Common law partner

[sergei]

Hi, I'm a Filipino, married but no longer cohabiting with my spouse for 5 years. I'm in a relationship now with my new partner for over a year and i wanted to immigrate to Manitoba thru MPNP Family Stream category. Question #1: How can i include my Common law partner in my application if i have not obtained a legal separation or annulment with my spouse from whom i am married? #2: Do I have to declare my spouse as my family member in the application for MPNP considering that we are not living together anymore?

Enlighten me please!

Sergei

 

[angelbrat]

If you are still married, you need proof that your separation started before you became involved with your new common law partner.

An official letter between you and your spouse will help. CIC will not penalize you for being married but they will insist there is some legal paper showing the separation and time line.

Also, you will need to show full proofs that you have cohabited with your partner in a marriage like relationship for a minimum of 12 months. Joint bank accounts, loans, mortgage, life insurance, leases etc. will help prove this.

 

[sergei]

Thanks for your interest in my post.. Another thing, my partner also has previous marriage with and its not yet settled legally.. if I declare her as one of my dependents in my visa application does she have to provide proof of her separation from her previous marriage so i can sponsor her in a later time along with my daughter?

 

[redge]

Hi, re common law partner, in my case i as principal applicant and my fiance as my dependent have been approved under the status of COMMON LAW PARTNE, we got our LOA last May 2010 and as of the moment we are still waiting for our medical request, we really wanted to get married, is it possible? i mean does change of status from common law partner to married status may affect or delay the the processe of our application? thanks

 

[sergei]

Hi, re common law partner, in my case i as principal applicant and my fiance as my dependent have been approved under the status of COMMON LAW PARTNE, we got our LOA last May 2010 and as of the moment we are still waiting for our medical request, we really wanted to get married, is it possible? i mean does change of status from common law partner to married status may affect or delay the the processe of our application? thanks

If u say ur approved as common law partner then might as well wait till u get to canada to marry her, its not that it will complicate things with respect to your application but for sure they're gonna need new sets of documents in relation to your married status.

 

[redge]

@ sergei,
Thanks alot

 

[hermione2050]

Angelbrat,

Hi!

I'm so grateful that I found this forum. Me and my partner's documents are ready for submission but we are confuse of our civil status. Both of us were nominated under AINP, he is married but separated for over seven years now. His marriage is not yet annulled, we are living here in canada as common-law partner but we are not declaring ourselves as common-law. In our application I maintained my single status and him as married. What makes it more complicated is our daughter and we are both declaring her. Do you think it is okay if we will declare ourselves as common-law while he has a marriage status?

Please advice. I need your reply as soon possible coz our nomination is expiring soon. Thank you!

 

[hermione2050]

Angelbrat,

My partner's annulment is already in-process but it will take time to get it finalize.

 

[angelbrat]

Angelbrat,

My partner's annulment is already in-process but it will take time to get it finalize.

You can declare a common law relationship, even if one party is still married. What you need to do is send in proof that the relationship started after the break down of the marriage.

You also need to send in proof, that you have lived together in a marriage like relationship for a minimum of 1 year. Proofs excepted by CIC are life insurances, leases, bank accounts, wills etc in each other names or joint. Photos, birth cert of your daughter naming you both as parents will help. Its a lot tougher to prove common law but one still being married will not effect this.

 

[hermione2050]

Angelbrat,

Thank you for reply. Yes we declared common-law and we have joint bank accounts, lease receipts, and my baby's birth certificate as proofs. In fact we already received our file number and I wonder why the embassy is already asking us to pay for the Right of Permanent Resident Fee. I thought it would follow after the medical. :=)