Common law application

[Nics1012]

Hope there's somebody who can help me out in my application. I need an urgent advice very badly.

I'm the principal applicant and I have a common law partner who has a previous marriage and has 3 kids. although they are not living together for more than 10 yrs, his ex wife is not willing to sign a legal separation paper for the sake of money, my common law partner has a good paying job and he continously support the needs of his 3 kids. His ex wife wants to stay as legal wife even if she is currently living with somebody and their kids knows about it because they are living together under one roof.
Now that we are planning to immigrate in Canada, we are going to apply as common law. We have so many documents to prove that we are living together for more than 5 yrs but the problem is we don't have a single document to show that they are separated. One of his son - age is 20 yrs old is willing to make a statement or make an affidavit certifying that his parents are separated for a long time, will CIC honor this document? Pls help me on this matter...

 

[Rob_TO]

It's fine. Just by the fact you've lived together for 5 years will show they are separated.

Your partner can include their own declaration that they are separated from previous spouse, and that is probably sufficient.

Of course all the kids aged 21 and under will need to be included in the app and pass medical exams, whether accompanying or not.

 

[Nics1012]

Thank u so much for your immediate reply. but what are the chances of our application be approved?

 

[Rob_TO]

Thank u so much for your immediate reply. but what are the chances of our application be approved?

It doesn't sound like you have a Family Class application, so you should post your question to the right section of forum based on what you're applying for.

 

[Nics1012]

Ok thanks again.

 

[majesty]

Hope there's somebody who can help me out in my application. I need an urgent advice very badly.

I'm the principal applicant and I have a common law partner who has a previous marriage and has 3 kids. although they are not living together for more than 10 yrs, his ex wife is not willing to sign a legal separation paper for the sake of money, my common law partner has a good paying job and he continously support the needs of his 3 kids. His ex wife wants to stay as legal wife even if she is currently living with somebody and their kids knows about it because they are living together under one roof.
Now that we are planning to immigrate in Canada, we are going to apply as common law. We have so many documents to prove that we are living together for more than 5 yrs but the problem is we don't have a single document to show that they are separated. One of his son - age is 20 yrs old is willing to make a statement or make an affidavit certifying that his parents are separated for a long time, will CIC honor this document? Pls help me on this matter...

Your partner and his ex don't have a separation agreement nor a custody agreement for the kids under 18 years of age? When I got separated from my ex, we drew up a custody agreement for my son as we have shared custody. This could be a piece of evidence that you can draw up and use to prove separation status if you don't have one in place already.

 

[Nics1012]

Actually, there was no written agreement made since they decided to live separately. His 2 kids are with his ex wife and the oldest one (20 yrs old) is with his mom since childhood. My common law partner and I, both of us are working abroad and he has a continues support to his kids financially. His ex wife thinks that if she will sign a legal separation, she will not receive any support from him. She never work and just depend on her kids support from my common law partner...So I was thinking if she's not willing to sign the legal separation, maybe the 20 yr old son can make an affidavit to testify that his parents were not living together for a long time and that her mother is currently living also with someone else. His kids knew about our relationship and I even have pictures with his 3 kids. May be if I will also show those pictures, it might help us in our application. Do you it think might be a good idea?