or in a common-law relationship?"

Technically, I have not been previously married or in a common-law relationship, as I still "AM" married. I am however legally separated. But, if I select YES, there is no option to specify "legally separated" when asked "How did this relationship end?"

One thing I thought was to answer "NO" to that question and provide all details in the Letter of Explanation. But it might be interpreted as I did not want to disclose my marriage.

This might help - bottom of p. 23 -

http://www.cic.gc.ca/English/resources/manuals/ip/ip08-eng.pdf

5.16 Previous spouse or common-law partner (p. 23)

5.24 Sponsor or common-law partners still married to someone else (p. 27)

"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 commonlaw
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
 a separation agreement;
 a signed formal declaration that the marriage has ended and that the person has entered
into a common-law relationship;
 a court order regarding custody of children; and
 documents removing the legally married spouse(s) from insurance policies or wills as
beneficiaries.

In this situation, the legal spouse of the principal applicant cannot subsequently be sponsored as
a member of the family class. "

You have to answer "Yes" to previous marriage, what are the response options to "How did this relationship end?"

 

[g126]

Well given jes_ON's post it may work... @opprthunter, you say you are still married but you are legally separated, do you have any documents or signed statements to attest that fact? If so you MAY be OK.

Fact is, common law is doggy ground, it's fairly hard to prove in the first place and you have extra complications to deal with... If you do go ahead make sure your partner is aware of the possibilities and try to build bullet proof case by providing as much documentation as possible to prove you're separated from you previous wife and that you have been living together with your current common law partner for over 12 months.

 

[EE456]

Hello all,

I have a tough situation and I was hoping to get some help from the experts here.

My common-law partner and I are in the process of completing our eAPR. We are both international workers currently residing in Canada and I am the secondary applicant. The problem is that in the eAPR as a secondary applicant (Partner of the primary application), my Marital status is set to "Common-Law" and cannot be modified.

However, I have been previously married in Canada. Even though I am legally separated, the divorce is pending a bunch of court-related issues. Now I don't know what to answer in:
"Has X been previously married or in a common-law relationship?"

Technically, I have not been previously married or in a common-law relationship, as I still "AM" married. I am however legally separated. But, if I select YES, there is no option to specify "legally separated" when asked "How did this relationship end?"

One thing I thought was to answer "NO" to that question and provide all details in the Letter of Explanation. But it might be interpreted as I did not want to disclose my marriage.

Any help is highly appreciated.

Did you get your PR ?

 

[opprthunter]

Yes, I did.
Most of the advice given above was absolutely irrelevant. Most people comment here with their assumptions rather than commenting based on fact. Some people didn't even bother trying to understand the issue before commenting.
All I mean to say is that at the end of the day, the office on the other side is another human being and as long as you are honest in disclosing everything, they would understand.
An example is "No way they recognize your common-law relationship if you are still married". Well "Wrong" because Canada officially recognizes "legally separated" as a status.
I appreciate jes_ON and g126's answer. I simply selected "previously married" (even tho at that time I was technically still married but legally separated). I simply explained to the officer that this is the case and they had no problem understanding it.
Also proving common-law wasn't hard if you have proof that you lived together, you do your taxes together, share bank accounts, etc.
Just came back to say this to help others in this situation.