Provincial law vs Immigration law for common law partners

[cooldude2011]

Hi,
Please clarify this for me.

Sponsor is legally married but separated for 2 years. Immigration law allows the sponsor to sponsor his/her new partner under the common-law partner class provided they have met the cohabitation requirements and also the sponsor’s marriage is broken down. Just want to know, how the Confirmation of Permanent Residence will address the marital status of both the partners? Will they be addressed common law spouses? (Provincial laws and federal law does not allow a couple to claim themselves as common law partners until they both are not married to someone else and only the immigration law recognizes a common-law relationship even if they are married to someone else) If not, will it be a Single status?

 

[nezya]

Hi,
Please clarify this for me.

Sponsor is legally married but separated for 2 years. Immigration law allows the sponsor to sponsor his/her new partner under the common-law partner class provided they have met the cohabitation requirements and also the sponsor's marriage is broken down. Just want to know, how the Confirmation of Permanent Residence will address the marital status of both the partners? Will they be addressed common law spouses? (Provincial laws and federal law does not allow a couple to claim themselves as common law partners until they both are not married to someone else and only the immigration law recognizes a common-law relationship even if they are married to someone else) If not, will it be a Single status?

If you are living together for 12 mos. you're present status will be common-law partner.

 

[RobsLuv]

Be careful about assuming that immigration law allows the sponsor to be married to someone else. If you read through Section 5.49 of the OP2 processing manual, you'll see it only answers the question: "What happens if the principle applicant is married to someone else?" I've never been able to find anywhere in the IRPA or Regulations where it states one way or the other whether the sponsor can be legally married to someone else and still be a qualified common-law partner.

 

[ariannecat]

hi robsluv, i have same situation, my partner(sponsor) was married here in philippines, theyve been separated, my sponsor was apporve to sponsor me, we submitted separation agreement, there is no divorce in philippines, does it mean that even hes already aprove, something myt stil go wrong because he was married?