Does She Qualify as a Civil Law Partner for Express Entry?

[GodfreyAluko]

Hello Everyone!

I apologize for bothering you with my personal issues but I need to give you a background. I got married in 2006 but I have been separated for a little over 4 years now with an ongoing divorce case. The divorce proceedings have been dragging for about three years now as my ex-wife is frustrating the case - refusing/evading service, blocking the use of substituted service due to her parent's influence in the judiciary, etc. I haven't even had a single appearance in court. It's a complete mess.

I have now decided to immigrate to Canada and I have started preparations for application - ECA and IELTS. I am certain that my divorce wont be conluded by the time I am applying but I can't put my life on hold indefinitely. In addition to this, I met someone early 2016 and we moved in together last August. She is willing to move with me to Canada as my civil law partner and we would have been living together for 12 months by the time my ECA and language tests are complete. But now, I am in a dilemma.

My Questions

1. In this circumstance, will my live-in partner be recognized as a "civil law partner" for the purpose of the immigration (Express Entry) process?
2. If the answer to question 1 is "Yes", what documents/proofs do I need?
3. If the answer to question 1 is "No", what are my other options?

Kindly advise.

Godfrey.

 

[canuck_in_uk]

My Questions

1. In this circumstance, will my live-in partner be recognized as a "civil law partner" for the purpose of the immigration (Express Entry) process?
2. If the answer to question 1 is "Yes", what documents/proofs do I need?
3. If the answer to question 1 is "No", what are my other options?

Hi

The correct term is common-law partner.

1. Yes, she will be recognized as your common-law partner.

2. You will need to prove that you have been separated and that you have lived with your current partner for a year.

 

[mgnlky]

I'm not positive you can claim a common law partner if still legally married to someone else? I believe there was a thread about this going around a few a few months ago. You may try searching the forum for it.

ETA: found the thread http://www.canadavisa.com/canada-immigration-discussion-board/threads/in-a-common-law-relationship-but-still-married-to-my-previous-partner.470305/

 

[canuck_in_uk]

I'm not positive you can claim a common law partner if still legally married to someone else? I believe there was a thread about this going around a few a few months ago. You may try searching the forum for it.

ETA: found the thread http://www.canadavisa.com/canada-immigration-discussion-board/threads/in-a-common-law-relationship-but-still-married-to-my-previous-partner.470305/

Yes, a person can include their common-law partner even if married to someone else, provided they can show the marriage has ended.

 

[GodfreyAluko]

Thank you guys. I really appreciate the responses and the link (@mgnlky). What I can conclude from this is that this case is very difficult to prove. However, if she goes to Canada on her own e.g. for study, and we are able stay together there for a minimum of 12 months, then I can apply for her permanent residence from inside Canada. Right?

Thanks.

Godfrey

 

[mgnlky]

Thank you guys. I really appreciate the responses and the link (@mgnlky). What I can conclude from this is that this case is very difficult to prove. However, if she goes to Canada on her own e.g. for study, and we are able stay together there for a minimum of 12 months, then I can apply for her permanent residence from inside Canada. Right?

Thanks.

Godfrey

Personally, I would suggest consulting an immigration attorney for your case. Most will give you a free consultation. Is there any way for her to qualify for enough points through Express Entry to get her own ITA?

 

[canuck_in_uk]

Thank you guys. I really appreciate the responses and the link (@mgnlky). What I can conclude from this is that this case is very difficult to prove. However, if she goes to Canada on her own e.g. for study, and we are able stay together there for a minimum of 12 months, then I can apply for her permanent residence from inside Canada. Right?

It is not difficult at all and you have no other choice. If you don't include your partner and land as a PR as single, you will be committing misrepresentation AND your partner will be forever excluded from the Family Class, meaning you would never be able to sponsor her.

Unlike the above poster, I see absolutely no need for a lawyer. This is not a complicated situation.