Seniors Please comment

[gopa147]

Can a canadian citizen (who is currently outside canada) be in any sort of legal issues on his return to canada, if he enters into a common law outside canada with a girl (even girl currently stays outside canada) as he is not legally divorced as per canadian law with his earler wife though divorced as per their religion (even his wife stays overseas and marriage took place outside canada)? Earlier wife already having PR status by virtue of the marriage.

Will the child born out of this common law relationship be granted canadian citizenship if born outside canada or immigration can object that the father is not legally divorced as per canadian law and any child born out of such common law relationship can not obtain canadian citizenship?

Thanks
Gopa

 

[RajaJi]

Can a canadian citizen (who is currently outside canada) be in any sort of legal issues on his return to canada, if he enters into a common law outside canada with a girl (even girl currently stays outside canada) as he is not legally divorced as per canadian law with his earler wife though divorced as per their religion (even his wife stays overseas and marriage took place outside canada)? Earlier wife already having PR status by virtue of the marriage.

Will the child born out of this common law relationship be granted canadian citizenship if born outside canada or immigration can object that the father is not legally divorced as per canadian law and any child born out of such common law relationship can not obtain canadian citizenship?

Thanks
Gopa

A person can be in a new Common Law Relationship with another person even if (s)he has not divorced previous spouse. S(He) must have lived with a new partner for a minimum of one year. S(He) will also need to provide a proof of divorce from previous spouse or proof of separation (for one year) from previous spouse or Common Law Partner.

You must not be behind on any support/alimony payments to your current spouse with whom your divorce has not been finalized yet. There are also some restrictions for sponsoring another spouse or common law partner, if you have previously sponsored another person in the same category.

I think if both of you have a Child together that Child will also need to be sponsored along with your Common Law Partner.

Other knowledgeable members on this forum may be able to guide you better.

 

[Panamai]

If you are indeed a Canadian citizen and the child is yours, it is not eligible to be sponsored, it would be considered a citizen.

 

[Rob_TO]

The citizenship of child, has absolutely nothing to do with marital status of Canadian citizen parent.

A Canadian citizen can have a child with anyone they want, whether through marriage, common-law, an affair, whatever... only thing that's important is if parent is qualified to pass on citizenship (based on how they got their own citizenship). As long as they qualify, then child will be a Canadian.

 

[RajaJi]

Below is a link for a Guide for "Sponsorship of a spouse, Common-law Partner, Conjugal Partner, or dependent child living outside Canada"

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

 

[qwerty1]

A person can be in a new Common Law Relationship with another person even if (s)he has not divorced previous spouse. S(He) must have lived with a new partner for a minimum of one year. S(He) will also need to provide a proof of divorce from previous spouse or proof of separation (for one year) from previous spouse or Common Law Partner.

You must not be behind on any support/alimony payments to your current spouse with whom your divorce has not been finalized yet. There are also some restrictions for sponsoring another spouse or common law partner, if you have previously sponsored another person in the same category.

I think if both of you have a Child together that Child will also need to be sponsored along with your Common Law Partner.

Other knowledgeable members on this forum may be able to guide you better.



Thanks for the info,just need a clarification :

You mentioned
A person can be in a new Common Law Relationship with another person even if (s)he has not divorced previous spouse.
and u also mentioned further:

S(He) will also need to provide a proof of divorce from previous spouse.

Just getting lil confused with the two statements,please clarify.

 

[RajaJi]

You need to provide proof of divorce OR Proof of separation...

If you are divorced then that will be your proof that previous relationship has ended.
If you are not divorced then you will need to provide a proof that you are legally separated from your spouse.

 

[Rob_TO]

Read 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).

 

[qwerty1]

Read here:
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).

Thanks for the info.