Common Law Partner

[Gidipatiya]

I'm an Express Entry Applicant from Sri Lanka(female). I received my Invitation end of March this year and I'm in the process of my divorce. It has been 2 years since i started it, but my husband who is a military officer here, drags the case. To get the final decision it will take another 2 years at least, according to the lawyers here. I have a small daughter who is 2 and half now, and still the courts has not decided the custoday and she is living with myself. I'm also having another relationship and my child calls him the father, since she has not even seen her biological father more than five times.

Is there a way I can take both of them with me? The guy who is living with me was my boyfriend for 15 years, and I had to marry the other person just because my parent wanted me to. I can prove that we stayed together and expenses shared for a long time.

Please help me.

 

[dobes]

I'm an Express Entry Applicant from Sri Lanka(female). I received my Invitation end of March this year and I'm in the process of my divorce. It has been 2 years since i started it, but my husband who is a military officer here, drags the case. To get the final decision it will take another 2 years at least, according to the lawyers here. I have a small daughter who is 2 and half now, and still the courts has not decided the custoday and she is living with myself. I'm also having another relationship and my child calls him the father, since she has not even seen her biological father more than five times.

Is there a way I can take both of them with me? The guy who is living with me was my boyfriend for 15 years, and I had to marry the other person just because my parent wanted me to. I can prove that we stayed together and expenses shared for a long time.

Please help me.

At first glance, using CIC's definition of common law spouse, your boyfriend may not have much trouble coming with you, as you can prove the relationship and its duration. I read a few things indicating that your marriage will not be a bar to this, and I assume you can show that you filed for divorce long ago. Please don't take this as absolute truth though, as I am not a Canadian immigration lawyer!

I suspect things will be harder with your daughter. Many countries do not like the idea of one parent taking a child far away without the permission of the other, and out of the jurisdiction of the court. The country you plan to immigrate to will also want to know that that is okay with the child's father.


Is there a chance your almost-ex will agree to let you bring the child?

The best thing you could do is to hire a good, experienced Canadian immigration lawyer - not an agency - to help you sort out your situation. Good luck!

 

[scylla]

Yes - you can include your common law partner in your application provided the two of you have lived together for at least one full year and can prove it.

Yes - you must include your daughter in the application as well. However once it's time to come to Canada, you will need to obtain a letter from her father giving you permission to remove your daughter from her home country and take her to Canada to live there permanently.

 

[Gidipatiya]

Thank you so much

 

[Gidipatiya]

No, to allow me to bring the child to Canada, he is asking for a huge amount of money.

 

[dobes]

Well, I'm sure the child is worth a lot more than the money! And at least he will allow you to bring her.

When my brother got divorced, the judge ordered both parents to live within 10 miles of New York City until their son was 18, or lose custody! For 14 years, he was not allowed to live anywhere else.