Need ur expertise leon and other hero/ champion members

[pocahontas]

Got so much stress with my current situation, need ur advices to shed some light in me pls thank u. Heres my case, my pr appliction is still on process, husband and i are not ok now ( shall i say we r on d verge of separation due to personal problems) yet my agent told me just wait for d result of my pr before filling for divorse. Im pregnant with my boyfriend here in canada ( who' s pr application is now ok and had their passprts requested already by cic la and was married as well ( yet same case with me). Can he sponsor me under common law partner once his pr visa arrives already. Since im not sure of my pr will still get approved becoz my husband had medical issues. Or what other options can we take in order for me to become permannt resident here with my current case. Ill be giving birth two months from now. Thanks so much!

 

[scylla]

Is your boyfriend being sponsored by his Canadian wife? If so, then he will have to wait five years after he lands in Canada and becomes a PR before he can sponsor you.

 

[Leon]

Sounds like a complicated case.

If you are living with your boyfriend as a couple for 12 months or more, you would each be required to list each other on your PR applications because you would be considered to be common law partners.

In my opinion, if your are divorcing your husband, you are pregnant by another man and your husband has medical issues that could stop your PR, you should divorce him now and get him removed from your application. If you have been in Canada for 12 months or longer, you can apply to divorce in Canada.

If you have not lived with your boyfriend for 12 months yet and he gets his PR before you have lived together for 12 months, he can sponsor you as his common law soon as you reach the 12 month mark of living together. If you reach the 12 month mark before he lands as a PR, you have to notify immigration and he has to add you to his application. If you have lived together for 12 months and he does not add you to his application, he will not be able to sponsor you for PR.

 

[pocahontas]

Thanks to both of u. Yes we have been living together for more than a year now. His wife is not a canadian citizen and my bf is the principal applicant in their PR application..may i also ask mr leon,if in case he get his pr Visa in his pasport already, can he divorse his wife ( who is not yet here in canada) maybe after a year, then can he sponsor me as his common law partner? In my case,do ineed to file divorse aswell with my husband and have it approved first before hecan sponsor me right? Thanks again.

 

[Leon]

If you have been living together for more than a year now, you must tell CIC that you have been doing that. Not doing that would look to immigration like he was hiding the fact that he was living with you. It would make him guilty of misrepresentation if he lands as a PR stating that he is arriving with his wife, Mrs. X when he really is separated from Mrs. X for more than 1 year and living with his common-law partner, Ms. pocahontas.

What you both need to do regarding your applications is write to CIC and tell them that you are living together in a common law partnership for more than 12 months and hence you are separated from your spouses. Then wait for further instructions. I guess the result would be that your spouses would both be removed from your applications. However, he would be able to sponsor you later if he gets his PR and you don't.

If he doesn't notify immigration of this. He gets his PR as being married to Mrs. X. Later he tries to sponsor you as his common law. In your application, it becomes noted that you were living together as common law partners for more than 1 year when he landed as a PR with his wife, it makes him guilty of misrepresentation and he could actually lose his own PR and because he did not declare you when he got his PR, he would never be able to sponsor you. If you were not living together, this would not be an issue because then you would not be considered to be common law partners.