Delayed divorce for the application

[anthone0]

Hi,

I am about to submit my PR application and I myself have my divorce certificate, but my partner, which is my sponsor, is still has an ongoing divorce from ex. Shall I proceed with my application without her divorce certificate?
They're been separated for more than a year now.

thanks!

 

[PMM]

Hi

Hi,

I am about to submit my PR application and I myself have my divorce certificate, but my partner, which is my sponsor, is still has an ongoing divorce from ex. Shall I proceed with my application without her divorce certificate?
They're been separated for more than a year now.

thanks!

1. Only if you are common/law couple (lived together for 1 Year) can the sponsorship go ahead.

 

[anthone0]

Hi

1. Only if you are common/law couple (lived together for 1 Year) can the sponsorship go ahead.

yes we plan to get a statutory declaration, is that enough?

 

[screech339]

yes we plan to get a statutory declaration, is that enough?

That is not good enough. They want the official divorce certificate. Statutory declaration only means they are in process of divorce. The applicant is still technically married until a divorce is granted and a divorce certificate is issued.

 

[Ponga]

That is not good enough. They want the official divorce certificate. Statutory declaration only means they are in process of divorce. The applicant is still technically married until a divorce is granted and a divorce certificate is issued.

But a person can be sponsored as Common-Law, even if one is still married (but has been separated for at least 1 year).

I think they meant Statutory Declaration of Common-Law form.

 

[anthone0]

That is not good enough. They want the official divorce certificate. Statutory declaration only means they are in process of divorce. The applicant is still technically married until a divorce is granted and a divorce certificate is issued.

Statutory declaration of common-law relationship is not enough??

 

[screech339]

But a person can be sponsored as Common-Law, even if one is still married (but has been separated for at least 1 year).

I think they meant Statutory Declaration of Common-Law form.

Sorry I thought that was meant for "statutory declaration of divorce" Not common law.

 

[screech339]

Statutory declaration of common-law relationship is not enough??

Sorry for my error. I thought you meant "statutory of divorce" not common law.

Yes they can be one evidence used to support proof of common law relationship. Along with other documented proofs of living together for 1 uninterrupted year.

 

[anthone0]

Sorry for my error. I thought you meant "statutory of divorce" not common law.

Yes they can be one evidence to be used to support proof of common law relationship.

no, its the statutory declaration of common-law relationship
ok, so I guess the divorce can wait and I will proceed with my app

thanks again!

 

[screech339]

no, its the statutory declaration of common-law relationship
ok, so I guess the divorce can wait and I will proceed with my app

thanks again!

If you have already lived together for 1 year provided you got proof of this, why wait for divorce? You can go ahead now if you have already reached common-law status.

 

[Rob_TO]

yes we plan to get a statutory declaration, is that enough?

If you are applying under common-law, you need to prove 12 months of cohabitation with your partner. So you must include things such as a joint lease/rental agreement, shared bills, utilities, financial products, life insurance, mail addressed to both of you going to same address, declarations from friends/family about your common-law status, etc etc... as much stuff as you can to show 12 months of cohabitation.

Just having a stat declaration of common-law, is not good enough. In fact that is not even a required document so many people don't even submit it.

 

[anthone0]

If you have already lived together for 1 year provided you got proof of this, why wait for divorce? You can go ahead now if you have already reached common-law status.

my partner will soon call the canadian revenue to change our status to common-law because in principle and in reality we have lived for a year now together. So in the eyes of the Canadian revenue, we are a common-law (for tax purposes) already.

Is it possible that we are a common-law to canadian revenue, but because I don't have enough proof, the CIC denies my application?

The only proof I have is my plane ticket. I've been living with her since day 1 I arrived here in Canada. we have joint account tho.

so, back to my question, for tax purposes, we are common-law, but to CIC, we are not, is that even possible??

 

[screech339]

my partner will soon call the canadian revenue to change our status to common-law because in principle and in reality we have lived for a year now together. So in the eyes of the Canadian revenue, we are a common-law (for tax purposes) already.

Is it possible that we are a common-law to canadian revenue, but because I don't have enough proof, the CIC denies my application?

The only proof I have is my plane ticket. I've been living with her since day 1 I arrived here in Canada. we have joint account tho.

so, back to my question, for tax purposes, we are common-law, but to CIC, we are not, is that even possible??

Yes unfortunately you can still be denied common law PR with only 2 proof of record. CRA and declaration. Besides CRA is a separate entity from CIC. So CiC doesn't want to do the legwork to find proof of your common law. The onus is on you to prove it.

 

[Ponga]

my partner will soon call the canadian revenue to change our status to common-law because in principle and in reality we have lived for a year now together. So in the eyes of the Canadian revenue, we are a common-law (for tax purposes) already.

Is it possible that we are a common-law to canadian revenue, but because I don't have enough proof, the CIC denies my application?

The only proof I have is my plane ticket. I've been living with her since day 1 I arrived here in Canada. we have joint account tho.

so, back to my question, for tax purposes, we are common-law, but to CIC, we are not, is that even possible??

If that's all that you have to prove to CIC that you have been living together, you will certainly be denied.

The plane ticket simply shows that on that day, you flew to Canada...but that alone doesn't even prove that you actually ENTERED Canada. Maybe you were refused entry and were never here at all (just thinking out loud as to what CIC could say).

You need to gather EVIDENCE that you have lived together!

Good luck!

 

[anthone0]

Yes unfortunately you can still be denied common law PR with only 2 proof of record. CRA and declaration. Besides CRA is a separate entity from CIC. So CiC doesn't want to do the legwork to find proof of your common law. The onus is on you to prove it.

Ok, to be specific, the only thing I can't prove that much is the exact date we moved in together. My only proof is the plane ticket for this.
but we have joint account, a statutory declaration of common-law, statutory declaration from friends, chatlogs etc. pictures. etc.