Hello dear forum please share you advise regarding my query. I am a live in caregiver and is married back home. However, i met a Canadian man whom i fall in love with. To make it short, we are now living together for over a year now. My question is can we considered as common law husband and wife though i am still married to someone? will it affect my application for landed status? thanks
can we considered as common law partner?
- Thread starter annesky
- Start date
"Relationships that are not eligible
You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if:
* you are under 16 years of age
* you (or your sponsor) were married to someone else at the time of your marriage
* you have lived apart from your sponsor for at least one year and either you (or your sponsor) are the common-law or conjugal partner of another person
* your sponsor immigrated to Canada and, at the time they applied for permanent residence, you were a family member who should have been examined to see if you met immigration requirements, but you were not examined or
* your sponsor previously sponsored another spouse, common-law partner or conjugal partner, and three years have not passed since that person became a permanent resident. "
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp
You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if:
* you are under 16 years of age
* you (or your sponsor) were married to someone else at the time of your marriage
* you have lived apart from your sponsor for at least one year and either you (or your sponsor) are the common-law or conjugal partner of another person
* your sponsor immigrated to Canada and, at the time they applied for permanent residence, you were a family member who should have been examined to see if you met immigration requirements, but you were not examined or
* your sponsor previously sponsored another spouse, common-law partner or conjugal partner, and three years have not passed since that person became a permanent resident. "
http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp
Thanks for the reply. I am not after for to be sponsored by my Canadian boyfriend. I have a legal paper as live -in caregiver. Eventually, i will apply for my open permit and landed status on August. Since i have a live-in partner , would it affect my application as landed status considering that i am still married to someone back home ? Will it be a ground for the immigration officer to disqualify my application? please answer back. I will appreciate it very much. thanks
M
morepower
Guest
Do you want to get divorced from your current husband?
I think that that is the question u need to ask yourself.
I think that that is the question u need to ask yourself.
Annesky, sorry for the misunderstanding. It was late at night and I didn't read your question properly and mixed with the other answer. I know Live-in Caregivers can apply for permanent residence once they complete 24 months of work. 
Honestly, I don't know if it would disqualify your application. Since you are not to be sponsored by your partner, I don't think it would be a problem. But it is only a guess.
Good luck.
Honestly, I don't know if it would disqualify your application. Since you are not to be sponsored by your partner, I don't think it would be a problem. But it is only a guess.
Good luck.
M
morepower
Guest
@ Annesky:
I did not mean to judge in my reply. Sry! That's everyone's own business... But if u would think about it it(getting separated from ur husband and making ur new relationship official) there would be no question at all.
AND it sounded to me like there was a "sponsorship considered", b'cause u did not say anything about how to apply.
However, noone knows how u live with ur boyfriend. How will they decide if it is just a living agreement or a coomon law. And to tell them it up to u! If he shows up somewhere in ur application it could cause major problems.
I did not mean to judge in my reply. Sry! That's everyone's own business... But if u would think about it it(getting separated from ur husband and making ur new relationship official) there would be no question at all.
AND it sounded to me like there was a "sponsorship considered", b'cause u did not say anything about how to apply.
However, noone knows how u live with ur boyfriend. How will they decide if it is just a living agreement or a coomon law. And to tell them it up to u! If he shows up somewhere in ur application it could cause major problems.
It is not going to affect your status at all,
You are in Canada now and Common Law relationships are totally legal even if you are married to someone else whether it be in Canada or abroad.
CIC states this very clearly in their ops manual.
You met your partner in Canada and now are living with him as a common law partner.
Thousands of people in Canada live with a common law spouse and are still legally married to someone else.
I am sponsoring my common law spouse from the Philippines and she is married, there is no divorce in the Philippines. As long as we can show there is a separation between her and her husband and we have been together for 12 months we are fine.
You dont have such a problem, you are in Canada and common law is a legal relationship. You can also divorce your husband from Canada and marry your common law spouse if you like. It wont be legal in the Philippines but totally legal in Canada.
Hope this helps.
Regards,
Raymond.
You are in Canada now and Common Law relationships are totally legal even if you are married to someone else whether it be in Canada or abroad.
CIC states this very clearly in their ops manual.
You met your partner in Canada and now are living with him as a common law partner.
Thousands of people in Canada live with a common law spouse and are still legally married to someone else.
I am sponsoring my common law spouse from the Philippines and she is married, there is no divorce in the Philippines. As long as we can show there is a separation between her and her husband and we have been together for 12 months we are fine.
You dont have such a problem, you are in Canada and common law is a legal relationship. You can also divorce your husband from Canada and marry your common law spouse if you like. It wont be legal in the Philippines but totally legal in Canada.
Hope this helps.
Regards,
Raymond.