Conjugal partner

[Frankgregg]

I am separated from my wife since April 2009 and cannot divorce for a further 2 years(ireland), My Canadian partner is divorced.
I have one son 25 he's not a dependent and will not be travelling to Canada.

We have lived together since April 2010 in Canada with breaks when I would return home or visit America so as not to break my tourist visa then return home to Canada after a short period. My partner has visited my family in Ireland
I am currently in England trying to get a visa sorted out and was applying as a conjugal partner.. Here's the question? in a few parts

1. Are we eligible to apply under this application ''Conjugal partner sponsorship''.
2. Are we wasting time and energy on this application at the moment?
3. Is it necessary for me to have a separation order from my 1st wife when I apply for conjugal sponsorship.
If we do apply...when I list my son as family must he do a medical, must he do a background check..?
I have tried calling the high commission ( they dont take inquires) CIC Web page leads you around a maze and cannot find the information I need there.. any help, guidance would be gratefully received .

 

[CharlieD10]

1. If you've been living together since Apr 2010 with only breaks to return home, you might already qualify as common-law, i.e. have a minimum of 12 months of provable cohabitation. I would suggest you examine your circumstances to see if you qualify. You may be sponsored as a common-law partner if you meet this minimum, it doesn't matter that you're still not divorced, as long as there was a clear separation from your (ex)-wife before you started residing with your Canadian partner.

Conjugal can be difficult (but not impossible) for visa-exempt couples because the argument is they can stay in each other's countries long enough to qualify as common-law, so there is no immigration barrier. Jobs and education are not seen as sufficient barriers.

2. See above.

3. No. You just need to have been clearly separated from her, e.g. maintaining separate residences, no longer in a conjugal (marriage-like) relationship.

4. Your son is too old to qualify as a dependent (whether accompanying or non-accompanying), so you don't need all those for him. He is included as an additional family member.

 

[Frankgregg]

Thank you Charlie,
I was starting to despair of ever getting through the application..I will keep posting any updates I have on this my situation.
Now to download an all new set of forms..
again thanks for the guidance.
Frank