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Commitment or partnership ceremony question...

babynsx

Member
Feb 6, 2010
16
0
My situation is this:

I'm a Canadian who has worked much of the past 3 years in China and have been involved in a common-law relationship for the past 2 years.

However, I am also involved in a divorce proceedings in Canada which are now 2+ years and going with no end in site. I have just returned from a failed attempt to have my divorce granted which will likely mean another year wait until this is accomplished.

My new partner and I have patiently waited for this divorce to be granted so that we could have our wedding and now have an application in Process based on our common-law relationship in Hong Kong which will likely not see much forward movement until later this year.

Having waited so long our current wish is to conduct a "fake" wedding ceremony in her home town (in rural China) and sign a partnership agreement (much like a prenuptual agreement) and not register the ceremony with the government or sign any official paperwork that says we are married. We want to do this to satisfy her family and parents who are concerned about my commitment to the relationship. It would be my contention that this would be a commitment or partnership ceremony but involve all the local rituals

I would also want to consider updating the application file informing them that such a ceremony took place and the reasons why it wasn't a complete marriage ceremony. I understand that it would a very very BAD thing to attempt to marry her while still married in Canada; however, is there any risk that Immigration will consider this ceremony as a marriage even though it has not been registered? And if so what are the definable limits between a marriage ceremony and a commitment or partnership ceremony so that we know where to draw the line with our plans.

Thanks,
Doug
 

ColorMePanda

Hero Member
Sep 12, 2009
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If you have the proof of the common law relationship then I would just submit the application while being common law partner's. There have been a few people in your situation that have done this.

I don't recommend having a "fake" marriage. If anything I can see that causing more suspicion than applying common law while still legally married. Now someone can please correct me if I am wrong but it is my understanding that if you have been living separately from your spouse for a year, you are allowed to apply as common law. That is if the common law relationship wasn't the cause of the breakdown in the marriage.

Be sure too that with your application you include intent to reside in Canada once permanent residence is given. This can be proven with bank statements, house lease, apartment rental, job offer, letter from friends or family offering you both a place to stay while trying to get your feet off the ground.
 

babynsx

Member
Feb 6, 2010
16
0
Thanks for the reply... the purpose here is not to "fake" the marriage for immigration purposes but strickly to satisfy the peronal requirements of the family. My main concern is that a marriage "like" cerimony that is used to celebrate the relationship more than anything will be viewed as a more serious violation of the rules and cause real problems.

I believe we already qualify for the common-law relationship and this is not strictly being done to strengthen our application.

One thing you mentioned that has me slightly concerned is that while I was seperated from my former spouse prior to starting the common-law part of my new relationship I met my new partner prior to my seperation. Is it then reasonable for them to reject this application simply because of that?

Thanks again...