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how does this work???

hienz57

Newbie
Mar 19, 2008
9
0
ive been seperated from my husband 6 yrs but never divorced and i have a grl friend in canada who i have been with for 3rys and want to marry and be with can anyone help ???? can i marry her or claim common- law partner while being sep. from my husband?
 

AJE

Member
Mar 16, 2008
19
0
Hi, I'm pretty new to all of this..but im pretty sure you'll have to have your divorce finalized before you go on..but im not 100%sure
 

Gdaymate

Star Member
Sep 26, 2007
151
2
You must divorce before you can marry anyone else. Canada's laws state that if you are married legally in any other country that marriage will also be valid in Canada.

It is not essential to be divorced to be common-law partners, as long as you can prove that you have been living separately and apart from your spouse for at least 1 year.
 

hienz57

Newbie
Mar 19, 2008
9
0
so could claim common law to get in to canada even though im not divorced ? and when my divorce is final how long before i can marry my common law?
 

ThirstyDeer

Star Member
Feb 10, 2008
85
1
The day you are legally divorced in Canada you can marry your sponsor. And just to be picky, not all marriages are valid in Canada. The marriage has to not break any Canadian law in regards to marriage (example: Canada doesn't recognize polygamy).
 

Regina_BC

Newbie
Mar 29, 2008
6
0
Because you are not divorced you can neither marry not to be considered as a common law partner for IMMIGRATION purposes.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

Regina_BC said:
Because you are not divorced you can neither marry not to be considered as a common law partner for IMMIGRATION purposes.
Sorry your wrong, here is what CIC says:

"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.

PMM
 

hienz57

Newbie
Mar 19, 2008
9
0
yeah ive been sep. from my husband in America for more then a year we married in sept. of 01 and been apart since 02
 

Regina_BC

Newbie
Mar 29, 2008
6
0
hienz57 said:
yeah ive been sep. from my husband in America for more then a year we married in sept. of 01 and been apart since 02
And do you have

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).
?
 

hienz57

Newbie
Mar 19, 2008
9
0
no i dont have the court papers on me but there r no children involved but i could call and have them sent to me right?