Dependent Children & Estranged Spouses Non-Accompanying

[JRob32]

My fiance is currently going through the process of a divorce and has 3 children who are currently living with his soon-to-be ex-wife. We will not be bringing them to Canada.

I am planning to sponsor him as my conjugal partner so he is able to work in Canada and travel back and forth between Canada and the US to visit his children while establishing his work life and our own family here.

Does he need to claim his children as dependents, even though they will not be accompanying him to Canada? Does his soon-to-be ex-wife need to involved in the PR process, as they are no longer in a relationship and in the process of dissolving their marriage?

 

[scylla]

My fiance is currently going through the process of a divorce and has 3 children who are currently living with his soon-to-be ex-wife. We will not be bringing them to Canada.

I am planning to sponsor him as my conjugal partner so he is able to work in Canada and travel back and forth between Canada and the US to visit his children while establishing his work life and our own family here.

Does he need to claim his children as dependents, even though they will not be accompanying him to Canada? Does his soon-to-be ex-wife need to involved in the PR process, as they are no longer in a relationship and in the process of dissolving their marriage?

Assuming he's American, there is zero chance a conjugal application is going to be successful. Before you can sponsor him for PR, you'll either need to live together for a year to become common law or wait for his divorce to be finalized and get married.

 

[JRob32]

Assuming he's American, there is zero chance a conjugal application is going to be successful. Before you can sponsor him for PR, you'll either need to live together for a year to become common law or wait for his divorce to be finalized and get married.

Interesting. He is American. We were hoping we could get him here to work while we wait for his divorce to be finalized under a conjugal partnership. Do you know the reason he will be unable to come here under conjugal?

 

[limonade]

Interesting. He is American. We were hoping we could get him here to work while we wait for his divorce to be finalized under a conjugal partnership. Do you know the reason he will be unable to come here under conjugal?

You don’t meet the criteria. There is nothing stopping you from living together under the cic guidelines. Because it’s to expensive, work, school etc are not answers they accept. You will have to live with him for common law or wait until he is divorced, wait the 30 day period for his divorce to be valid in Canada and get married.

 

[canuck_in_uk]

Interesting. He is American. We were hoping we could get him here to work while we wait for his divorce to be finalized under a conjugal partnership. Do you know the reason he will be unable to come here under conjugal?

There is no legal barrier preventing you from becoming common-law.

 

[scylla]

Interesting. He is American. We were hoping we could get him here to work while we wait for his divorce to be finalized under a conjugal partnership. Do you know the reason he will be unable to come here under conjugal?

You face no immigration barriers to becoming common law. Conjugal is a special class for individuals who cannot get married and cannot live together for a year to become common law. Becoming common law is pretty easy where the partner is American.

Example where conjugal applies: Couple is same sex. Applicant is from a country where same sex marriage is not allowed and where same sex relationships are prohibited by law. Canadian cannot live in applicant's country as a visitor for more than three months straight. Applicant has been refused a TRV to Canada - so cannot come to Canada to live together or get married. Applicant also cannot get visa to any other country that may allow same sex marriage.

 

[JRob32]

There is no legal barrier preventing you from becoming common-law.

Where he is unable to work in Canada until PR is granted, it would be difficult for him to work here common-law for a year considering he has children to provide child support payments for. Is there any way to get a working visa prior to PR being granted?

 

[canuck_in_uk]

Where he is unable to work in Canada until PR is granted, it would be difficult for him to work here common-law for a year considering he has children to provide child support payments for. Is there any way to get a working visa prior to PR being granted?

That is a personal situation, not a legal barrier.

If his profession qualifies under NAFTA and he can get a job offer, he could apply for a work permit. Otherwise, he needs an offer from an employer with a positive LMIA.