common law for caregiver

[graceyli1]

Hi I'm a live in caregiver,just want to ask if I can sponsor my common law even if he's married but long time separated to his ex wife?they don't have a child.I myself have 3kids but not married.I just want to prepare because next year I will apply for permanent residency here in Canada.they are not legally separated but they don't have communication at all since they were separated for more than 4yrs.now..can somebody give me advice what's the best thing to do or what preparation should I need?thanks n advance

 

[keesio]

Hi I'm a live in caregiver,just want to ask if I can sponsor my common law even if he's married but long time separated to his ex wife?they don't have a child.I myself have 3kids but not married.I just want to prepare because next year I will apply for permanent residency here in Canada.they are not legally separated but they don't have communication at all since they were separated for more than 4yrs.now..can somebody give me advice what's the best thing to do or what preparation should I need?thanks n advance

Why hasn't your partner gotten a divorce? You may want to wait until he officially divorces his wife to avoid any issues with CIC. Unless your partner got married in the Philippines (which does not recognize divorce I think).

 

[Panamai]

Yes, the reasoning as to why he has not legally separated or divorced is very important here. I'm pretty sure common law counts only if the person has been living apart from their spouse for at least a year before moving in with the current partner (though I could be wrong, you might want to look this up). My partner was not divorced when we moved in together either, but they had been legally separated for over 3 years. They had not divorced yet because of the extra paperwork filing and expense. All the details and child custody were worked out in the separation agreement.

 

[novembre2013]

yes, I agree with you.
In the document checklist, it is mentionned : divorce certificate or separation certificate