Common law sponsoring

[Labbaw]

Hi!
I am in a complicated situation wherein I've been married but separated for almost 12 years. I didn't have a son with my husband when we were still living together. So when we separated and filled an annulment in the Philippines it took much time and it was archived because my husband went back to work overseas. I had a boyfriend then and bore 1 son. In my status i am still writting married and still writting my Ex husband's name in the spouse section of all my legal documents. He is now living with another girl and has more kids.

When i applied for the passport of my son i wrote in my application that i will be the one to accompany him but he carries his father's family name.

The father of my son was married before but they separated several years ago but with out documents showing they are legally separated.

Can i sponsor him as commin law partner? If so then what are the steps and papers i have to preapre for the future sponsoring?

Thank you very much for your reply.

 

[Rob_TO]

It's actually not complicated at all, it's perfectly fine to be married to someone else on paper, and be legally common-law with your current partner as long as you've cohabited with them at least 12 consecutive months. You just need to state you and your partner are separated from any previous spouses.

See here: 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?

The only question in your case is are you a citizen or PR? And if you were ever a PR, were you common-law (having lived together 12 months) with your current partner before you became a PR?