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CitizenSoon

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Sep 19, 2018
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My friend wants to sponsor his girlfriend and their child. The case is as follows:
- He got married five years ago and came to Canada with his wife as PRs.
- His wife moved with the kids to another country since four years as a step for divorce.
- There is no communication between them since a couple of years or so. He declares his marital status as separated when he files his tax, but there is no court separation document nor divorce certificate.
- A year and half ago, he met his current girlfriend online for business and after four months, he traveled to her country of residence to visit her to get to know her more.
- He stayed in a hotel for five or six weeks, then moved to live with her in her place.
- A few weeks later, she got pregnant.
- A few months later, she got an acceptance letter to join a master degree over here. She applied for student visa and her file shows that she is single because she spent less than 12 months in common law relation, and it shows that she is pregnant, this info is included in an additional letter attached by doctor who signed the upfront medical report.
- A few weeks later, her student visa application was rejected.
- A few months later, they got a baby.
- They lived for more than 12 months together outside Canada.
- A few weeks ago, he returned and got a new job in ON.

Some friends suggested that he prepares the following:
- He files a separation, not divorce, in court and provide a document that confirms that he filed it.
- A number of letters from their relatives and friends about his marital status and his current common-law relation and child.
- Photos of them with relatives, letters, social media conversations, messages, rental agreement, bills of internet, cell phone, pay stubs showing same address, joint credit card, letter from his new employer, the birth certificate of their baby, evidence of financial support between them and shared expenses,

- Any recommendation?
 
Last edited:
My friend wants to sponsor his girlfriend and their child. The case is as follows:
- He got married five years ago and came to Canada with his wife as PRs.
- His wife moved with the kids to another country since four years as a step for divorce.
- There is no communication between them since a couple of years or so. He declares his marital status as separated when he files his tax, but there is no court separation document nor divorce certificate.
- A year and half ago, he met his current girlfriend online for business and after four months, he traveled to her country of residence to visit her to get to know her more.
- He stayed in a hotel for a five or six weeks, then moved to live with her in her place.
- A few weeks later, she got pregnant.
- A few months later, she got an acceptance letter to join a master degree over here. She applied for student visa and her file shows that she is single because she spent less than 12 months in common law relation, and it shows that she is pregnant, this info is included in an additional letter attached by doctor who signed the upfront medical report.
- A few weeks later, her student visa application was rejected.
- A few months later, they got a baby.
- They lived for more than 12 months together outside Canada.
- A few weeks ago, he returned and got a new job in ON.

Some friends suggested that he prepares the following:
- He files a separation from his wife in court and provide a document that confirms that he filed it.
- A number of letters from their relatives and friends about his marital status and his current common-law relation and child.
- Photos of them with relatives, letters, social media conversations, messages, rental agreement, bills of internet, cell phone, pay stubs showing same address, joint credit card, letter from his new employer, the birth certificate of their baby, evidence of financial support between them and shared expenses,

- Any recommendation?
It would probably be better to file a legal separation AND file for divorce, in order to convince IRCC that this is genuine. However as long as they can demonstrate beyond reasonable doubt that they are common law partners, with sufficient evidence of the required 12 continuous months of cohabitation, they should be ok. The common law evidence types are discussed in detail in other forum threads.
 
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My friend wants to sponsor his girlfriend and their child. The case is as follows:
- He got married five years ago and came to Canada with his wife as PRs.
- His wife moved with the kids to another country since four years as a step for divorce.
- There is no communication between them since a couple of years or so. He declares his marital status as separated when he files his tax, but there is no court separation document nor divorce certificate.
- A year and half ago, he met his current girlfriend online for business and after four months, he traveled to her country of residence to visit her to get to know her more.
- He stayed in a hotel for a five or six weeks, then moved to live with her in her place.
- A few weeks later, she got pregnant.
- A few months later, she got an acceptance letter to join a master degree over here. She applied for student visa and her file shows that she is single because she spent less than 12 months in common law relation, and it shows that she is pregnant, this info is included in an additional letter attached by doctor who signed the upfront medical report.
- A few weeks later, her student visa application was rejected.
- A few months later, they got a baby.
- They lived for more than 12 months together outside Canada.
- A few weeks ago, he returned and got a new job in ON.

Some friends suggested that he prepares the following:
- He files a separation, not divorce, in court and provide a document that confirms that he filed it.
- A number of letters from their relatives and friends about his marital status and his current common-law relation and child.
- Photos of them with relatives, letters, social media conversations, messages, rental agreement, bills of internet, cell phone, pay stubs showing same address, joint credit card, letter from his new employer, the birth certificate of their baby, evidence of financial support between them and shared expenses,

- Any recommendation?

He doesn't need to file anything in court. Canada does not actually have a process to file for legal separation. A couple is considered legally separated once they decide to end the relationship and live apart. He can show his tax filing as separated and any other documentation that lists his status as separated. With solid proof of common-law with the new partner, that should be sufficient.

He should start the divorce process anyways, just to get it done.
 
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