Have a read through this thread:Hi I’m legally married, Canadian citizen. separated for almost 2 years now, but not yet divorced. Can I sponsor my partner who is a US citizen to live and work here. Thank you for your response will be greatly appreciated
https://www.canadavisa.com/canada-immigration-discussion-board/threads/common-law-while-still-married.415919/
And, this was from one of the Inland Processing Manuals, years ago:
IP8 - Spouse or common-law partner in Canada Class
5.24 Sponsor or common-law partners still married to someone else
Persons who are married to third parties may be considered common-law partners provided their
marriage has broken down and they have cohabited in a conjugal relationship with the common-
law partner for at least one year.
Cohabitation with a common-law partner must have started after a physical separation from the
spouse. Evidence of separation from the spouse may include...
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When you say `partner' that does mean that the two of you have cohabited together (anywhere) for a minimum of 365 days, correct?