Legally seperated and Common law

[Tola11]

Hi,
I have been married for about 2 years and I have a child. But in 2017 I got separated and in 2018 I filed for a divorce.
I have found another partner during my seperation and now I am living Common Law with her. I cannot marry her due to the ongoing divorce. Can someone please tell me what should I put in my EE profile under my maritial status.?
In this case how can I use my common law partner to enhance my chances?
Thank you

 

[lilyco]

Wait until you're married to your new partner...
If you can't wait, make sure to disclose everything (explain in the letter of explanation), and I believe you shouldn't try to get points from your common law partner relationship, because technically you're still simply married. There's no box you can check for "ongoing divorce + common law".

What you really don't want to happen is for the agent to review your file and discover that you got points that you shouldn't have gotten, because they'd have to remove those points; and that might you make ineligible, which would be a waste of time and money for everyone, especially you.
If you get rejected once, next time you apply, you'll have to explain why you were rejected...

 

[Tola11]

hi, thank you very much for your reply. I understand your points.
I am thinking of working out the application because I don’t for how long my divorce case will drag. Because my ex is asking for a thumping amount of money and I am negotiating through the courts.
i can do the necessary explanations if needed, because I can prove all the documentation related to my divorce and paying of maintenance. Same time I can prove my new partner is living with me in my place from 2018.
in this case can you kindly tell me which answer to put in the Martial status. What is I put common law straight away and do the explenation?
or should I be in the category legally seprated, because I can show my divorce filing, Or else is there another way to apply for the common law partners visa after my successful PR, even I don’t mention her details in my initial application?
thanks again

 

[canuck_in_uk]

hi, thank you very much for your reply. I understand your points.
I am thinking of working out the application because I don’t for how long my divorce case will drag. Because my ex is asking for a thumping amount of money and I am negotiating through the courts.
i can do the necessary explanations if needed, because I can prove all the documentation related to my divorce and paying of maintenance. Same time I can prove my new partner is living with me in my place from 2018.
in this case can you kindly tell me which answer to put in the Martial status. What is I put common law straight away and do the explenation?
or should I be in the category legally seprated, because I can show my divorce filing, Or else is there another way to apply for the common law partners visa after my successful PR, even I don’t mention her details in my initial application?
thanks again

You are common-law and your current partner must be fully included in your app. If you don't include your partner and you get PR, you will be committing misrepresentation and she will be forever excluded from the Family Class, meaning sponsorship will never be possible. You can explain the full situation in an LOE.

 

[canuck_in_uk]

Wait until you're married to your new partner...
If you can't wait, make sure to disclose everything (explain in the letter of explanation), and I believe you shouldn't try to get points from your common law partner relationship, because technically you're still simply married. There's no box you can check for "ongoing divorce + common law".

What you really don't want to happen is for the agent to review your file and discover that you got points that you shouldn't have gotten, because they'd have to remove those points; and that might you make ineligible, which would be a waste of time and money for everyone, especially you.
If you get rejected once, next time you apply, you'll have to explain why you were rejected...

IRCC recognizes that divorces can take years and people can become common-law while still legally married. OP is common-law and must include his partner in his PR app. It's perfectly fine to get points from his partner.