sponsoring common-law's divorce not yet granted

[yuri]

Hello,

i have a common-law and is willing to sponsor me. I am on a work permit and will expire by end of 2011.

my problem is, his divorce is not yet granted although they have been separated for over a year now. he also sponsored his ex 4 years ago.. their marriage ended on ireconcilable differences which is also hampering the approval of their divorce. can he still sponsor me??? our relationship was founded in good faith.... thanks..

[RobsLuv]

His "undertaking" for the previous sponsorship must be satisfied before he is eligible to sponsor a new partner - so that needs to be looked into.  It's typically three years from the date of landing. 

Because he sponsored the previous partner relatively recently, and then the relationship broke down and he got into relationship with you . . . and now he's looking to sponsor you . . . they may scrutinize your application more carefully.  As far as the divorce not being granted - that's a tough one.  The processing manuals talk about applicants being able to be considered common-law partners even while still legally married to someone else as long as they can show that they've been living separate and apart from the previous partner for at least one year - but CIC is not specific about whether this also applies to sponsors.

[angelbrat]

My sponsor is married.....he was separated from his wife before he met me. Fortunately, because there were kids involved he did have a legal separation notice.

Even so, we filed our application under common law and I got my PR Inland in less than 8 months.

If the sponsor is still married, can prove separation was before cohabiting with a new partner, then it appears there is no problem for being approved.

But CIC moves in mysterious ways, so please do not take my answer as gospel. I can only tell you what happened to me personally.

Good Luck

[Baloo]

His "undertaking" for the previous sponsorship must be satisfied before he is eligible to sponsor a new partner - so that needs to be looked into.  It's typically three years from the date of landing. 

Be aware that some older agreements were for ten years.

[rjessome]

Be aware that some older agreements were for ten years.

Yes, anyone sponsored prior to 2004.

And yes, he can sponsor you even though he is not divorced from his previous wife as long as you meet the requirements of a common-law relationship per CIC.

[charlene0614]

hi, i have similar case but it is me who's still married,(we are separated for almost 2 1/2 years now)but my new partner and i are having a kid on june, i wonder if my canadian boyfriend can sponsor me as common law even i am still married with my ex-husband? i am under twp, and it'll be burn by july, i am wondering what is the step i should take, any advice will very much appreciated.tnx

[rjessome]

hi, i have similar case but it is me who's still married,(we are separated for almost 2 1/2 years now)but my new partner and i are having a kid on june, i wonder if my canadian boyfriend can sponsor me as common law even i am still married with my ex-husband? i am under twp, and it'll be burn by july, i am wondering what is the step i should take, any advice will very much appreciated.tnx

If you and your boyfriend have been living together for 12 consecutive months, then yes, he could sponsor you as a common-law partner.

[shakeela]

you guys can apply as conjugal partners