Getting sponsored while still married???

[missMozart21]

I am currenty living with my partner in Canada - we have been living together for almost 2 years and have a child together. He is a permanent Resident. I have been living in Canada since June 2011 on student visas; my most current study visa is valid until 2017 as I am in a PhD programme here in Canada.

Unfortunately, I am still legally married to my ex. Divorce papers were filed over a year ago, and he is dragging his feet to avoid child support. I am worried about how long it will take to resolve it. Can I have my partner sponsor me even though I am not legally divorced from my ex? He lives in the US. My partner and I had a child this August. I would really love to become a Permanent resident and continue with the immigration as my career, etc is established in Canada.

 

[Catou]

Yes, you can be sponsored since you are in a common-law relationship. Your marital status with your former husband is largely irrelevant to your current relationship.

You mentioned your ex is trying to avoid child support. If you have a child with your ex you will need to sort out custody and support arrangements because CIC will need assurance that your husband has given permission for his child to live in Canada permanently.

 

[DuberBlue]

As you have been living with your current partner continuously for at least one year you would qualify as common-law in the eyes of CIC...even if you have another marital status.

Shorter answer: he can sponsor you

 

[missMozart21]

Thanks, guys.

My ex wants the kids to live in Canada. As far as he is concerned, that is less money for him to pay. I have had them 365 nights a year since he abandoned us up here almost 2 years ago.

I guess I am going to go ahead with the application then.