Immigration with common-law with not cancelled previous marriage - PLEASE ADVISE

[am4501]

Hello to everybody!

I have been married but for the past 4 years we have been separated I have new girlfriend and we plan to immigrate together. Due to personal reasons I can’t get a divorce from my wife.

Is there any chance to pass the immigration process without divorce certificate?

Thanks in advance!

 

[Asivad Anac]

Theoretically, there is a chance that you could.

But that will involve lying on your application. That is called Misrepresentation. And it could get your PR application refused or your positive PR decision reversed if and when they find out that you lied on your application. It could also lead to you being banned for up to 5 years from applying to Canada.

 

[am4501]

Theoretically, there is a chance that you could.

But that will involve lying on your application. That is called Misrepresentation. And it could get your PR application refused or your positive PR decision reversed if and when they find out that you lied on your application. It could also lead to you being banned for up to 5 years from applying to Canada.

Thanks a lot for your reply! But is there any way to do it without lying? Maybe I can give some letter of explanation to CIC?

 

[Asivad Anac]

Thanks a lot for your reply! But is there any way to do it without lying? Maybe I can give some letter of explanation to CIC?

You'll need legal papers confirming your separation and/or divorce before you could legally include your common-law partner in this PR application. Else it would be lying, misrepresentation and borderline bigamy and I imagine IRCC wouldn't take kindly to any of that if and when they find out.

 

[yelena]

as Asivad said., you can not be married and have a common law at the same time. You can have a girlfriend, but legaly this is a lot different than common law.

if you tried to convince CIC that you are separated from your spouse, than still I am not sure you could claim common law with another person. There is a whole lot of issues with that.

Resolve your marriage before embarking on your immigration journey

 

[am4501]

as Asivad said., you can not be married and have a common law at the same time. You can have a girlfriend, but legaly this is a lot different than common law.

if you tried to convince CIC that you are separated from your spouse, than still I am not sure you could claim common law with another person. There is a whole lot of issues with that.

Resolve your marriage before embarking on your immigration journey

Thanks a lot