I have been living with my common-law spouse for nearly 2 years now, with our seven month old child and another child on the way. She originally came to Canada from Hong Kong on a caregiver's visa through the agency featured in the Toronto Star (Rakela Care International). Like many of the other nannies who came through this agency, when she arrived she found that her employer already had a nanny already and she had no employer. After several months here she moved in with me and we have been living together ever since. She briefly worked for another employer, and then got pregnant.
Needless to say she doesn't have the requisite amount of months employed as a live-in caregiver to satisfy the requirements of the Caregiver Program.
As we have our life together I would like to sponsor her through the Family Class. I would gladly sponsor her as my spouse however we are unable to get married as of yet as I am currently only legally separated (for four years) and am still working on the divorce. I have read the common-law petition of the Family Class and we satisfy the criteria of cohabiting for a minimum of a year; we share a child, bank account, and she is listed on my work benefits as my common-law spouse. All of her government papers list our address. We wear rings and everyone knows her as my wife/us as married.
My questions are:
1. Does my being legally separated affect qualifying for common-law status (meaning do I need to be divorced first)?
2. Are there any issues/big issues with me petitioning her under family class, considering she came here through the Caregiver Program?
3. Is it better for me to attempt to get the divorce and subsequent marriage completed and sponsor as a spouse?
4. How does the common-law spouse application work considering we are common-law in Canada versus being common-law outside of Canada?
As this affects all of our lives, dramatically, I don't want to make a mistake and have my family broken up. I have done a bunch of searching but have not found a lot of information regarding this type of situation; however I am certain that this is not the first situation like this.
Any advice would be greatly appreciated. Thanks in advance!
Best regards,
Greg
Needless to say she doesn't have the requisite amount of months employed as a live-in caregiver to satisfy the requirements of the Caregiver Program.
As we have our life together I would like to sponsor her through the Family Class. I would gladly sponsor her as my spouse however we are unable to get married as of yet as I am currently only legally separated (for four years) and am still working on the divorce. I have read the common-law petition of the Family Class and we satisfy the criteria of cohabiting for a minimum of a year; we share a child, bank account, and she is listed on my work benefits as my common-law spouse. All of her government papers list our address. We wear rings and everyone knows her as my wife/us as married.
My questions are:
1. Does my being legally separated affect qualifying for common-law status (meaning do I need to be divorced first)?
2. Are there any issues/big issues with me petitioning her under family class, considering she came here through the Caregiver Program?
3. Is it better for me to attempt to get the divorce and subsequent marriage completed and sponsor as a spouse?
4. How does the common-law spouse application work considering we are common-law in Canada versus being common-law outside of Canada?
As this affects all of our lives, dramatically, I don't want to make a mistake and have my family broken up. I have done a bunch of searching but have not found a lot of information regarding this type of situation; however I am certain that this is not the first situation like this.
Any advice would be greatly appreciated. Thanks in advance!
Best regards,
Greg