Common-law partner sponsorship, lack of proof of legal separation

[Rafraf]

Hi,

I am a female Canadian resident.
I want to sponsor my common-law partner in-land.
We have been in a relation for 7 years now.
He is physically separated for 4 years now from his legal spouse.
He has been through a divorce procedure for 2 and a half years now.
He is not legally/officially divorced.
He has the court lawsuit, the legal proceedings instituted in respect of the children custody in Arabic.
He is not in good terms with his legal spouse, so he can not ask for a separation agreement.


My questions :

1- Is this lawsuit enough to provide for the sponsorship as a proof of legal separation document?
2- How long may the application processing time take?
3- When can he be eligible for work (work permit) after application submission?
4- What happens if his application is rejected and he is still in Canada?
5- What are the chances if I am pregnant and that we are expecting a baby together?

Thank you

 

[scylla]

Hi,

I am a female Canadian resident.
I want to sponsor my common-law partner in-land.
We have been in a relation for 7 years now.
He is physically separated for 4 years now from his legal spouse.
He has been through a divorce procedure for 2 and a half years now.
He is not legally/officially divorced.
He has the court lawsuit, the legal proceedings instituted in respect of the children custody in Arabic.
He is not in good terms with his legal spouse, so he can not ask for a separation agreement.


My questions :

1- Is this lawsuit enough to provide for the sponsorship as a proof of legal separation document?
2- How long may the application processing time take?
3- When can he be eligible for work (work permit) after application submission?
4- What happens if his application is rejected and he is still in Canada?
5- What are the chances if I am pregnant and that we are expecting a baby together?

Thank you

1. The divorce papers should be enough even if the divorce hasn't been finalized.
2. Expect 12 months.
3. If you submit an open work permit with the application, about 4 months after the full package is received by IRCC.
4. Hard question to answer since it would depend when and why he's refused. Given you've been together 7 years, the chances of refusal should be close to nil.
5. No impact.

 

[Rafraf]

1. The divorce papers should be enough even if the divorce hasn't been finalized.
2. Expect 12 months.
3. If you submit an open work permit with the application, about 4 months after the full package is received by IRCC.
4. Hard question to answer since it would depend when and why he's refused. Given you've been together 7 years, the chances of refusal should be close to nil.
5. No impact.

Hi again,

Thank you for your help.

I just want to know who can certify the copy of the proof of legal separation in order for it to be as effective as the original copy :
a- The Notary Public
and/or
b- The Lawyer.

Thank you

 

[canuck78]

When did you arrive in Canada? If you are claiming to be in a common law relationship for so long did you may have had to declare it during your entry. Your common law would have also had to declare it on his visitor visa if you were common law before you arrived in Canada. When and where did you live together for 1 year?