Need help for common law application 2013

[godisgreat4all]

Hi All,

My common law partner is about to sponsor me this year. We live together for continuous 16 months till last year July. Now i am in India and she is in Canada. But she is separated from her ex husband for 6 years. They got married 7 years back in Pakistan.

So as a proof of her separation we are going to produce a separation declaration form of service Canada signed by commisioner of oath.

That is what we have. So my question is the separation declaration form of service canada will be enough to proove the separation. As per my thinking it is ok.

Please share your thoughts, it is very urgent.

 

[computergeek]

Hi All,

My common law partner is about to sponsor me this year. We live together for continuous 16 months till last year July. Now i am in India and she is in Canada. But she is separated from her ex husband for 6 years. They got married 7 years back in Pakistan.

So as a proof of her separation we are going to produce a separation declaration form of service Canada signed by commisioner of oath.

That is what we have. So my question is the separation declaration form of service canada will be enough to proove the separation. As per my thinking it is ok.

Please share your thoughts, it is very urgent.

I'd expect that to be sufficient.

Good luck!

 

[Rob_TO]

Will the ex-husband also be signing the declaration? That would probably give it a lot more weight, and would probably satisfy the requirement.

You can read some info here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

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).

If you want to include more documents and the divorce happened in Pakistan read section 5.33 - Legality of Foreign Divorces. This is more important if you are applying as a married couple though, not so much for common-law.

 

[godisgreat4all]

Thank you all for your reply and most valuable comments.