how to prove that you are separated from your wife for 5 years?

[jomarcabiles]

hi guys,,,i am in a m2m commonlaw relationship right now and we are preparing all the docs that we need for the sponsorship.but my partner has never been divorced from his exwife but have been separated for 5 years now,,her exwife lives in nova scotia and he lives in grand prairie for 3 years and then move to edmonton 2009 and thats the time we met,
now my question is how do u prove that you are separated from your spouse,,im confuse because one the documents requirement in the checklist is a sparation cerftificate and he doesnt have that,,well we have the income tax showing that we have filed together already back in 2009 to 2011.
has anybody of you here had the same situation and was able to go through..

thanx

 

[nezya]

hi guys,,,i am in a m2m commonlaw relationship right now and we are preparing all the docs that we need for the sponsorship.but my partner has never been divorced from his exwife but have been separated for 5 years now,,her exwife lives in nova scotia and he lives in grand prairie for 3 years and then move to edmonton 2009 and thats the time we met,
now my question is how do u prove that you are separated from your spouse,,im confuse because one the documents requirement in the checklist is a sparation cerftificate and he doesnt have that,,well we have the income tax showing that we have filed together already back in 2009 to 2011.
has anybody of you here had the same situation and was able to go through..

thanx

try to search this in google form IMM 5491 document checklist

 

[jomarcabiles]

sorry but everything is still not clear to me....

 

[parker24]

sorry but everything is still not clear to me....

You're applying as common law correct? I'm not 100% sure, but I think he needs a divorce certificate. I KNOW he would need it if you two are married or planning to get married, but not sure with Common Law.

 

[PMM]

Hi

You're applying as common law correct? I'm not 100% sure, but I think he needs a divorce certificate. I KNOW he would need it if you two are married or planning to get married, but not sure with Common Law.

1. He doesn't need a divorce certificate, if he isn't divorced.
2. He needs to complete Question 17 on the sponsorship questionnaire http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF

 

[jomarcabiles]

hi pmm..
so meaning we dont have to be divorced right?all we have to prove is that our relationship is genuine and that he has been separated for 5 years with his wife,,am i correct?

 

[Rob_TO]

You can find some info on exactly this situation here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

5.38. What happens if the common-law partner (principal applicant) is married to another person?

Persons who are married to third parties may be considered common-law partners provided their
marriage has broken down and they have lived separate and apart from the spouse for long
enough to establish a common-law relationship – at least one year. In this case they must have
cohabited in a conjugal relationship with the common-law partner for at least one year.
Cohabitation with a common-law partner cannot be considered to have started until a physical
separation from the spouse has occurred. A common-law relationship cannot be legally
established if one or both parties continue their marital relationships.

Officers must be satisfied that a principal applicant is separated from and no longer cohabits with
a legal spouse. This evidence may be in the form of a signed formal declaration that the marriage
has ended and that the person has entered into a common-law relationship. An officer may
require that the person produce other written evidence of a formal separation or of a breakdown of
the marriage. Acceptable documents include a separation agreement, a court order in respect of
custody of children identifying the fact of the marriage breakdown, documents removing the
legally married spouse(s) from insurance policies or will as beneficiaries (a “change of beneficiary”
form).

In the above circumstances, the legal spouse of the principal applicant need not be examined and
will not be considered a member of the family class if the applicant later attempts to sponsor this
spouse. [See R117(9)(d)]. Notes in CAIPS should indicate that the applicant was aware of the
consequences of non-examination


So he will at least need to do a formal declaration that he is no longer in realtionship with his wife, and that he is common-law to you now. "Formal" means that it should be witnessed/signed by a notary/commissioner of oaths. This should be acceptable, if the ex-wife is uncooperative or can't be contacted.