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Author Topic: common law union question  (Read 492 times)
whitepin
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Posts: 2
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« on: January 25, 2011, 11:40:42 pm »

Hi Everyone..hope someone reading this which has the same situation or have a knowledge with my situation
could help me out..Im here in Canada as a skilled worker.I met somebody here and we did enter into a common-
law relationship for more than a year.Her contract has ended and so she has to go home.Im planning to bring her back here.thru some
immigration channel(e.g.AINP,FSW)..the only problem is im legally married back at home,but even before i came here
we(with the ex wife) werent in good terms already.
I went for an atty advice and he said ..we could do an uncontested divorce to sever the marriage,but on my own
understanding..isnt it that uncontested divorce is just acknowledged in here but not on some conservative countries.
such as the Philippines?my question now is:

   1.If I file uncontested divorce here would the Canadian Embassy in the philippines acknowledge it?
   2.Can I declare my commonlaw gf as a my common law spouse and bring here here thru FSW?

Thank You All for taking time..and  a swift response is appreciated.. Smiley
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Leon
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Posts: 13691
Ratings: +571

« Reply #1 on: January 26, 2011, 12:30:35 am »

You can qualify as a common law even if you are still legally married to other people.  If you are on a skilled work permit, you can fill out a declaration of common law relationship and apply to change her status to open work permit based on your work permit.  When you apply for PR, you can include her in your application.  You will have to prove that you have been living together for 12 months.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
whitepin
Newbie
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Posts: 2
Ratings: +0

« Reply #2 on: January 26, 2011, 12:10:40 pm »

thank you leon for your response..could you help me out or anybody reading this again to clarify some queeries i still
have.In that case all i need is just to fill up the statury declaration form,have my commonlaw partner sign it and where
shall i have it authenticated? because it says there in the form to have  a commisioner sign it right?before she went back home last year
we went to a registry and asked where we could find some one who could sign it..according to them (the registry)
they dont do it and that we as commonlaw couples dont need it(I guess we asked a wrong person)and so my partner went back
home without the form filled up.We do have some evidence of our relationship(e.g pictures of our trips together,remittances,
letters,we also bought a property under both of our names.

  My other questions are:
   1.If im going to file a temporary worker skilled spousal benefit,would the immigration in the Philippines
      acknowledge my partner as my commonlaw spouse?as long as i have evidence of our relationship right?
   2.Im going to file an uncontested divorce here,would the Canadian embassy  back at home acknowledge it?
      Im just anxious because one of their requiments is CENOMAR(certificate of no Marriage) i am just worried that it might
      affect my papers.

  Thank you again..I just want my partner to be back here with me asap,life is so depressing without somebody you love on your side..any reccomendations as TO which steps to take is highly appreciated...GOD bless...
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Leon
VIP Member
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Posts: 13691
Ratings: +571

« Reply #3 on: January 26, 2011, 12:38:24 pm »

Go to another registry until you find somebody who will sign your form.  Tell them you need it for immigration purposes.

I don't see why they Canadian embassy in your homeland would not accept your common law partnership if immigration in Canada will accept it.  The embassy in your homeland is a branch of Canadian government and must follow the same policies.  I am not sure what you need a certificate of no marriage for.
Logged

PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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