My common law partner is still married....

[expressJB]

Can I add her to my EE application?

 

[desertfox]

Can I add her to my EE application?

She/he can not be your common law partner as long as she is still married to someone else. That is law.

 

[scylla]

She/he can not be your common law partner as long as she is still married to someone else. That is law.

100% wrong.

From a Canadian immigration perspective you can certainly be common law with someone if you are still married to someone else. However you must show that the marriage has fallen apart (i.e. you have separated and are no longer living together). You must also prove that you have lived together with your common law partner for a minimum of one full year.

 

[expressJB]

100% wrong.

From a Canadian immigration perspective you can certainly be common law with someone if you are still married to someone else. However you must show that the marriage has fallen apart (i.e. you have separated and are no longer living together). You must also prove that you have lived together with your common law partner for a minimum of one full year.

Thanks, Scylla. I thought of the same thing although I couldn't find anything that discusses the same thing. She has been separated from her husband and hasn't been living together in the past 8 years. Any ideas what needs to be presented to prove that the marriage has fallen apart? An annulment for the marriage has been filed years ago but it was not granted. Will the documents related to the case fit as proof?

I will be able to prove that I have lived with my common law partner for a minimum of 1 full year (we've lived together since 2006).

 

[scylla]

Thanks, Scylla. I thought of the same thing although I couldn't find anything that discusses the same thing. She has been separated from her husband and hasn't been living together in the past 8 years. Any ideas what needs to be presented to prove that the marriage has fallen apart? An annulment for the marriage has been filed years ago but it was not granted. Will the documents related to the case fit as proof?

I will be able to prove that I have lived with my common law partner for a minimum of 1 full year (we've lived together since 2006).

Yes - submit the annulment paperwork (even if it wasn't processed). That should be all you need given how long you've lived together.

 

[expressJB]

Yes - submit the annulment paperwork (even if it wasn't processed). That should be all you need given how long you've lived together.

Thanks Scylla!

 

[desertfox]

Thanks Scylla!

Thanks Scylla for correcting me.

ExpressJB, sorry that I misguided you.

 

[expressJB]

Thanks Scylla for correcting me.

ExpressJB, sorry that I misguided you.

No problem, Desertfox. We learn new things everyday!