common law partner wanting to sponsor me

[jomarcabiles]

hi everyone,,,im currently holding a work permit and my common law partner is thinking to just sponsor me since im having issue with my current employer,, we have been living for 7 months i think,,now the problem is that he is not divorce yet with his exwife and his exwife is not wanting to sign the divorce papers,,now can my common law partner still able to sponsor me?what are the requirements before he can sponsor me,,,we have been planning to get married but we cant since he is still married to his exwife,,,,but they are not living anymore for more than two years....

thanx

 

[Swede]

I'm pretty sure your sponsor has to be divorced before you can be regarded as common-law spouses for the purpose of immigration. That being said, I don't know if any time you will have lived together when the divorce goes through would count towards your one year qualification.

 

[jomarcabiles]

thats our problem too since they are not divorce yet,,,we were wondering if cic will count the months that we have been living together eventhough he is not divorce yet,,,we have been living for a year now and he really just wants me to sponsor......

so u think applying now is just a waste of time?we have been preparing all the paperworks but we are afraid that we will be denied....

 

[jomarcabiles]

its just that the cic website is telling that for us to be able to qualify under the common law partner the criteria is :

You are a common-law partner—either of the opposite sex or same sex—if:

* you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)


and now im under the impression that eventhough he is married and has been filing a divorce makes us commonlaw partner,,,,

im confuse,,can someone help me regarding this please,,,,,,,,,

 

[Siouxie]

If your partner has been separated for more than 12 months, and you have been in a common law relationship for more than 12 months then your partner can sponsor you.

http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op02-eng.pdf

5.38. What happens if the common-law partner (principal applicant) is 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 the spouse for long enough to establish a common-law relationship – at least one year. In this case they must have cohabited in a conjugal relationship with the common-law partner for at least one year.

Cohabitation with a common-law partner cannot be considered to have started until a physical separation from the spouse has occurred. A common-law relationship cannot be legally established if one or both parties continue their marital relationships. Officers must be satisfied that a principal applicant is separated from and no longer cohabits with a legal spouse. This evidence may be in the form of a signed formal declaration that the marriage has ended and that the person has entered into a common-law relationship. An officer may require that the person produce other written evidence of a formal separation or of a breakdown of the marriage. Acceptable documents include a separation agreement, a court order in respect of custody of children identifying the fact of the marriage breakdown, documents removing the legally married spouse(s) from insurance policies or will as beneficiaries (a “change of beneficiary” form).

Whilst it states "principal applicant" I cannot find anything that says a sponsor cannot be separated and still sponsor a common law partner.

The only reasons I can find that he may not be a sponsor is: if his wife was sponsored by him within the last 3 years, or he is in default for spousal / child support.

Would you be able to wait until his divorce is final? Maybe get married then? It would be far easier!

Hope that helps.

 

[jomarcabiles]

thanx SIOUXIE for the very nice input,,i really appreciate your help.....my partner is actually having problem with his exwife since she dont want to sign the papers,,,but he never have any kids from his exwife though so he dont owe any financial obligations to his exwife thats why even the law cant run after him.....we are looking into possibility of marrying but thats far yet,,,he just want to sponsor me at this time since im having problem too with my employer and im under the close work permit.....

but im still thankful knowing that eventhough he is still married we are considered at commonlaw partner,,,my only question is that,,where can we get those declaration form???the only thing that we can show that he is separated from his wife is that he is renting a house alone???you think thats enough to prove that they are no longer living for almost two years??

thanx again

 

[raycrawford]

Just for your information his ex wife DOES NOT have to sign the divorce papers.

I went through this a few years ago. In Canada if the papers are delivered to her and she will not sign the lawyer will have someone go to the house and hand them to her personally. That person will tell her, you have been served.

She then has 30 days to contest the divorce and if she does not do so the divorce becomes final.

I did this and the papers were delivered to my ex wife in August and I got the divorce certificate in November the same year. Its easy and he should do it right away.

