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Spousal Sponsorship

just random

Newbie
Oct 17, 2024
1
0
I was married in India, and got separated and due to domestic violence I could not obtain divorce certificate from India and fled the country and came to Canada and applied for asylum. I met my husband here and got married but as I was unable to obtain and produce divorce certificate IRCC refused my spousal application. Since I was fleeing the situation from my husband and was unable to obtain a divorce certificate is there any way I can prove legitimacy of my present relation with my husband ?
Or can I re apply as common law as the requirement is you only have to be living together for 12 months and been separated for 12 months, also I am pregnant with my present husband's child.
Any information would be appriciated.
Thank you
 

armoured

VIP Member
Feb 1, 2015
16,901
8,643
If you have been living together 12 months, yes, you can apply as common law. You will need to show you are living together with documentation.

Fyi you can apply from within Canada to divorce your ex in India using Canadian courts. The way to do so is a bit specific when the ex resides abroad and details matter, so not as important as the spousal sponsorship.