Second Spousal Work permit

[Ochenta8]

Need some help...

My common-law partner and I would like to apply for an spouse work permit for him. Base on my PGWP (Still available for 2 more years).

The issue is that he was married 2 years back and that’s the reason why he has a spousal work permit already. However will expire in 3 months. Can he get a new spouse work permit with a new relationship or an extension? As a common law partner.

 

[k.h.p.]

Is he divorced?

Spousal permits are not guaranteed. Yours here may be challenging.

 

[Ochenta8]

Is he divorced?

Spousal permits are not guaranteed. Yours here may be challenging.

He is getting divorced now. They never finish the divorce process. But both agreed to sign papers and finish the process as soon as possible.

 

[k.h.p.]

Since he's in Canada, I'm not sure if he needs to be divorced before you can start the 12 month clock to count a relationship as common-law.

 

[Ochenta8]

Since he's in Canada, I'm not sure if he needs to be divorced before you can start the 12 month clock to count a relationship as common-law.

Thats no the point. We are fine with the common law because we already have a year living together and we have the documents. & we told with a lawyer about it. He doesnt need to divorce.

My question is about extension or new SOPW as he has already one from the previous marriage.

 

[k.h.p.]

My point was that if the relationship is not valid in the law, no SOWP can come from it.

If you have a lawyer, why not ask them about the SOWP?

 

[canuck_in_uk]

Thats no the point. We are fine with the common law because we already have a year living together and we have the documents. & we told with a lawyer about it. He doesnt need to divorce.

My question is about extension or new SOPW as he has already one from the previous marriage.

There is no "new SOPW". He needs to apply to extend his current status.

 

[canuck_in_uk]

My point was that if the relationship is not valid in the law, no SOWP can come from it.

If you have a lawyer, why not ask them about the SOWP?

A common-law relationship is still valid even if one partner is married.

 

[k.h.p.]

A common-law relationship is still valid even if one partner is married.

Good. That's why I said "I'm not sure," especially in the context of both partners being in Canada.

 

[Ochenta8]

My point was that if the relationship is not valid in the law, no SOWP can come from it.

If you have a lawyer, why not ask them about the SOWP?

I want to get some answer before hiring a lawyer just to clear my thought. Lawyer are $$$ expensive just for 1 question. I told with one of them about common law relationship.

 

[Ochenta8]

There is no "new SOPW". He needs to apply to extend his current status.

Thanks. Maybe Im not gonna find someone with similar situation as this is a particular case.

 

[canuck78]

What is the timeline of his relationship and divorce if he has already lived with you for one year? How long was his initial SOWP? Do you have enough documentation to prove that you were common law from the beginning of the 1 year period like joint lease, utilities in each name, dated mail with same address, etc. ?

 

[Ochenta8]

What is the timeline of his relationship and divorce if he has already lived with you for one year? How long was his initial SOWP? Do you have enough documentation to prove that you were common law from the beginning of the 1 year period like joint lease, utilities in each name, dated mail with same address, etc. ?

He got married Sept. 2016 & Got the SOWP (Until Jan 2020). They cancelled the sponsorship in Feb 2018 because of the existing problem that the relationship was involved in this years. Then we started dating by Sept 2018 and move together by Nov 2018. Even thought they never get the divorce papers, but now, they agreed both part to sign paperworks and go ahead with divorce.

We have our ID with the same address since then & in Jan 2019, we rented our first apartment. (Lease under both names).

Thats the completed timeline.

 

[canuck78]

He got married Sept. 2016 & Got the SOWP (Until Jan 2020). They cancelled the sponsorship in Feb 2018 because of the existing problem that the relationship was involved in this years. Then we started dating by Sept 2018 and move together by Nov 2018. Even thought they never get the divorce papers, but now, they agreed both part to sign paperworks and go ahead with divorce.

We have our ID with the same address since then & in Jan 2019, we rented our first apartment. (Lease under both names).

Thats the completed timeline.

You will need more proof of cohabitation especially if you want to count from November 2018.