in-canada sponsorship eligibility

[amina]

Hi, I have been living with my husband for almost 1 year, we are not married legally yet cos he is still processing his divorce with his ex. in June he will sponsor me but we r doubt about his eligibility cos his divorce not final yet, still in process. and he doesnt get court order yet about child support of his son who live with his ex, all this time he give money as much as he can to support his son to his ex by cash not by money transfer so he doesnt have proof that he support his child. He also doesnt have a full time job, he just work as part time job, so he has less in financial. what my question is he eligible to sponsor me with his condition like that? I really scare if he is not eligible than what i have to do? i dont want we separate cos immigration barrier, we love each other.

[Regina]

He cannot sponsor you if you are not married.

[amina]

Can he sponsor me as common law partner?

[Regina]

Also not. He is not divorced. That is the problem for sponsoring.

[amina]

But I read in in canada application guide page 6, that state you may not sponsor your common law partner if either of you is legally married to someone else, unless you have lived apart from that spouse for at least i year, and my husband have lived a part with his ex for  more than 2 years. do you think he still cannot sponsor me?

[Gdaymate]

Hi Amina

Quoted from the immigration guide:

"Whom may I not sponsor?
You may not sponsor your common-law partner if:
• You have lived apart from him or her for at least one (1) year and you or he or she is in a
common-law relationship with another person.
• Either of you is legally married to someone else, unless you have lived apart from that
spouse for at least one year."

So as long as your partner has been living apart from his ex-wife for at least one year (which presumably he must have done since he's been living with you for almost a year!) he will be able to sponsor you.