Help on how to invite my common law partner

[Windragon100576]

Please help me what to do. My common law partner and I applied tourist visa separately last year. Since i am married and came from the country (philippines) that has no divorce i checked "married" as my marital status. I have no choice because in my passport my last name is still the last name of my exhusband. Hard to explain why my last name is not the same with my birth certificate. So to less the confusion i put married since technically I am still though I am separated for years. My exhusband is in the U.S with another girl. Now my concern is when my common law partner applied he didnt declare that he has a common law partner as well just because i didnt declare him. Because if he will then it will not go with my application information. He got denied and luckily i was granted with a tourist visa. Now with the help of prayers I got a job and will be holding a work permit (soon). I am just waiting for my passport and cross the border.

Here is the thing.... I want my kids and my partner to come here for christmas and would like to give invitation to him and say that he is my common law partner and inviting him with my kids to be with me on christmas holiday. I dont know if this will work and what to do.... I want to know if is it possible to updat my marital status once I get my permit? So that when he apply for tourist and check my info ihis name is there as my common law partner. Help me please.

Thank you!

 

[Jalex23]

Please help me what to do. My common law partner and I applied tourist visa separately last year. Since i am married and came from the country (philippines) that has no divorce i checked "married" as my marital status. I have no choice because in my passport my last name is still the last name of my exhusband. Hard to explain why my last name is not the same with my birth certificate. So to less the confusion i put married since technically I am still though I am separated for years. My exhusband is in the U.S with another girl. Now my concern is when my common law partner applied he didnt declare that he has a common law partner as well just because i didnt declare him. Because if he will then it will not go with my application information. He got denied and luckily i was granted with a tourist visa. Now with the help of prayers I got a job and will be holding a work permit (soon). I am just waiting for my passport and cross the border.

Here is the thing.... I want my kids and my partner to come here for christmas and would like to give invitation to him and say that he is my common law partner and inviting him with my kids to be with me on christmas holiday. I dont know if this will work and what to do.... I want to know if is it possible to updat my marital status once I get my permit? So that when he apply for tourist and check my info ihis name is there as my common law partner. Help me please.

Thank you!

You can't.

For you to have a common law partner you first need to be single. If you are still married then you can't have a common law partner.

 

[marso]

In my understanding, you can declare someone as your common-law partner so long as you have previously cohabited together for 1 year, and shared a conjugal relationship. You do not need to be single, so long as you are not still enjoying a marital relationship with your previous spouse.

In the op02 manual, it reads:

5.38. What happens if the common-law partner (principal applicant) is married to another person?
Persons who are married to third parties may be considered common-law partners provided their marriage has broken down and they have lived separate and apart from the spouse for long enough to establish a common-law relationship – at least one year. In this case they must have cohabited in a conjugal relationship with the common-law partner for at least one year. Cohabitation with a common-law partner cannot be considered to have started until a physical separation from the spouse has occurred. A common-law relationship cannot be legally established if one or both parties continue their marital relationships.

Officers must be satisfied that a principal applicant is separated from and no longer cohabits with a legal spouse. This evidence may be in the form of a signed formal declaration that the marriage has ended and that the person has entered into a common-law relationship. An officer may require that the person produce other written evidence of a formal separation or of a breakdown of the marriage. Acceptable documents include a separation agreement, a court order in respect of custody of children identifying the fact of the marriage breakdown, documents removing the legally married spouse(s) from insurance policies or will as beneficiaries (a “change of beneficiary” form).

In the above circumstances, the legal spouse of the principal applicant need not be examined and will not be considered a member of the family class if the applicant later attempts to sponsor this spouse. [See R117(9)(d)]. Notes in CAIPS should indicate that the applicant was aware of the consequences of non-examination.

 

[rhcohen2014]

You can't.

For you to have a common law partner you first need to be single. If you are still married then you can't have a common law partner.

actually, this is not necessarily true. in some countries it is illegal to get a divorce, so canada will still recognize a realtionship as commonlaw if they meet the legal definition as such. There are many posts on the family board about this. While it's not legal to remarry if still married, it seems to be ok to be legally married to one person and in a commonlaw relationship with another.

 

[PMM]

Hi

actually, this is not necessarily true. in some countries it is illegal to get a divorce, so canada will still recognize a realtionship as commonlaw if they meet the legal definition as such. There are many posts on the family board about this. While it's not legal to remarry if still married, it seems to be ok to be legally married to one person and in a commonlaw relationship with another.

There are only two countries that don't allow divorce and that is the Philippines and the Vatican, Malta started allowing divorces in 2012.