Thank you! In your case how did you show that you were in common law relationship like how do you prove it.. I have taken a condo ( on my name as I am on PR and his status is Study permit so he couldn't be added over there), the paper are on my name. utility bill is on my name. however, we live in same house ( address is same everywhere). I had him as my nominee in my office documents and had it updated as common law to CRA. I am trying to understand what sort of proff i can show in this situation.
While it's technically permissible to apply as commmon law without being divorced, you can expect more scrutiny because of his still legally valid marriage. (Is there a reason he hasn't actually filed to get divorced?)
So points:
-it is quite important that you be able to show, with good evidence, a START date of residing together that is greater than one year from date of application. You can show whatever you have from before, even if circumstantial, and it will help - but make sure you have good evidence for that start date. To be clear, what I mean is that you can write whatever factual date you started residing together, but for your best, strongest evidence - you really want it to be more than 12 months old.
-I would STRONGLY suggest that your spouse take some official legal steps to get divorced - whatever those steps might be - and include copies and (he should) have a letter of explanation (short, factual) about why he hasn't yet so far and what steps he is taking to do it now and how long it might take.
This isnt' that unusual - there have been people here whose spouses have disappeared, live abroad, refuse to contact, whatever - there is a procedure (for which, if you can't figure it out, hire a lawyer) to notify and start the process. (And he should follow through - I understand it takes time and IRCC probably will too IF there's evidence it's in process).
Again - not technically required. But if any other part of your app is weak, they can delay things and/or actually decline if it's not convincing.
