Complicated situation!

[Thebeautile]

Hello, so I am a Canadian citizen, I was married in the Philippines to a Filipino girl and we had a son, I have sponsored her and waiting her PR and my son citizenship. Unfortunately we have come to realize our relationship isn' going to work so we decide to split(not yet divorce) she still want to come to canada so that our son can have a better quality life. My new girlfriend is a Japanese girl here on working holiday visa witch will expire end of April, she can have visitor visa here for 6 months I think without a problem but we are worried about what will happen after that, I do own a business and I can employ her if that would be best way for her to extend her stay in Canada? I guess I am just looking for advice as to the best route to go.. also I was wondering if I am not yet divorce but I am split with wife, would the time I am together with my girlfriend be applicable if she was to get a common law visa or something like that? Thank you so much for any help

 

[JulianaAndrew]

Hi. I am assuming that your wife already landed in Canada and is already a permanent resident of Canada. If that is not the case, you will be committing immigration fraud unless you report this to IRCC, or withdraw the application. Assuming your wife is a PR already, then that means you cannot sponsor another partner for 3 years from the time your wife became a PR, which would be the day she landed. If you split already, then living together with your girlfriend will count towards the common-law status, even if you are not divorced yet. You could try to keep your current girlfriend in Canada until you become common-law, but you can't sponsor her until the current undertaking to your wife expires; they last for 3 years. About employing your girlfriend, you might be able to do that, but I've heard it's quite difficult to do that, because you have to go through a lot for it, including proving that a Canadian citizen or PR couldn't have had that job. I don't know much about the subject so others may advice you on that.

 

[Thebeautile]

Hi. I am assuming that your wife already landed in Canada and is already a permanent resident of Canada. If that is not the case, you will be committing immigration fraud unless you report this to IRCC, or withdraw the application. Assuming your wife is a PR already, then that means you cannot sponsor another partner for 3 years from the time your wife became a PR, which would be the day she landed. If you split already, then living together with your girlfriend will count towards the common-law status, even if you are not divorced yet. You could try to keep your current girlfriend in Canada until you become common-law, but you can't sponsor her until the current undertaking to your wife expires; they last for 3 years. About employing your girlfriend, you might be able to do that, but I've heard it's quite difficult to do that, because you have to go through a lot for it, including proving that a Canadian citizen or PR couldn't have had that job. I don't know much about the subject so others may advice you on that.

Thank you very much for your advise! Can you tell me a little more how a common-law visa can be granted?

 

[JulianaAndrew]

Thank you very much for your advise! Can you tell me a little more how a common-law visa can be granted?

For immigration purposes, you become common-law after having a conjugal relationship with someone and living with that someone in the same place, and continuously for a complete year. Once you've reached that, you are considered common-law. Of course, you will need to prove that cohabitation. Other than that, and a few differences, the process is pretty much the same as sponsoring a spouse. And I believe you know how that is, given you've sponsored your wife.

 

[Thebeautile]

Great, thank you so much! What if for example we lived together for 6 months in Canada, and 6 months in japan would that still be considered the same?

 

[JulianaAndrew]

Great, thank you so much! What if for example we lived together for 6 months in Canada, and 6 months in japan would that still be considered the same?

Yes, that would count. You will need proofs of that though, it's not always that easy to prove cohabitation, so keep that in mind.

 

[Thebeautile]

So much help, thank you so much!

 

[canuck78]

Doesn't sound like your wife has completed her PR and landed. as mentioned before you will be committing immigration fraud if you don't inform IRCC. You can't sponsor your wife for PR while claiming you are in a common law relationship.

 

[Rob_TO]

Great, thank you so much! What if for example we lived together for 6 months in Canada, and 6 months in japan would that still be considered the same?

Yes, as long as you moved together from Canada to Japan so there was no break in the cohabitation. You just need to live together for 1 continuous year, it can be in multiple homes or countries.

 

[Thebeautile]

Doesn't sound like your wife has completed her PR and landed. as mentioned before you will be committing immigration fraud if you don't inform IRCC. You can't sponsor your wife for PR while claiming you are in a common law relationship.

I will be withdrawing her application and informing them right away