common law partner sponsorhip but married

[Bhie1412]

Hello I am Nanny here in canada and Im gonna process my Open permit and Permanent residendy this march but I am confuse about my Family sponsorship and Dependant. Because my commonlaw partner in the philippines is married but they separated since 1998 and were together since 2005 and were already have a 7 years old daughter. Can i put my husband as commonlaw in my papers?

 

[Buletruck]

I would think that since divorce isn't possible and he doesn't have an annulment, IRCC would not view it as common law. I believe as he is married, IRCC would not recognize the relationship, based on law in the Philippines and the requirement that the relationship needs to be recognized u dear local law, particularly if he is not in Canada now.

Others can correct me if I am wrong (and I would be interested to know for sure).

 

[Outlander]

Hello I am Nanny here in canada and Im gonna process my Open permit and Permanent residendy this march but I am confuse about my Family sponsorship and Dependant. Because my commonlaw partner in the philippines is married but they separated since 1998 and were together since 2005 and were already have a 7 years old daughter. Can i put my husband as commonlaw in my papers?

You can try under Conjugal relationship but it's unlikely to get accepted by cic.

 

[CDNPR2014]

I would think that since divorce isn't possible and he doesn't have an annulment, IRCC would not view it as common law. I believe as he is married, IRCC would not recognize the relationship, based on law in the Philippines and the requirement that the relationship needs to be recognized u dear local law, particularly if he is not in Canada now.

Others can correct me if I am wrong (and I would be interested to know for sure).

this is not correct. a person can very well apply for sponsorship as commonlaw and still be technically married to another person. it is not illegal and it is accepted by IRCC. the onus is on the applicant/sponsor to prove the separation of the marriage and commonlaw status of the current relationship.

Hello I am Nanny here in canada and Im gonna process my Open permit and Permanent residendy this march but I am confuse about my Family sponsorship and Dependant. Because my commonlaw partner in the philippines is married but they separated since 1998 and were together since 2005 and were already have a 7 years old daughter. Can i put my husband as commonlaw in my papers?

as stated above, the fact he is married is not relavant to your current commonlaw relationship. in your application, you must be able to prove 1) he is really separated from his spouse and 2) you fit the criteria for commonlaw status (prove cohabitation for at least 365 consecutive days).

 

[Sous02]

this is not correct. a person can very well apply for sponsorship as commonlaw and still be technically married to another person. it is not illegal and it is accepted by IRCC. the onus is on the applicant/sponsor to prove the separation of the marriage and commonlaw status of the current relationship.

as stated above, the fact he is married is not relavant to your current commonlaw relationship. in your application, you must be able to prove 1) he is really separated from his spouse and 2) you fit the criteria for commonlaw status (prove cohabitation for at least 365 consecutive days).

They would still have to prove that they lived together for 12 consecutive months.

 

[Maina4576]

I agree with Cdnpr2014 completely as i m in the same boat. As long as you have a contract seperation in either english or french and you lived together for 12 consecutive months anywhere in the world you can apply for common law.

 

[Buletruck]

this is not correct. a person can very well apply for sponsorship as commonlaw and still be technically married to another person. it is not illegal and it is accepted by IRCC. the onus is on the applicant/sponsor to prove the separation of the marriage and commonlaw status of the current relationship.

Thanks for correcting me and the clarification.

 

[Bhie1412]

will if they base only in to prove that were been together i have a lot of evidence like photos since 2005 until my last vacation last October, bills in the same address and my daughter in Under his surname and were also have joint account..i can prove it t CIC by documents But i am still worried in Married status of him..it is possilbe to get him here? I honestly don't know what to do.

 

[CDNPR2014]

will if they base only in to prove that were been together i have a lot of evidence like photos since 2005 until my last vacation last October, bills in the same address and my daughter in Under his surname and were also have joint account..i can prove it t CIC by documents But i am still worried in Married status of him..it is possilbe to get him here? I honestly don't know what to do.

yes it is quite possible to sponsor a person through commonlaw (assuming you meet the commonlaw criteria) when they are still legally married. as stated above, you need to prove he is separated from his spouse. this means you and he need to do the legwork to prove to IRCC the application should be approved.

for the requirements for sponsoring your spouse through commonlaw, go here and read through the guides/application documents:

http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

there's not much other help we can give you. either you meet the criteria stated in the application or you don't. either he provides significant proof of being separated or he doesn't. if you can't do either, then you have no chance at approval. if you do the work to compile the required documentation and fill out the forms, then you have a chance of approval. you are not in a unique situation. there are plenty of other people who successfully sponsor a spouse as commonlaw even though they are still technically married.

 

[Rob_TO]

will if they base only in to prove that were been together i have a lot of evidence like photos since 2005 until my last vacation last October, bills in the same address and my daughter in Under his surname and were also have joint account..i can prove it t CIC by documents But i am still worried in Married status of him..it is possilbe to get him here? I honestly don't know what to do.

What are the dates you lived together continuously?

Note that the longer the separation (after you moved to Canada), the more difficult it will be to prove the common-law status still exists.

 

[canuck_in_uk]

will if they base only in to prove that were been together i have a lot of evidence like photos since 2005 until my last vacation last October, bills in the same address and my daughter in Under his surname and were also have joint account..i can prove it t CIC by documents But i am still worried in Married status of him..it is possilbe to get him here? I honestly don't know what to do.

If you have lived together continuously for at least 12 months and the relationship is ongoing, you are common-law and are required to include your spouse in your PR app. His marriage is irrelevant.

Your situation is not a Family Class case, so you should move over to the Foreign Worker section of the forum.

 

[Bhie1412]

What are the dates you lived together continuously?

Note that the longer the separation (after you moved to Canada), the more difficult it will be to prove the common-law status still exists.

Last October 2016 i have a 1 month vacation to the philippines.

 

[Bhie1412]

Last October 2016 i have a 1 month vacation to the philippines. i continoustly send money for their expenses every month and every day i talk to them by facetime

 

[Rob_TO]

Last October 2016 i have a 1 month vacation to the philippines.

No, I mean when did you actually live together for at least 12 continuous months?

 

[Bhie1412]

No, I mean when did you actually live together for at least 12 continuous months?

last Sept 2012 before i work to hongkong for two years..