Need help with my situation??? - Thanks in advance

[boxerpack]

Hi,
My case is as follows: I sponsored my spouse 4 years ago. We got separated 3 years ago and the divorce process has been happening in the court for quite some time... It is taking too much time and I do not see an immediate end. Meanwhile, I have been in a relationship with my new partner. We cohabited in Singapore for more than a year as it was easy for me to enter her country rather the other way. Now, I am being sent by my Singapore employer to Canada for 1 year contract. Given the fact that I am yet to be divorced from my ex, will I stand a good chance in getting my new partner immigrate to Canada?

If yes, which class would be advisable - common law or conjugal? Or should I wait for divorce to go thro (which may happen in 1 year from now or may get delayed as ex is troublesome) and then apply for her sponsorship? My new partner is pregnant - 1 month old and hence we want to settle in here in Canada peacefully...

 

[parker24]

Sorry to say, but your divorce needs to be final before you can sponsor her

 

[boxerpack]

Okay, in that case one question. Once I am divorced, is it mandatory to marry my new partner and apply as spouse or can I sponsor her under common law class?

 

[parker24]

Okay, in that case one question. Once I am divorced, is it mandatory to marry my new partner and apply as spouse or can I sponsor her under common law class?

In order to be common-law you need to be living together for at least one year consistently. If that's the case with you, then yes you can apply as common-law! There's no need to marry her.

 

[boxerpack]

Thanks Parker. But I have a doubt. The manual says that the principal applicant who is sponsored under the common law class can be marrried to someone else while being sponsored. All that is needed is that his/her marriageshould have been broken down - atleast a year of separation from the married spouse and proofs of the same are to be provided along with the immigration application.

Isn't that applicable to the sponsor also as in my case? I know many have asked this before but I have been getting different answers...

 

[scylla]

Thanks Parker. But I have a doubt. The manual says that the principal applicant who is sponsored under the common law class can be marrried to someone else while being sponsored. All that is needed is that his/her marriageshould have been broken down - atleast a year of separation from the married spouse and proofs of the same are to be provided along with the immigration application.

Isn't that applicable to the sponsor also as in my case? I know many have asked this before but I have been getting different answers...

Yes - it's applicable to you. You can in fact stil be technically married and still sponsor someone else common law. However you do need to include proof that your marriage has broken down and preferably evidence that you have filed for divorce.

 

[boxerpack]

Thanks scylla. Sorry to bother you.

As I said I have been getting both positive and negative answers to my case. I do have the proofs of my marriage breakdown - legal documents (petitions, answers, counseling letters, also my ex left Canada 2 years back and has not returned since then). also, i have enough proofs of my common law. me and my new partner cohabited in singapore for more than a year. she is pregnant also. so, with all these proofs, will i stand a good chance generally? i know it depends...

should i take services of an immigration lawyer now (they quote high fee and i have been there before - i can prepare app on my own, except that this time it is a complex case)...

plz guide for me to get started...thanks a lot

 

[canadianwoman]

You could apply common law. If you have really good evidence you lived together for one year - such as a lease or mortgage in both names, both names on the utility bills, mail addressed to both of you at the same address, etc., then you should be successful.
You'll also need a lot of evidence your marriage is over, which you seem to have.
Could she come visit you in Canada and stay for several months? She would be visiting, but it would allow you to continue to live together. Because I am afraid she won't have the PR visa before giving birth.

 

[newlife23]

I got my PR approved even I though my divorce is not through yet. In your letter which you will be attaching with your application, explain honestly in details the situation you are in and why you are not divorced. I wrote in simple english and believe me they are able to detect if it is genuine or not. And I wasn't even called in for an interview as my letter to them said it all. Good luck in your application

 

[boxerpack]

hi newlife,
i understand your case. but in my case it is me the sponsor who is not yet divorced. how are the chances?

others also, plz feel free to answer