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Landed as an immigrant with common law spouse, but relationship has broken down

DJD20

Full Member
Nov 17, 2016
34
0
Hi,

I came to Canada as an Immigrant with common law spouse but without any condition on our landing papers. The relationship has broken down and we got separated. Can I marry another person without worrying about my status?
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
DJD20 said:
Hi,

I came to Canada as an Immigrant with common law spouse but without any condition on our landing papers. The relationship has broken down and we got separated. Can I marry another person without worrying about my status?
How exactly did you and your common-law partner get PR status? Was it through an economic stream, or was your partner a Canadian and sponsored you under family class?
 

DJD20

Full Member
Nov 17, 2016
34
0
Rob_TO said:
How exactly did you and your common-law partner get PR status? Was it through an economic stream, or was your partner a Canadian and sponsored you under family class?
Hi Rob_TO,

We applied through FSW class. She was my common law spouse, I was the principal applicant. Both of our landing papers do not have any condition. I'm a Canadian PR right now.

Thanks!
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
DJD20 said:
Hi Rob_TO,

We applied through FSW class. She was my common law spouse, I was the principal applicant. Both of our landing papers do not have any condition. I'm a Canadian PR right now.

Thanks!
In that case both of you can separate, get new spouses and sponsor them whenever you want. There are no restrictions.
 

DJD20

Full Member
Nov 17, 2016
34
0
Rob_TO said:
In that case both of you can separate, get new spouses and sponsor them whenever you want. There are no restrictions.
That's good to hear! Indeed, I have plans now to marry my current girlfriend who is still currently outside of Canada. I'm hoping I could sponsor her after we get married. Would there be any problems if we get married here in Canada if she comes here with a visitor visa?
Also, I have only updated my marital status in CRA, should there be another place where I need to update my status? Do I need to inform CIC?

Thank you so much!
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
DJD20 said:
That's good to hear! Indeed, I have plans now to marry my current girlfriend who is still currently outside of Canada. I'm hoping I could sponsor her after we get married. Would there be any problems if we get married here in Canada if she comes here with a visitor visa?
Also, I have only updated my marital status in CRA, should there be another place where I need to update my status? Do I need to inform CIC?

Thank you so much!
You can get married wherever you like. Once married you can apply to sponsor her for PR under family class. You will need to research and choose between Inland or Outland PR application. Check the family class section of this forum for more info.

You don't need to inform CIC about the marriage until you actually apply for her PR.
 

DJD20

Full Member
Nov 17, 2016
34
0
Rob_TO said:
You can get married wherever you like. Once married you can apply to sponsor her for PR under family class. You will need to research and choose between Inland or Outland PR application. Check the family class section of this forum for more info.

You don't need to inform CIC about the marriage until you actually apply for her PR.
How about my status change from common-law to separated? In CRA, I had to declare my common law status when we were still together and had change it to separated when the relationship broke down. Would my landed status as a common law be scrutinized if I apply for a spousal sponsorship later on if I don't inform CIC?
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
DJD20 said:
How about my status change from common-law to separated? In CRA, I had to declare my common law status when we were still together and had change it to separated when the relationship broke down. Would my landed status as a common law be scrutinized if I apply for a spousal sponsorship later on if I don't inform CIC?
No, once you land as a PR your case with CIC is essentially closed and you don't need to update them about future changes to your relationship.

It's only when/if you apply to sponsor someone new (and I think when/if you apply for citizenship), will you need to then go through your previous common-law relationship and disclose the separation.
 

DJD20

Full Member
Nov 17, 2016
34
0
Rob_TO said:
No, once you land as a PR your case with CIC is essentially closed and you don't need to update them about future changes to your relationship.

It's only when/if you apply to sponsor someone new (and I think when/if you apply for citizenship), will you need to then go through your previous common-law relationship and disclose the separation.
In the sponsorship application wherein I have to disclose my past common law relationship, would the timeline from when we started the common law union begin from when we started living together outside Canada? or from when we landed in Canada as common law?

Thank you so much for the valuable inputs!
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
DJD20 said:
In the sponsorship application wherein I have to disclose my past common law relationship, would the timeline from when we started the common law union begin from when we started living together outside Canada? or from when we landed in Canada as common law?
Neither, it's when you reached 12 months of living together outside of Canada.