IMM 0008 Generic for conjugal while still married??

[wally1961]

I'm filling out IMM 0008 Generic and I am still married to my spouse in NY, awaiting for my divorce. We are not legally separated. My sponsor lives in Ontario and we are filing as conjugal.

How do I fill in Q9. Your current marital status? Common-law and date conjugal relationship began, or married?

How do I fill in Q10. Have you previously been married...........if I check common-law in Q9? If I put my current spouse in here do I fill in the to date?

Thanks

Gerry

 

[wally1961]

Also on IMM 5406, what do I fill in for Section A as spouse or common-law partner? My current spouse or my conjugal partner or nothing?

Thanks

Gerry

 

[matthewc]

Common-law has a specific meaning - you have to have been living together continuously for 1 year. If that isn't you, then don't tick that. If that is you, then you should be applying as common-law partners, not conjugal.

Note that even under the conjugal partner category, you still have to have been in a committed conjugal relationship for at least one year.

Assuming you fulfill all the other requirements of the conjugal partner category (see OP2) I would suggest:

Q9: Married and the date of your (now broken down) marriage
Q10: Yes, your (legal) spouse's name and DOB, Marriage, and the date of the start of the marriage. I would leave the "to" date blank.

Somewhere around Q10 write "additional information attached".

On a separate piece of paper, put "Additional information for IMM 0008 Q9 and Q10", as well as your full name and client ID if you know it. Explain the situation, that your divorce is not yet finalised, as well as the date of marriage, the date the marriage broke down and you separated, when you filed for divorce, and the date your relationship with your current partner began.

 

[matthewc]

On IMM 5406 I'd put your current partner. You'll have already explained the situation in detail by then.