Common-Law or Married

[ppreyes3]

Hi all, I'm slightly confused on what to put on my EE profile. I am in a common law relationship but am still married. We have been separated for 4 years but have no legal separation documents. My common law partner is Canadian though. Will this be an issue if I put that I am in a common law relationship or will this not change anything since he is Canadian anyway? Please advice! Thank you.

 

[Aspiring CA]

Hi all, I'm slightly confused on what to put on my EE profile. I am in a common law relationship but am still married. We have been separated for 4 years but have no legal separation documents. My common law partner is Canadian though. Will this be an issue if I put that I am in a common law relationship or will this not change anything since he is Canadian anyway? Please advice! Thank you.

Common-law.

Then declare in personal history about your previous marriage and letter of explanation about your separation.

 

[vensak]

Hi all, I'm slightly confused on what to put on my EE profile. I am in a common law relationship but am still married. We have been separated for 4 years but have no legal separation documents. My common law partner is Canadian though. Will this be an issue if I put that I am in a common law relationship or will this not change anything since he is Canadian anyway? Please advice! Thank you.

Look,
make yourself life easy.
Write there separated. If there was no legal decision yet done with your previous partner you need to put there proof that you are not living together anymore. You might also want to divorce later on or you are maybe in such discussion with your partner.

Since you are not divorced but only separated, you cannot put there any new common law partner anyway - that would be polygamy or polyandry and such thing is not allowed in Canada.

Plus your Canadian partner does not need to immigrate anymore.

Just be aware that you might still need medical and all PCC from your current spouse.

 

[ppreyes3]

Common-law.

Then declare in personal history about your previous marriage and letter of explanation about your separation.

Thank you for your reply. If I put down common law do I need documentation for it and for separation from my husband? Will it be grounds for misinterpretation if I don't put down married?

 

[ppreyes3]

Look,
make yourself life easy.
Write there separated. If there was no legal decision yet done with your previous partner you need to put there proof that you are not living together anymore. You might also want to divorce later on or you are maybe in such discussion with your partner.

Since you are not divorced but only separated, you cannot put there any new common law partner anyway - that would be polygamy or polyandry and such thing is not allowed in Canada.

Plus your Canadian partner does not need to immigrate anymore.

Just be aware that you might still need medical and all PCC from your current spouse.

Thank you so much for your advice. I was wondering, by definition in CIC:
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.
Would this not apply in my situation or would it just be easier to explain that i am separated and don't need to state that i am in a common law relationship right now?

 

[xpressentry]

You are still married / separated since you haven't ended your legal relationship with your spouse.

 

[xpressentry]

Thank you so much for your advice. I was wondering, by definition in CIC:
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.
Would this not apply in my situation or would it just be easier to explain that i am separated and don't need to state that i am in a common law relationship right now?

You have to show evidence of a break down like a legal separation or the start of divorce proceedings. Do you have any?

 

[ppreyes3]

You have to show evidence of a break down like a legal separation or the start of divorce proceedings. Do you have any?

Unfortunately I do not. We live in the Philippines where divorce isn't allowed. Legal separation is allowed but none of the criterion fits the reason why we separated. That's why I thought common law was the one i should put down. What should i put down for marital status? Can i put common law and then explain all these in my personal history?

 

[Aspiring CA]

Common-law.

Then declare in personal history about your previous marriage and letter of explanation about your separation.

Sent you PM kabayan.

 

[kryt0n]

Unfortunately I do not. We live in the Philippines where divorce isn't allowed. Legal separation is allowed but none of the criterion fits the reason why we separated. That's why I thought common law was the one i should put down. What should i put down for marital status? Can i put common law and then explain all these in my personal history?

If you have been living with a new partner for more than 12 months you HAVE to list yourself as common-law.

I think the only way you can prove in an LOE that you are now separated is somehow proving that the two of you live in different houses, as well as communication between the two of you that the relationship has broken down (emails etc). Also provide evidence that divorce is illegal in the Philippines. You will have to be very convincing with evidence that you are now in a common law relationship though. LOTS of evidence.

 

[ppreyes3]

If you have been living with a new partner for more than 12 months you HAVE to list yourself as common-law.

I think the only way you can prove in an LOE that you are now separated is somehow proving that the two of you live in different houses, as well as communication between the two of you that the relationship has broken down (emails etc). Also provide evidence that divorce is illegal in the Philippines. You will have to be very convincing with evidence that you are now in a common law relationship though. LOTS of evidence.

If I can provide that then I should list it down as common law then for Marital Status? I am in very good terms with my husband, he is willing to write a letter as well explaining that we have been separated. Will this be good to include then?

 

[kryt0n]

If I can provide that then I should list it down as common law then for Marital Status? I am in very good terms with my husband, he is willing to write a letter as well explaining that we have been separated. Will this be good to include then?

Even better, yes.

I believe that if you have concrete proof that you are now in a new common law relationship (more than 12 months at the same address) and your partner is willing to confirm you are separated then list yourself as common law.

I believe there might be a form that exists where your husband relinquished all rights to ever being sponsored as a spouse in the future. If you can't find that form then in his letter ask him to mention this.

 

[ppreyes3]

Even better, yes.

I believe that if you have concrete proof that you are now in a new common law relationship (more than 12 months at the same address) and your partner is willing to confirm you are separated then list yourself as common law.

I believe there might be a form that exists where your husband relinquished all rights to ever being sponsored as a spouse in the future. If you can't find that form then in his letter ask him to mention this.

Great! Thanks for your help! Would you happen to know where I might be able to locate such a form? Is this something available in the CIC website?

 

[kryt0n]

Great! Thanks for your help! Would you happen to know where I might be able to locate such a form? Is this something available in the CIC website?

I've heard it mentioned but no idea. Try asking on the family sponsorship section of this form for it. They are probably best to ask.

 

[ppreyes3]

I've heard it mentioned but no idea. Try asking on the family sponsorship section of this form for it. They are probably best to ask.

Good idea, i will check that out now. Thanks so much for your advice.