Common-law partner sponsor

[Hely]

Hello,
My question is, If a person is married in india later on he moved to canada as an immigrant student and He is seperated from his wife since 4 years and currently living in canada.He is on work visa now and appying for permenant residance here. I came in canada in August 2016 as an international student and also living with him since my first day in Canada.Can I be his spouse or a common law partener? Can i get a depandant work permit ? Or Can he sponser me along with his PR file as his common law partner.
I'm very stressed about this problems and badly need your advise on t
Thank you.

 

[crescent_jam]

Hello,
My question is, If a person is married in india later on he moved to canada as an immigrant student and He is seperated from his wife since 4 years and currently living in canada.He is on work visa now and appying for permenant residance here. I came in canada in August 2016 as an international student and also living with him since my first day in Canada.Can I be his spouse or a common law partener? Can i get a depandant work permit ? Or Can he sponser me along with his PR file as his common law partner.
I'm very stressed about this problems and badly need your advise on t
Thank you.

I'm not familiar with laws regarding marriage and separation and all that, so I can't answer your question in its entirety - but you state that the partner to which you're referring is separated from his wife...Do you mean separated or divorced? Because, while I'm not 100% sure, I don't think he can claim you as a common law partner if he's only separated and not divorced. He would need to get divorced.

If he is in fact divorced, however, he definitely can't claim you as a spouse (you would need to get married for that). However, if you meet the requirements for being a common law spouse, he can add you to his PR application on that basis (as long as he's divorced). To claim you as a common law partner, you would need to satisfy the following requirements AND be able to provide proof of such:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=346&top=14

What is a common-law partner?

Your common-law partner:

• isn’t legally married to you
• can be either sex
• is 18 or older
• has been living with you for at least 12 consecutive months, meaning:
  • you’ve been living together continuously for one year, without any long periods apart
  • if either of you left your home it was for:
    • family obligations
    • work or business travel
  • any time spent away from each other must have been:
    • short
    • temporary

When at least one partner chooses to end the relationship, we consider the partnership to be over.

You will need to give proof of your common-law relationship.