Common Law Relationship

[Faisal10980]

Hello

I am a married person who has been seperated for 4 years. We have two sons (one recently born it was planned between my wife and I that we will have a 2nd baby so that my first son has a sibling to grow with). Anyway I are still seperated and up until 1 year, I had no intention of getting married or into another so I never looked for divorce. My wife and I have agreement regarding financial support for our kids.

Now I have been in a serious relationship for almost 1 year now. Now I wish to apply for divorce so I can get married to this new girl. Now the issue is I know my wife is going to make this hell for me.

I was thinking while i am in process of applying for divorce, can I sponsor my new girlfriend under common law?

We have been in relationship for over 1 year. We took many trips to Thailand/Malaysia together. We have 1000s of pictures together. We have facebook with our relationship status with each other. I sent her money every month which we have proof. I call her 10 times a day we we have records. I my self went to see her (her home country) almost every 2 month and have proof of tickets.

The only issue is Country where she lives in does not have anything known as Common law since it is islamic country. Most of my friend knows about our relationship, eve her parents knows about us. I have stayed at their place. My mother knows about her.

are all these enough to qualify her as a common law? is it better this way or get divorce then marry and sponsore her as a wife? the only problem is I am not sure how my divorce turns out at the end nasty or easy? not sure

Kh

 

[scylla]

Unfortunately you're not common law from a Canadian immigration perspective.

To be common law, you must have lived together for a minimum of one full year.

So the short answer is no - you cannot apply as common law.

 

[Faisal10980]

How would I be catagorized?

She cant come here and live with me due to Visa issue for it is nearly impossible for citizen of that country to get Visitor visa in Canada unless you are business person. I cant go back to her country because I have business and kids to take care of here. Although I have a dual citizen but when ever I go to Her country I have max 30 days to stay.

I go and visit her an stay for 10 to 15 days most due to my business. I have to travel around the world on every month or so.

Will conjual parter be an option?

 

[scylla]

Conjugal is the most difficult category to prove and has the highest refusal rates. You must be able to prove that real barriers exist to you getting married and living togther - but that in all other respects, you have a "marriage like" relationship. CIC may very well take the position that you don't face real barriers - you just haven't made an effort to finalize your divorce so that you can get re-married.

If you want to try for conjugal, I would first try to finalize your divorce. If you're able to get divorced, then marry your new wife and submit an application as a married couple. If you run into problems getting the divorce, then this gives you a much stronger case for conjugal and you can submit a conjugal application that includes proof of your attempts to obtain a divorce.

***edited for spelling errors - apparently my brain is already on vacation***

 

[sariss]

Conjugal is a PAIN to do. It's very hard to prove. I would do as scylla said - finalize your divorce, and marry her.