can my common law sponser if she has child with me but still married?

[ishaan2600]

HI,
I am TFW my common law is pregnant and expected date of delivery is in mid august 2015. she is still married to someone.

1> Our common law is not for 12 months but she is pregnant with my child.

2>will she be able to sponsor me after few more months as we have a relation of permanence with the child

3> we have signed lease for 12 months, have joint bank accounts and all shopping recipts and pics, will that be enough?

4> she worked full time in same hotel i did from past 4 years, but now she will go on Maternity, Will that Maternoty be counted as social Assistance.

what are my options. I am already in restoration period. and have applied for student visa to be legal.

our relation ship is almost 2 years but all this time she was married and not separated.

please help! :

 

[canadianwoman]

The definition of common law varies according to the government department. For immigration the couple has to live together for 12 months before they are common law. It doesn't matter if you two have a child together - you still have to live together for 12 months before she can sponsor you. She can sponsor you while still married though you will need to prove that relationship is over.
Maternity leave is not social assistance.

 

[draxz1289]

The common law definition is very clear: A couple will have to live 12 months to be considered common law, so as canadianwoman said having a child together would not matter on that front.

3) The things you have mentioned will only be valid and as a acceptable proof only after you have completed the 12 month period. So you would have to have 12 months of joint bank accout, pics, lease etc

I am not sure if she can sponsor you while being married and not divorced since its a conflict but other members can chime in

 

[MissFrowz]

She can only sponsor you once she is divorced. CIC will not accept the application if she's still legally married to someone else.

 

[scylla]

She can only sponsor you once she is divorced. CIC will not accept the application if she's still legally married to someone else.

Completely incorrect. It's entirely possible to sponsor a common law partner while that common law partner is still married to someone else (provided you show proof the marriage has fallen apart). We've seen many successful cases here. Again, entirely doable provided you can show you are in fact common law and the previous relationship (marriage) no longer exists.