Can I sponsor my common-law husband if I am not yet divorced?

[Line]

I am sponsoring my common-law husband who is a U.S resident. I just received a letter from C.I.C asking me for a copy of my divorce certificate or application for divorced. I am not yet divorced as my ex and I are still resolving some issues. Does that mean my application will be denied? Should I just say that I have not yet applied for divorced or do I really need to apply for divorce. Any help would be appreciated thank you.

 

[I.N]

I am sponsoring my common-law husband who is a U.S resident. I just received a letter from C.I.C asking me for a copy of my divorce certificate or application for divorced. I am not yet divorced as my ex and I are still resolving some issues. Does that mean my application will be denied? Should I just say that I have not yet applied for divorced or do I really need to apply for divorce. Any help would be appreciated thank you.

I don't think its possible to sponsor your commun-law parter if yu are not yet divorced, sorry for that.

 

[noelcezh]

i heard that if you like to sponsor your common law and you are not legally separated or divorced you can sponsored but you have to prove that at least one year you're not together and to your common law one year that you' ve been together like picture, join account, travel together, etc but to make it sure try to get a consultant before applying.

 

[scylla]

I don't think its possible to sponsor your commun-law parter if yu are not yet divorced, sorry for that.

Yes - it's certainly possible. However you must show concrete proof that you have lived together for one full year and that your marriage has ended.

 

[Line]

Nice to hear. I was getting worried. I received a letter in the mail asking for "If previously married, please provide our office with a divorce certificate, application of rdiroved and divorce order for yourself". Should I just go ahead and file for divorce or is it acceptable to explain to them that I have not filed for divorce yet. tks again.

 

[MissDominica]

While it is technically ok that you are not divorced yet and are sponsoring your CL partner, I think it will definitely be a red flag for your case. Some places were divorce is illegal or divorce has not yet occurred because of lengthly custody battles or proceedings are exceptions where I think that CIC would consider the marriage to be over as long as the CL proof was good. When you saw that you and your ex are still working out issues, do you mean for the actual divorce? If you can send CIC a letter saying you are not divorced yet but you are still "working out stuff" with RELATION to getting the divorce, that might be ok. However, if the issues you refer to are more emotional or otherwise, you may have a hard time convincing them that you are truly done with your ex husband (and have been for a YEAR since you were living with someone else) unless you have some proof that you are attempting to divorce or have filed for it.

My opinion only, of course. But having applied CL myself, I know that CL is hard enough to prove as it is, let alone trying to prove that a marriage is over without any actual divorce papers as evidence. I would send anything that you can that shows that you are working on the divorce/separation with your husband (since the time you entered your CL partnership).

 

[cempjwi]

As it seems to be understood by CIC (and by what it may be found in its procedural manuals), a common-law relationship requires exclusivity. Such exclusivity may not be established if a previous marriage that it disolvable by divorce or legal separation in the jurisdiction that you or your sponsored applicant live has not ended by any those available means (filipinos cannot get a divorce or legally separate in the philippines so common-law is the only way to go). Thing is that common-law relationships are recocognized differently by the Canadian Provinces/Territories and with the exception of Saskatchewan, all other jurisdictions have a "capacity to marry" legal requirement in order to recognize those common-law unions (since you are currently married you do not have the capacity to legally marry to another person). Only Saskatchewan allows a person to be in a common-law relationship with one person and be in a civil marriage with another. However, CIC defines it like this and it does especify that either partner cannot be legally married to someone else (so it all seems unclear):

A common-law partner

Refers to a person who is living in a conjugal relationship with another person (opposite or same sex), and has done so continuously for a period of at least one year. A conjugal relationship exists when there is a significant degree of commitment between two people.

 

[Leon]

You can not have two partners in Canada so you must be at least separated from your husband before you can sponsor your common law partner.

In order to sponsor your common law partner, you must have been living with him for 12 months.

If you are living with him for 12 months, you must be separated from your husband for at least 12 months unless you are ilving with both of them in the same home.

If you are not living with both of them, you can apply to sponsor your common law based on that you are separated from your husband even though you are not divorced yet.

However, if you are separated from your husband, you might as well divorce him because what is the point of still being married to someone if you are living with someone else?

 

[Steph C]

And just so you know, legal separation in Canada starts when you decide to seperate, not when you move out of your shared home.

http://www.canadiandivorcelaws.com/legal-separation/

 

[momar26]

I did sponsor my common law without divorcing from my spouse
I did provide separation agreement and did live at least 12 months with my partner overseas