Common-law, proof of separation of previous marriage

[borderdown]

Good evening everyone,

My common-law partner from the U.S. and I have been living together now for nearly 4 years and are planning on finally submitting for spousal sponsorship. Our forms are mostly complete, but I have a question about IMM5589 Part B #4 for the sponsor to fill out.

The question is as follows:

Are you (the sponsor) currently married to anyone other than the person you are sponsoring?
If you answered yes, but you are legally separated, provide proof of separation (i.e. income tax forms, legal documents).

I was married in 2016 to an ex-partner (also from the U.S.), but we went our separate ways and she has been living back in the U.S. and hasn't entered Canada at all since 2018. We never got a legal divorce as it didn't seem necessary, plus the fact that she lives in a different country and is not in regular contact would have made it more of a hassle than it seemed to be worth.

Needless to say, that relationship is not ongoing and hasn't been for years. It shouldn't get in the way of applying for common-law sponsorship of my current partner, but I'm not sure how to go about providing proof of separation. My ex and I never shared any bills, didn't need to file for taxes, weren't on any lease, or together on any other legal documents beyond the original marriage certificate. The only proof I can think to provide on that relationship being over is the fact that I've been living with my new partner for years while my ex has been back in the U.S. (though, I don't know how to provide proof of the latter part of that in particular).

I don't plan on ever sponsoring my ex-partner to Canada, which I believe is the primary concern of this question. If I were to provide a written statement with the facts that that relationship has ended, and swore to never sponsor that person to Canada, would it be enough as proof for this question? I wouldn't mind going through the trouble of getting a divorce in the future, but at the moment sponsoring my current partner is far more important and more time-sensitive to me, so I'd like to be able to submit it with adequate proof as soon as possible.

Thank you for reading, and thanks in advance for any responses!

 

[YVR123]

Good evening everyone,

My common-law partner from the U.S. and I have been living together now for nearly 4 years and are planning on finally submitting for spousal sponsorship. Our forms are mostly complete, but I have a question about IMM5589 Part B #4 for the sponsor to fill out.

The question is as follows:


I was married in 2016 to an ex-partner (also from the U.S.), but we went our separate ways and she has been living back in the U.S. and hasn't entered Canada at all since 2018. We never got a legal divorce as it didn't seem necessary, plus the fact that she lives in a different country and is not in regular contact would have made it more of a hassle than it seemed to be worth.

Needless to say, that relationship is not ongoing and hasn't been for years. It shouldn't get in the way of applying for common-law sponsorship of my current partner, but I'm not sure how to go about providing proof of separation. My ex and I never shared any bills, didn't need to file for taxes, weren't on any lease, or together on any other legal documents beyond the original marriage certificate. The only proof I can think to provide on that relationship being over is the fact that I've been living with my new partner for years while my ex has been back in the U.S. (though, I don't know how to provide proof of the latter part of that in particular).

I don't plan on ever sponsoring my ex-partner to Canada, which I believe is the primary concern of this question. If I were to provide a written statement with the facts that that relationship has ended, and swore to never sponsor that person to Canada, would it be enough as proof for this question? I wouldn't mind going through the trouble of getting a divorce in the future, but at the moment sponsoring my current partner is far more important and more time-sensitive to me, so I'd like to be able to submit it with adequate proof as soon as possible.

Thank you for reading, and thanks in advance for any responses!

I know that you could choose not to file taxes but why not? If you had filed taxes as seperated, then you would have proof.
I believe that you've been living in Canada the whole time?

Do you have any contact with your ex? (email? sosical media?) Maybe your ex can write a letter to support that you have been separated since "date". Maybe starting of the divorce process or legal separation process can be proof as well?
You may want to look into filing for a divorce for the long run. Since your ex is still your legal spouse and that may create other problems in the future.

 

[Ponga]

https://www.canada.ca/en/immigratio...lass-determining-spouse/assessing-common.html

Sponsor or common-law partner legally 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 their spouse for at least one year, during which time they must have cohabited in a conjugal relationship with the common-law partner. Cohabitation with a common-law partner can only be considered to have started once a physical separation from the spouse has occurred. A common-law relationship cannot be legally established if one or both parties continue to maintain a conjugal relationship with a person to whom they remain legally married.


When the sponsor is legally married to someone else, officers must be satisfied that the sponsor is separated from and no longer cohabits with the legal spouse. The same restriction applies to the applicant, when applicable. Where information provided in the IMM 5532 (Relationship Information and Sponsorship Evaluation) is insufficient, an officer may request additional evidence, such as:

• a signed formal declaration that the marriage has ended and that the person has entered into a common-law relationship
• a separation agreement
• a court order in respect of custody of children substantiating the marriage breakdown, or
• documents removing the legally married spouse(s) from insurance policies or wills as beneficiaries (a “change of beneficiary” form)

In the above circumstances, the legal spouse will not be examined. This spouse cannot subsequently be sponsored by the principal applicant [R117(9)(d)].

 

[borderdown]

Hi everyone, thank you for the responses.

I know that you could choose not to file taxes but why not? If you had filed taxes as seperated, then you would have proof.
I believe that you've been living in Canada the whole time?

Do you have any contact with your ex? (email? sosical media?) Maybe your ex can write a letter to support that you have been separated since "date". Maybe starting of the divorce process or legal separation process can be proof as well?
You may want to look into filing for a divorce for the long run. Since your ex is still your legal spouse and that may create other problems in the future.

I found filling out that part of the tax forms confusing because I didn't know what should have legally been in that field (married, separated, or common-law with new partner) and I didn't owe any money so I didn't want to risk submitting something incorrect. I can contact my ex if I need to for this, but I wasn't sure if requesting a letter from her would be counter-productive to proving that the relationship is no longer ongoing?

• a signed formal declaration that the marriage has ended and that the person has entered into a common-law relationship
• a separation agreement
• a court order in respect of custody of children substantiating the marriage breakdown, or
• documents removing the legally married spouse(s) from insurance policies or wills as beneficiaries (a “change of beneficiary” form)

Only the first one may apply to me. Would I need to see a lawyer before submitting the sponsorship application to get a letter like this notarized?

 

[Ponga]

Only the first one may apply to me. Would I need to see a lawyer before submitting the sponsorship application to get a letter like this notarized?

Why would you need a lawyer? Just write a statutory declaration yourself and have it notarized by a Notary Public (or similar), which would be a lot cheaper and would [seem] to be just as good.

 

[YVR123]

Hi everyone, thank you for the responses.

I found filling out that part of the tax forms confusing because I didn't know what should have legally been in that field (married, separated, or common-law with new partner) and I didn't owe any money so I didn't want to risk submitting something incorrect. I can contact my ex if I need to for this, but I wasn't sure if requesting a letter from her would be counter-productive to proving that the relationship is no longer ongoing?

Only the first one may apply to me. Would I need to see a lawyer before submitting the sponsorship application to get a letter like this notarized?

You file tax for every year and fill in the marital status of that year... But well, I think it's not useful at this point.