Common Law in BC

[rdk_estate]

Can two persons in BC be in a Common Law relationship if one of them is still married in Alberta. That person is separated from his spouse, but divorce has not been applied for, not has it been granted.

 

[scylla]

Yes - they can be common law.

 

[rdk_estate]

Yes - they can be common law.

I appreciate your reply. However, for legal reasons I would like to check the source of your knowledge. Please let me know with what qualifications (documents, etc.) you can make this statement. I have not been able to find such a source. Your help will be greatly appreciated.

 

[scylla]

I appreciate your reply. However, for legal reasons I would like to check the source of your knowledge. Please let me know with what qualifications (documents, etc.) you can make this statement. I have not been able to find such a source. Your help will be greatly appreciated.

From an immigration (CIC) perspective, you are common law once you have lived together for a full year continuously. There's no difference between provinces - it's a federal rule. You can still be married provided your marriage has broken apart and you are (obviously) no longer living with that person. We've had many people apply here as common law partners who are still technically married to others (but separated or in the process of getting a divorce).

 

[rdk_estate]

Yes - they can be common law.

To my above comment I should add that the reason for my question is that I had read in an online "document" something like this: "a common-law relationship can not exist if one member is still married and a legal divorce has not been granted". However, I have not been able to relocate that online instance.

 

[KBH]

I appreciate your reply. However, for legal reasons I would like to check the source of your knowledge. Please let me know with what qualifications (documents, etc.) you can make this statement. I have not been able to find such a source. Your help will be greatly appreciated.

Hi, please see this document, page 27, point 5.24

https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/ip/ip08-eng.pdf

 

[rdk_estate]

Thank you so much. This will help in my situation.

 

[Rob_TO]

To my above comment I should add that the reason for my question is that I had read in an online "document" something like this: "a common-law relationship can not exist if one member is still married and a legal divorce has not been granted". However, I have not been able to relocate that online instance.

This may be the Provincial rule around common-law, which has to do with family law legal rights of common-law partner after a separation (i.e. in dividing assets, spouse support, etc). These rules vary province to province as each has it's own family law rules (some require 3 years cohabitation, and some provinces don't even have common-law).

The immigration (and CRA tax) rules for common-law are Canada wide at the federal level. For immigration this definition is simply 1 year of cohabitation regardless if either party is married to someone else on paper still.