can i sponsor though not divorced and not legally separated?

[cooldude2011]

I was married 4 years ago and I sponsored my wife for PR. We have been separated (living apart with no contact) for 2 years. I have filed for divorce in Pakistan where we got married.

Now I have been cohabiting with my new partner in Pakistan for more than a year and I wish to get back to Canada and sponsor her for immigration under common law class.

First of all, am I allowed to sponsor her as I am not divorced from my first marriage nor a legal separation is in place? It is just that the divorce process is happening in the court and I am separated from my ex for more than 2 years. The divorce process is too slow and hence I want to apply immigration for my new partner under common law class...

 

[Jurjen]

CIC will see that you're still maried and trying to sponsor someone new. It will raise some red flags. You'll need to be very convincing why you couldn't have been divorced by now or can't wait a bit longer to have that finalized.

I would say: wait for Pakistan to finish your divorce demand before you start a new undertaking.

 

[chelley]

You should examine the success and precedence of common law applications from your visa office, but from an overall standpoint what you are planning on doing is perfectly acceptable... CIC/Canada views a couple as separated if there has been a breakdown in the relationship and the couple has not lived together for over a year, so by CIC standards you are legally separated... If you have been living with your partner for over a year you are able to apply as common-law spouse.. (providing you can demonstrate/prove this cohabitation)

Some cultures are a little more accepting of these types of situations, others may give you a harder time, technically you can do what you are doing and be within guidelines... Best to find out how the particular visa office handles these situations and proceed accordingly (might be that waiting for a divorce and remarrying is the less complicated route ? Not sure.)

 

[chelley]

Also should add that since this is your second sponsorship in 4 years, you may indeed be subject to a more stringent evaluation... Needn't mean you'd have to be divorced to qualify, but make sure your proof is strong and brace yourself for a more difficult road ahead

Also if you yourself are a PR, the timeline and development of this new relationship may make your PR status questionable due to time spent outside the country... Make sure to get back ASAP if you are approaching this threshold (2 of 5 years)... And be prepared to document all travels fully to show you haven't exceeded the limits, as it might come to that...

 

[rjessome]

The Undertaking for the first sponsorship is probably not completed yet if your first spouse landed as a PR in Canada. You cannot sponsor anyone until 3 years has passed since the date of landing.

 

[chelley]

The Undertaking for the first sponsorship is probably not completed yet if your first spouse landed as a PR in Canada. You cannot sponsor anyone until 3 years has passed since the date of landing.

Yes, good catch... I read the 4 years but that was the marriage and not the landing!

 

[cooldude2011]

Thanks guys.

It has been more than 3 years since my 1st wife landed as a PR. Also, I still qualify as a PR as I am very well within the 2/5 years time limit. No worries on those 2 aspects.

The only catch is in Pakistan there is no concept of no-fault divorce and hence the process is generally longer in case of a contested divorce - things like alimony, inquiries on the allegations charged are done to determine the real cause of divorce and settling things. Given the long queue in cases like mine, it is not going to happen fast. Also, my ex is demanding too much in terms of alimony and I can't afford as I am in huge debts including student loans. So, that is why I am not convinced of the divorce getting finalized soon.

What would you recommend me doing? Will I stand a good chance in qualifying as a sponsor under common law class?

 

[cooldude2011]

One more thing to add: Pakistan does not allow live-in relationship for a married person. So, I am at risk cohabiting with my new partner and that is the reason I want to find a way out to Canada soon with the common law application so that we can live together in Canada.

If I prove genuineness of our relationship and cohabitation, evidence of my first marriage being broken down (2+ years physical separation, proofs of the divorce process in court) and state that live-in relationship is not allowed in Pakistan for me as I am still married to some one else and that is the reason I cannot wait in Pakistan any more to get my divorce process finalized ---- will all these help my case and its success?

thanks

 

[canadianwoman]

It should be enough, except that for Pakistan common-law applications seem to be uncommon. It would be easier to wait for the divorce to go through and then get married - easier for immigration, of course, not necessarily easier to live with.
How long do you expect the divorce process to take?
Try applying under common law. Send in a lot of proof the relationship is genuine, and rock-solid proof that you cohabited long enough. Maybe add that you want the application to also be assessed under H&C considerations.

 

[cooldude2011]

This contested divorce will take at least 2 more years as the court process here is very different from that of Canada. Until then we are risking a live-in relationship that is not allowed. So, I am really constrained and emotionally drained.

My wife leaving me before 2 years made me undergo financial difficulties leading to a consumer proposal (i can sponsor for immigration doing this, have confirmed it) and lots of emotional stress. It is my new partner who has helped me recover emotionally and she is my life now. But with the divorce process getting delayed too much and the fact we are risking by living together makes us undergo enormous stress every day. For this simple reason I want to get my partner into Canada as soon as possible by sponsoring her.

Can I seek Human & Compassionate grounds for sponsoring her under the common law class? We have enough proofs of our relationship through our parents, friends, photos and also enough evidence of our cohabitation (rental receipts, bank accounts, joint purchases etc)?

I need some strong ideas before I get back to Canada and start the process rather risking ourselves in Pakistan. Thanks to this forum, look forward to your suggestions....

 

[chelley]

if your current living situation is "risky", do you have the required documentation/proof to support a commonlaw applicaiton (cosigned lease/mortgage? bills with both names? etc)

 

[cooldude2011]

yes we have cosigned a lease and again it is risky thou...all proofs for cohabitation and relationship are there...just want to know how strong my case will be...

 

[rjessome]

yes we have cosigned a lease and again it is risky thou...all proofs for cohabitation and relationship are there...just want to know how strong my case will be...

You are aware that as a PR, you have to be living IN Canada in order to sponsor your common-law spouse?

 

[visionquest]

Get cracking on that divorce. You can only have one spouse at a time. I know someone in the same situation and he ultimately got the divorce through a crafty lawyer in Toronto.