Common law partner being sponsored divorced in progress. Should we wait before we apply?

[Innd]

Hi guys,

We are in thinking of submitting our common law application as soon as possible. We reached our 1 year cohabitation threshold last Dec 16, 2018 and my partner applied for divorce to his wife who's in the Philippines last Jan 2019. Today he went back to the court (here in Canada) and brought the notarized affidavit from the person that served the divorce letter to his wife along with other forms that our divorce lawyer advice us to bring with him. They told him to come back for 60 days before he can submit the petition for the judge to grant his divorce.

My question is can we apply now for common law even though there's is no certificate of divorce yet? Or just wait for the cert of divorce to be on the safer side? Which might take up to 3 more months or so before we receive it. We are still waiting for his 2nd extension which we submitted last November 15, 2018 and no word yet on that. Please advise what's the best way to go. And if we decide to apply now what should we send in terms of proof that he filed for divorce to his wife already. So far we only have the copy of the divorce paper that was served to her with court file number, and the notarized affidavit from the person that served the divorce paper, Is this enough?

Will appreciate all your help! And thanks to all the amazing members of this forum that helps tons of people who are desperately looking for answer.

 

[Chen776655]

Sponsor or common-law partner legally married to another person

Persons who are married to third parties may be considered common-law partners provided their marriage has broken down and they have lived separate and apart from their spouse for at least one year, during which time they must have cohabited in a conjugal relationship with the common-law partner. Cohabitation with a common-law partner can only be considered to have started once a physical separation from the spouse has occurred. A common-law relationship cannot be legally established if one or both parties continue to maintain a conjugal relationship with a person to whom they remain legally married.

When the sponsor is legally married to someone else, officers must be satisfied that the sponsor is separated from and no longer cohabits with the legal spouse. The same restriction applies to the applicant, when applicable. Where information provided in the IMM 5532 (Relationship Information and Sponsorship Evaluation) is insufficient, an officer may request additional evidence, such as:

• a signed formal declaration that the marriage has ended and that the person has entered into a common-law relationship
• a separation agreement
• a court order in respect of custody of children substantiating the marriage breakdown, or
• documents removing the legally married spouse(s) from insurance policies or wills as beneficiaries (a “change of beneficiary” form)

In the above circumstances, the legal spouse will not be examined. This spouse cannot subsequently be sponsored by the principal applicant [R117(9)(d)]

 

[Calm2019]

Hi guys,

We are in thinking of submitting our common law application as soon as possible. We reached our 1 year cohabitation threshold last Dec 16, 2018 and my partner applied for divorce to his wife who's in the Philippines last Jan 2019. Today he went back to the court (here in Canada) and brought the notarized affidavit from the person that served the divorce letter to his wife along with other forms that our divorce lawyer advice us to bring with him. They told him to come back for 60 days before he can submit the petition for the judge to grant his divorce.

My question is can we apply now for common law even though there's is no certificate of divorce yet? Or just wait for the cert of divorce to be on the safer side? Which might take up to 3 more months or so before we receive it. We are still waiting for his 2nd extension which we submitted last November 15, 2018 and no word yet on that. Please advise what's the best way to go. And if we decide to apply now what should we send in terms of proof that he filed for divorce to his wife already. So far we only have the copy of the divorce paper that was served to her with court file number, and the notarized affidavit from the person that served the divorce paper, Is this enough?

Will appreciate all your help! And thanks to all the amazing members of this forum that helps tons of people who are desperately looking for answer.

Wait for the divorce certificate first then apply common law.

 

[canuck_in_uk]

Hi guys,

We are in thinking of submitting our common law application as soon as possible. We reached our 1 year cohabitation threshold last Dec 16, 2018 and my partner applied for divorce to his wife who's in the Philippines last Jan 2019. Today he went back to the court (here in Canada) and brought the notarized affidavit from the person that served the divorce letter to his wife along with other forms that our divorce lawyer advice us to bring with him. They told him to come back for 60 days before he can submit the petition for the judge to grant his divorce.

My question is can we apply now for common law even though there's is no certificate of divorce yet? Or just wait for the cert of divorce to be on the safer side? Which might take up to 3 more months or so before we receive it. We are still waiting for his 2nd extension which we submitted last November 15, 2018 and no word yet on that. Please advise what's the best way to go. And if we decide to apply now what should we send in terms of proof that he filed for divorce to his wife already. So far we only have the copy of the divorce paper that was served to her with court file number, and the notarized affidavit from the person that served the divorce paper, Is this enough?

Will appreciate all your help! And thanks to all the amazing members of this forum that helps tons of people who are desperately looking for answer.

Hi

You can apply as common-law now. Having the divorce certificate won't change the situation.

 

[Innd]

Hi

You can apply as common-law now. Having the divorce certificate won't change the situation.

Thanks Canuck.

 

[Innd]

Thanks Canuck.

Follow up question Canuck, Since we have not received his visa extension that we applied last November, can he apply for Open work permit now as well when we submit the common law application? Also, what's the date that we should put on where it is asking until when is he staying here in Canada. For eg. IMM 570 Question no 7. Current country or residence we put the date from the date he arrived until ???? Since we have not received his extension yet? What should we put in there?

 

[canuck_in_uk]

Follow up question Canuck, Since we have not received his visa extension that we applied last November, can he apply for Open work permit now as well when we submit the common law application? Also, what's the date that we should put on where it is asking until when is he staying here in Canada. For eg. IMM 570 Question no 7. Current country or residence we put the date from the date he arrived until ???? Since we have not received his extension yet? What should we put in there?

Yes, he can apply. Put today's date and explain in a separate sheet, along with proof of the visitor extension app

 

[Tahar19]

Yes, he can apply. Put today's date and explain in a separate sheet, along with proof of the visitor extension app

hi canuck- my partner and I are in a common law partner and leave in the usa we have 2 kids do we need to fill the statutory declaration of common-law union form for express entry.

thanks

 

[canuck_in_uk]

hi canuck- my partner and I are in a common law partner and leave in the usa we have 2 kids do we need to fill the statutory declaration of common-law union form for express entry.

thanks

If it is required, yes.

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