Common Law

[trixy3819]

Hi,
I am aware that I asked this question previously but I'm really confused, If my husband is trying to apply her mistress for a common law relationship with no legal status for more than 2 years will it be granted? We are not divorced nor legally separated, the mistress consultant informed them that they can because they have a child.
What can I do to inform cic that this is not legal?
Please help....

 

[KBH]

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 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.

----

Your husband would need to be able to provide the proof listed above in order for the application to be approved.

 

[scylla]

Hi,
I am aware that I asked this question previously but I'm really confused, If my husband is trying to apply her mistress for a common law relationship with no legal status for more than 2 years will it be granted? We are not divorced nor legally separated, the mistress consultant informed them that they can because they have a child.
What can I do to inform cic that this is not legal?
Please help....

Yes - it's perfectly legal. A person doesn't have to be divorced to enter into a common law relationship. All they have to do is prove they are no longer in a relationship with their former spouse.

Also - yes. Someone without status in Canada can get PR by being sponsored as a common law partner.

There's nothing to inform CIC about. All of this is legal and allowed. Your best and only option is to move on and forget about him.

 

[Rob_TO]

Hi,
I am aware that I asked this question previously but I'm really confused, If my husband is trying to apply her mistress for a common law relationship with no legal status for more than 2 years will it be granted? We are not divorced nor legally separated, the mistress consultant informed them that they can because they have a child.
What can I do to inform cic that this is not legal?
Please help....

If you have been separated long enough for him to live 1 year with someone new... then yes you are officially separated for immigration purposes and he is able to sponsor his common-law partner for PR. The fact they have a child is irrelevant, he could even sponsor her if they didn't have a child. The only legal thing that really matters is they've lived together for 12 consecutive months.

The only ways that he would be unable to sponsor her are:
- if you previously sponsored him for PR as a spouse, and 5 years had not passed since he became a PR
- if he sponsored you for PR, and you are still within your 3 year undertaking period since becoming a PR

If neither of these apply to you, then there is absolutely nothing you can do or inform IRCC about.

 

[trixy3819]

I'm really confused with the reply of Rob and Scylla.
KBH's reply goes with what I've read from the cic website, there is no problem of moving on but the thing is I would like to go through the process and not doing behind my back, they submitted that option because the mistress is running out of time, her Humanitarian application was denied and according to her consultant that is the only way she could stay if she will be approve for the common law application.
They are leaving together for a year but my husband just leave with her but everything is the same, using our address, insurance still the same everything is the same.
What is the best way for them to be approve with a common law application?

 

[Miraclejj]

Mmm, why all of sudden that I felt actually you were the mistress?

You last sentence somehow is quit odd, tbh.

 

[trixy3819]

Nope, I'm just tired of everything. If they want to apply for that I wont stop them but they have to go through process, wherein me and my kids will not be left behind with nothing.

 

[Miraclejj]

Nope, I'm just tired of everything. If they want to apply for that I wont stop them but they have to go through process, wherein me and my kids will not be left behind with nothing.

Quite understandable. But this is an immigration forum, and what you need to do is to find a good family lawyer to assess the possibility of getting child support or alimony, as soon as possible.

 

[Rob_TO]

What can I do to inform cic that this is not legal?

What is the best way for them to be approve with a common law application?

I don't understand, in one post you want to declare them illegal to IRCC and stop their sponsorship, and then in the next you want to find the best way for them to get approved??

Anyways, as long as they can prove 1 year of cohabitation, she will likely be approved for PR. Even if her H&C app fails, that will not stop her from qualifying for PR.
To prove cohabitation, they will need to show things like a shared lease, common accounts, mail to same address, etc etc.