Common law inquiries

[stephen92]

So my girlfriend and i just moved in 1 month before my last year of work visa starts. she is 33 has pr and is from mexico i am 26 from austrlia.

Now she just told me she cant sponsor me (from her lawyer) because she was divorced before we started dating and her ex (also mexican) have a house together in mexico that they are dividing but had included on Canadian tax while they were together 2 years ago.

I didnt seem to think that would affect us but when mentioned it i realisdd i couldnt ask her to much else.can any1 offer any insight ???

 

[Rob_TO]

So my girlfriend and i just moved in 1 month before my last year of work visa starts. she is 33 has pr and is from mexico i am 26 from austrlia.

Now she just told me she cant sponsor me (from her lawyer) because she was divorced before we started dating and her ex (also mexican) have a house together in mexico that they are dividing but had included on Canadian tax while they were together 2 years ago.

I didnt seem to think that would affect us but when mentioned it i realisdd i couldnt ask her to much else.can any1 offer any insight ???

That is not an issue, sounds like her lawyer knows nothing about immigration rules.

As long as she's separated from her ex, and has established a relationship with you and cohabited for 12 months, she can easily sponsor you for PR as long as you have evidence of the cohabitation. She would just include an affidavit that she's separated from her previous spouse even though there is no legal divorce. She may want to look into starting the legal divorce process from Canada.

 

[stephen92]

That is not an issue, sounds like her lawyer knows nothing about immigration rules.

As long as she's separated from her ex, and has established a relationship with you and cohabited for 12 months, she can easily sponsor you for PR as long as you have evidence of the cohabitation. She would just include an affidavit that she's separated from her previous spouse even though there is no legal divorce. She may want to look into starting the legal divorce process from Canada.

What do you mean by looking into starting legal divorce process in canada ? i may not understand correctly.

shes already divorced, went back to mexico to sign those papers. tjey didnt marry here ?

 

[Alurra71]

If she is divorced then there is nothing stopping her from sponsoring you unless you are not yet common law or married. Once you have achieved either one of those status' then she may sponsor you if she is willing. Her lawyer is not very versed in immigration, please don't use them to help with a sponsorship application.

 

[Rob_TO]

What do you mean by looking into starting legal divorce process in canada ? i may not understand correctly.

shes already divorced, went back to mexico to sign those papers. tjey didnt marry here ?

Sorry misread. If already legally divorced that makes it even easier, there is absolutely no reason she can't sponsor you. Again the lawyer is 100% wrong here.

 

[stephen92]

If she is divorced then there is nothing stopping her from sponsoring you unless you are not yet common law or married. Once you have achieved either one of those status' then she may sponsor you if she is willing. Her lawyer is not very versed in immigration, please don't use them to help with a sponsorship application.

We had just moved in together (start of march) my work visa ends april next year id like to start the application after 8 months living together then send it as we hit a year and go onto a tourist visa while we wait

 

[Alurra71]

We had just moved in together (start of march) my work visa ends april next year id like to start the application after 8 months living together then send it as we hit a year and go onto a tourist visa while we wait

If you start it a month 8 then be sure that there aren't any updated forms before you send it. 4 months can see some changes on these applications. You will need cohabitation for one full year plus a day. So, say you moved in on March 1, 2018 you will qualify as common law on March 2, 2019. Be sure that you keep up with proofs to prove your status with one another. Common bills and such sent to both of you at the same address, maybe adding one another to life insurance policies. Just keep collecting the proofs and sign the application and send it off once you've qualified.

Best of luck to you both!