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Common law application in Express entry

Committed D

Newbie
Feb 2, 2020
9
0
Hi.
Kindly urgently advice. I live in Africa, and have a child with common law partner and beeliving together for two years. Also was previously married to another partner and got a few kids but yet to get divorce( agreed to go slow down on divorce after initial court application, hence not pursuing it currently but haven't canceled the process).
I intend to submit Express entry after recently receiving Ielts results.
How best do I handle the issue. I prefer to immigrate with common law partner plus all kids. All kids are below 16 years.
 
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canuck78

VIP Member
Jun 18, 2017
55,592
13,523
Hi.
Kindly urgently advice. I live in Africa, and have a child with common law partner and beeliving together for two years. Also was previously married to another partner and got a few kids but yet to get divorce( agreed to go slow down on divorce after initial court application, hence not pursuing it currently but haven't canceled the process).
I intend to submit Express entry after recently receiving Ielts results.
How best do I handle the issue. I prefer to immigrate with common law partner plus all kids. All kids are below 16 years.
Would be much better to get a divorce and have custody agreement that has already been determined. This can become a stumbling block especially if you want all your children to come to Canada.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Hi.
Kindly urgently advice. I live in Africa, and have a child with common law partner and beeliving together for two years. Also was previously married to another partner and got a few kids but yet to get divorce( agreed to go slow down on divorce after initial court application, hence not pursuing it currently but haven't canceled the process).
I intend to submit Express entry after recently receiving Ielts results.
How best do I handle the issue. I prefer to immigrate with common law partner plus all kids. All kids are below 16 years.
You don't need to be divorced to include your common-law partner. As long as your ex signs the IMM5604 for the kids, they can be included without issue.
 

vensak

VIP Member
Jul 14, 2016
3,868
1,016
124
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
however you would have to be separated from your previous spouse in order to begin a common law. If I am not mistaken 1 year separation is required (I might be wrong about amount of the time). Separation is usually living apart (just for simplification).
And actually kids from previous relationship have to be included anyway. Even if your previous spouse will not agree to take them to Canada (in that case they would be non accompanying family).
 

Committed D

Newbie
Feb 2, 2020
9
0
Thanks for the valuable information. Just wondering if the EX will be called to the embassy for interview too before my kids and I are issued any Visa to travel? And what kid of separation proof do you issue to justify you have been separated for more than an year even in our case where we all decided to go our separate way but we parent the kids together?
 
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canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Thanks for the valuable information. Just wondering if the EX will be called to the embassy for interview too before my kids and I are issued any Visa to travel? And what kid of separation proof do you issue to justify you have been separated for more than an year even in our case where we all decided to go our separate way but we parent the kids together?
No, your ex won't be interviewed or contacted.

Given that you will be proving cohabitation with your current partner, that will likely suffice. Any official documents showing you as separated are good too.
 

Committed D

Newbie
Feb 2, 2020
9
0
Thank you for the feedback. Can I attach an attorney/lawyer swearing affidavit as an official document of separation?
 

Committed D

Newbie
Feb 2, 2020
9
0
Thanks. What is your advice on selecting provinces interested to settle in the express profile? Can you select several provinces or this reduces Chances of being selected or is it perceived you may not be taken seriously?
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Thanks. What is your advice on selecting provinces interested to settle in the express profile? Can you select several provinces or this reduces Chances of being selected or is it perceived you may not be taken seriously?
You can choose however many you want.
 

Committed D

Newbie
Feb 2, 2020
9
0
Who has experience with Wes in terms of time delivery? I mailed my documents mid December last year and paid on 24th Dec, but they are yet to finalize analyzing them as per update on my profile. Yet they claim that they normally finalize the process within 35 days???
 

gpreet39

Member
Oct 27, 2020
16
2
Hello friend,
Hope you are doing well.
I assume you got your PR approved with common law partner through express entry.
Now, I am in worries for my application as I am in same boat. Can you please tell me what documents did you submit?
Did you face any problem?

I really appreciate your help in advance as I am too tensed.