darookie said:
I got married in the philippines to a Filipino canadian citizen and she sponsored me to Canada. We have a daughter but unfortunately we got separated last 2009. Iam now a Canadian citizen and had file separated since 2010 in my tax returns. Im now living with somebody for almost 2 years now but we're afraid to file common law since Im still married to my first wife and she doesn't want to file divorce.
my questions are:
can i be in a common law status while im still married to my first wife? ( marriage took place in the philippines)
Yes, technically you can. As I understand it, it requires a breakdown in your previous relationship. If you have been separated for 3 years that would qualify.
I'm curious: do YOU want a divorce? Just because your spouse does not is not an impediment to you obtaining a divorce in Canada. You already have the one year separation, so you could file for divorce and even if you spouse does not WANT the divorce, it's immaterial - there's a demonstrated breakdown in the relationship.
darookie said:
can i sponsor my common law partner for her to be a permanent resident? (partner is a live in caregiver and already submitted her PR application but its taking so long)
When did you obtain permanent residency? There is this new five-year bar for sponsorship (and I'm fuzzy on the details, but I believe it applies to all new sponsorship applications.)
darookie said:
can my ex wife sue me for having a common law partner even if we are already separated for 3 years now? (ex wife decided the split up and have someone else)
Well, technically she could sue you for any reason, but in your case the only thing for which she could reasonably sue would be divorce, which you've said she doesn't want. And with a year separation behind you, she couldn't argue anything other than irreconciliable breakdown.
darookie said:
can me and my current partner have a child? (legal matters concerning us)
Legally, yes. Marriage is not an issue with respect to procreation from a legal perspective.