Confused!!

[Vishal wadhwa]

Hello everyone,





I’m seeking some guidance regarding a complicated situation and would really appreciate any insights from those who may have experienced something similar.





I have been in a common-law (living) relationship with my girlfriend for the past two years here in Canada. Prior to our relationship, she was married in India about three years ago. However, her husband left her shortly after the marriage. She had sponsored him to come to Canada, but they separated and she has been living with me since then.





She started the divorce process last year, but there have been no updates so far. At the moment, her work permit is also approaching its expiry date. We are considering getting married, but I want to understand the possible immigration implications before making any decisions.





My main concerns are:

• What are the chances of her permanent residency application being approved given her current situation?
• Could her previous sponsorship and ongoing divorce create complications in the process?
• If permanent residency is not immediately possible, would applying for a spousal open work permit or applying as common-law partners be a better option?

This is a very important, lifelong decision for me, so I want to make sure we proceed in the best possible way.





Any advice, experiences, or guidance would be greatly appreciated. Thank you in advance

 

[scylla]

You can get married until her divorce is finalized. If you get married before her divorce is finalized, Canada will not recognize your marriage.

If you have lived together continuously for at least one year and have evidence to prove it, you can sponsor her for PR as your common law partner.

Assuming you are a PR or Canadian citizen, the only way she can get an open work permit through you is if you also submit a sponsorship application.

 

[Buletruck]

You can get married until her divorce is finalized. If you get married before her divorce is finalized, Canada will not recognize your marriage.

If you have lived together continuously for at least one year and have evidence to prove it, you can sponsor her for PR as your common law partner.

Assuming you are a PR or Canadian citizen, the only way she can get an open work permit through you is if you also submit a sponsorship application.

I believe you mean "can't" get married.

 

[Mrayti]

Hello everyone,





I’m seeking some guidance regarding a complicated situation and would really appreciate any insights from those who may have experienced something similar.





I have been in a common-law (living) relationship with my girlfriend for the past two years here in Canada. Prior to our relationship, she was married in India about three years ago. However, her husband left her shortly after the marriage. She had sponsored him to come to Canada, but they separated and she has been living with me since then.





She started the divorce process last year, but there have been no updates so far. At the moment, her work permit is also approaching its expiry date. We are considering getting married, but I want to understand the possible immigration implications before making any decisions.





My main concerns are:

• What are the chances of her permanent residency application being approved given her current situation?
• Could her previous sponsorship and ongoing divorce create complications in the process?
• If permanent residency is not immediately possible, would applying for a spousal open work permit or applying as common-law partners be a better option?

This is a very important, lifelong decision for me, so I want to make sure we proceed in the best possible way.





Any advice, experiences, or guidance would be greatly appreciated. Thank you in advance

It's a little confusing. How did she sponsor her husband if she is not a PR or Canadian?

 

[YVR123]

It's a little confusing. How did she sponsor her husband if she is not a PR or Canadian?

She didn't sponsor her husband.

So many people used the term "sponsor" for applying with (e.g. SOWP application of spouse for study permit/work permit holders) or even putting in the letter of invitation for visitor visa.
None of those cases are actually under sponsorship nor have any signed undertaking.

 

[canuck78]

The other big issue is the timeframe. It is extremely unusual to live with a partner as soon as you start dating. Was her marriage in Canada? Did they ever live together in Canada? There could be concern that the 1st marriage and SOWP were obtained solely for immigration purposes. Is the ex spouse still in Canada?