Regards,

Raymond.

 

[jomarcabiles]

oh i see,,so now we he can go and file for the divorce,,,,,thanx so much for all the information,,,

so my partner can now file for a divorce and at the same time apply for sponsorship if he is qualified to sponsor me right???

does he have to apply first for sponsorship and then wait for the decision from cic and then we can apply for the common law partner sponsoship??im just confuse of the process,,,,,

thanx

 

[Siouxie]

oh i see,,so now we he can go and file for the divorce,,,,,thanx so much for all the information,,,

so my partner can now file for a divorce and at the same time apply for sponsorship if he is qualified to sponsor me right???

does he have to apply first for sponsorship and then wait for the decision from cic and then we can apply for the common law partner sponsoship??im just confuse of the process,,,,,

thanx

Once you have lived together for a continuous period exceeding 12 months he can apply to sponsor you as his common law partner. He and you have to complete the complete application (including the sponsorship application and your application for permanant residence, together with other documentation as listed) and send it with the processing fees. You will need to provide strong proof of your relationship in it's entirety but with lots of proof of living "common law" for more than 12 months.

In all honesty, if it is now possible for him to get a divorce and for the two of you to get married (presuming that is your plan) it would be far easier to wait until you are married and then put in a spousal application.

Presuming that you are intending on applying "outland" meaning outside Canada, which is normally far quicker (you can still reside in Canada whilst it is being processed) you will need to fill in this pack of forms: http://www.cic.gc.ca/english/information/applications/fc.asp

If you need any further assistance, please do not hesitate to ask!

 

[jomarcabiles]

oh really i can apply outside canada??because im planning to apply in the philippines and if its faster to process outside so i might as well just apply in the philippines,,,what if they need my medical??can i have my medical here in canada??my work permit will expire in 2011 so im not really worried about applying yet but if can apply as soon as possible,,,,

and also one question guys,,what if my partner was once to jail like her exwife charge her of something??do u think that will affect him as my sponsor???

thanx for all your input...

i really appreciate that....

 

[Siouxie]

oh really i can apply outside canada??because im planning to apply in the philippines and if its faster to process outside so i might as well just apply in the philippines,,,what if they need my medical??can i have my medical here in canada??my work permit will expire in 2011 so im not really worried about applying yet but if can apply as soon as possible,,,,

and also one question guys,,what if my partner was once to jail like her exwife charge her of something??do u think that will affect him as my sponsor???

thanx for all your input...

i really appreciate that....

You are most welcome

If you have lived in Canada for 1 year when you put in the application, you can apply through Buffalo as well, which may be easier.

http://www.canadainternational.gc.ca/buffalo/imm/family_class-categorie_familial.aspx?lang=eng

"You may submit your application for permanent residence to the Regional Program Centre in Buffalo if you have been lawfully admitted to Canada or the United States for a period of at least one year."

Application form: http://www.canadainternational.gc.ca/buffalo/imm/sponsoring_spouse-parrainage_epoux.aspx?lang=eng

You can have your medical done in Canada.

I suggest you look at this page for more information about criminal past and sponsorship: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp - I am sure someone here can clarify it for you.

You may not be eligible to be a sponsor if you:

failed to provide financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past
defaulted on a court-ordered support order, such as alimony or child support
received government financial assistance for reasons other than a disability
were convicted of a violent criminal offence, any offence against a relative or any sexual offence—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a pardon was issued
defaulted on an immigration loan—late or missed payments
are in prison or
have declared bankruptcy and have not been released from it yet.

(It would really depend on the nature of the offence).

 

[jomarcabiles]

thanx again siouxie,,,,well he was charge recently i think related to child but the case is still going on since they have no evidence to prove the charges and he is currently on bail.....we are worried about that this may cause the denial of our sponsorship,,,,we plan to submit the application in buffalo because your right that may be easier for the papers to be process as what i read on other forums,,,


thanx so much again,,,