Spousal Sponsorship

[just random]

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]

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. It also takes a while so if you have already lived together 12 months, you don't need to wait to apply. You should include a letter of explanation that you are long separated from your spouse but were not able to dvorce him, and you intend to do so in future (and if you plan to get married after that).

 

[YVR123]

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

You can be sponsored as a common law partner.
I hope that you did not get married while you were still married to your previous spouse. Your current partner is not officially your husband. So make sure that in your application, do not say he is your "present husband". He is your common law partner and provide proof that you lived together for at least 12 months continually in a "married like" relationship. There is no requirement to be "separated for 12 months" with pervious partner/spouse.

The separated for 12 months is for application for a divorce in most of the Canadian provinces.

 

[canuck78]

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

If you received any form of benefit through your spouse before you were common law because you presented proof of marriage while you were not actually legally married that could also be problematic. Other issue is you may be out of status at this point what happened to your asylum claim?

 

[just random]

If you received any form of benefit through your spouse before you were common law because you presented proof of marriage while you were not actually legally married that could also be problematic. Other issue is you may be out of status at this point what happened to your asylum claim?

I am still well within my legal status, and no I never received any type of benefits through anyone and have always been gainfully employed while in Canada, and I am pregnant with my present partner's child now. any further help will be really appreciated, I have following questions.
1) I registered marriage in Canada and submitted the marriage certificate to government, is that going to be a problem when I go for common law ?
2) I have a separation document from India that was done at the time of separation but I was unable to obtain a proper divorce would that document be of any use? its properly entered in police station with all the stamps and signs on it

 

[just random]

You can be sponsored as a common law partner.
I hope that you did not get married while you were still married to your previous spouse. Your current partner is not officially your husband. So make sure that in your application, do not say he is your "present husband". He is your common law partner and provide proof that you lived together for at least 12 months continually in a "married like" relationship. There is no requirement to be "separated for 12 months" with pervious partner/spouse.

The separated for 12 months is for application for a divorce in most of the Canadian provinces.

I did register marriage with the present partner and submitted the certificate to the IRCC would that be a problem ?

 

[canuck78]

I am still well within my legal status, and no I never received any type of benefits through anyone and have always been gainfully employed while in Canada, and I am pregnant with my present partner's child now. any further help will be really appreciated, I have following questions.
1) I registered marriage in Canada and submitted the marriage certificate to government, is that going to be a problem when I go for common law ?
2) I have a separation document from India that was done at the time of separation but I was unable to obtain a proper divorce would that document be of any use? its properly entered in police station with all the stamps and signs on it

Benefits include tax credits and various payments not just social assistance. These payments vary based on your family type. Whether you declared yourself as married when we’re not legally able to get married to CRA would be a problem for example. What is happening to your asylum claim because I assume that is how you are still in Canada legally?

 

[justrandom]

Benefits include tax credits and various payments not just social assistance. These payments vary based on your family type. Whether you declared yourself as married when we’re not legally able to get married to CRA would be a problem for example. What is happening to your asylum claim because I assume that is how you are still in Canada legally?

I didn't get any penny of any sort from him and i am still awaiting my hearing date for assylum claim. Also i am pregnant at the moment would that help support my common law ?

 

[canuck78]

I didn't get any penny of any sort from him and i am still awaiting my hearing date for assylum claim. Also i am pregnant at the moment would that help support my common law ?

It has nothing to do with your partner but about how people receive non-welfare benefits/payments from the government. Being pregnant doesn’t impact whether or not you have lived with someone for a continuous year.

 

[justrandom]

It has nothing to do with your partner but about how people receive non-welfare benefits/payments from the government. Being pregnant doesn’t impact whether or not you have lived with someone for a continuous year.

I have not taken anything from government eithet, i have always been full time employed

 

[canuck78]

I have not taken anything from government eithet, i have always been full time employed

You don’t seem to understand that you automatically get these benefits/credits but they dependent on things like family composition.