Conjugal Partner Sponsorship?

[agestabrooks]

Hi all,

I have a really specific situation that I can't seem to find concrete answers for elsewhere! My partner and I have been dating for a little over a year. I live in Canada and he lives in the USA. He would like to move here sooner than later and we would like to get married eventually. The only delay is that I am still in the process of divorcing my ex-husband. I've been reading a lot of conflicting information on whether or not I can be a conjugal partner sponsor for my partner if I am still married. We are unable to get married because of it, but I've also seen that I need to provide proof of divorce before sponsoring? I'm just curious if anyone has any insight into this specific situation! Thanks.

 

[scylla]

Hi all,

I have a really specific situation that I can't seem to find concrete answers for elsewhere! My partner and I have been dating for a little over a year. I live in Canada and he lives in the USA. He would like to move here sooner than later and we would like to get married eventually. The only delay is that I am still in the process of divorcing my ex-husband. I've been reading a lot of conflicting information on whether or not I can be a conjugal partner sponsor for my partner if I am still married. We are unable to get married because of it, but I've also seen that I need to provide proof of divorce before sponsoring? I'm just curious if anyone has any insight into this specific situation! Thanks.

Conjugal almost certainly won't be possible. Is your partner American?

 

[agestabrooks]

Conjugal almost certainly won't be possible. Is your partner American?

Yes, he is American.

 

[scylla]

Yes, he is American.

Conjugal is pretty much guaranteed to fail since you face no real immigration barriers to becoming common law. Either finalize the divorce, get married and then apply - or live together continuously for one full year to qualify as common law and then apply.

 

[agestabrooks]

Conjugal is pretty much guaranteed to fail since you face no real immigration barriers to becoming common law. Either finalize the divorce, get married and then apply - or live together continuously for one full year to qualify as common law and then apply.

Are there ways to live together for an entire year? I get so confused by these kinds of things. Sorry for these questions. I thought he could only be here for maybe 6 months at a time?

 

[scylla]

Are there ways to live together for an entire year? I get so confused by these kinds of things. Sorry for these questions. I thought he could only be here for maybe 6 months at a time?

Yes, he can enter Canada as a tourist for the default six months and then apply for an extension from within Canada to be able to achieve the one year of continuous cohabitation. Note that he won't be able to work during time time unless he manages to qualify for a work permit separately. He also won't be covered under provincial health care.

 

[agestabrooks]

Yes, he can enter Canada as a tourist for the default six months and then apply for an extension from within Canada to be able to achieve the one year of continuous cohabitation. Note that he won't be able to work during time time unless he manages to qualify for a work permit separately. He also won't be covered under provincial health care.

Thank-you!

 

[Ponga]

Are there ways to live together for an entire year? I get so confused by these kinds of things. Sorry for these questions. I thought he could only be here for maybe 6 months at a time?

https://www.canada.ca/en/immigratio...esidents/visitors/dual-intent-applicants.html

As mentioned, he can come to Canada as a visitor, per CBSA approval, then apply to extend his stay in hopes of either reaching common-law. He would then submit the spousal sponsorship application. This is known as`Dual Intent'.

He could work in Canada as a visitor but NOT for a Canadian company, or another Canadian and would need to work remotely via the internet, He would have to be remunerated from outside of Canada as well.

Regarding sponsoring someone while being married to someone else:
https://www.canada.ca/en/immigratio...lass-determining-spouse/assessing-common.html