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Out of status, common law application - best course of action?

LValenzuela said:
We own no property or have joint bank accounts/credit cards but we are both listed as under our utilities. My driver's license, employment, car insurance are listed under the townhouse we share. He's listed under my work health benefits. I have also prepared a
Statutory Declaration of Common-law Union to submit. I'm not short on evidence proving our relationship is legitimate. However, I'm very concerned about his past marriage-- I know it's not a good look.
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This looks like you dont have enough evidence, especially for this complex case you have
 
LValenzuela said:
We own no property or have joint bank accounts/credit cards but we are both listed as under our utilities. My driver's license, employment, car insurance are listed under the townhouse we share. He's listed under my work health benefits. I have also prepared a
Statutory Declaration of Common-law Union to submit. I'm not short on evidence proving our relationship is legitimate. However, I'm very concerned about his past marriage-- I know it's not a good look.
Click to expand...

If you don't qualify for ;provincial healthcare you usually don't qualify for extended benefits just for your information.
 
LValenzuela said:
His driver's license, car insurance, his credit union, and utilities are all under the same address. I'm the one who moved into his townhouse rental.
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Got it - that sounds better from an evidence perspective.
 
Another point of concern that may not actually be a concern: Canada recognizes common-law marriages when one of the spouse is previously legally married if a divorce is not possible, ie in the case of Philippines citizens. However, I'm not sure if they recognize it in the case of someone in Canada who was able to be divorced. I may be wrong, and I hope I am, but that may factor into how your relationship is evaluated.
 
k.h.p. said:
Another point of concern that may not actually be a concern: Canada recognizes common-law marriages when one of the spouse is previously legally married if a divorce is not possible, ie in the case of Philippines citizens. However, I'm not sure if they recognize it in the case of someone in Canada who was able to be divorced. I may be wrong, and I hope I am, but that may factor into how your relationship is evaluated.
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He's been separated from his "wife" for a very long time. She actually has a few children with her current common-in-law partner. I don't think getting a divorce will be an issue and from what I have read, you can be legally married to one person and be living common law with another. Not ideal but it happens.

As a Canadian born, never been engaged, common law or married person who relationships have always been with other Canadians, this is all very new to me. However I do feel very strongly that this relationship is genuine and I want to do my best in order for my partner to stay here for us to start a family. Unlike him, I thought we could forgo getting a lawyer but it looks like I was wrong. We will definitely hire a lawyer. Thanks for everyone's input.
 
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LValenzuela said:
He's been separated from his "wife" for a very long time. She actually has a few children with her current common-in-law partner. I don't think getting a divorce will be an issue and from what I have read, you can be legally married to one person and be living common law with another. Not ideal but it happens.

As a Canadian born, never been engaged, common law or married person who relationships have always been with other Canadians, this is all very new to me. However I do feel very strongly that this relationship is genuine and I want to do my best in order for my partner to stay here for us to start a family. Unlike him, I thought we could forgo getting a lawyer but it looks like I was wrong. We will definitely hire a lawyer. Thanks for everyone's input.
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Like I said, I hope I'm wrong in my understanding - I probably am.
 
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k.h.p. said:
Another point of concern that may not actually be a concern: Canada recognizes common-law marriages when one of the spouse is previously legally married if a divorce is not possible, ie in the case of Philippines citizens. However, I'm not sure if they recognize it in the case of someone in Canada who was able to be divorced. I may be wrong, and I hope I am, but that may factor into how your relationship is evaluated.
Click to expand...
It's not a problem. Your relationship can be common-law if you're not divorced from your spouse even if you are able to be divorced.
 
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k.h.p. said:
Another point of concern that may not actually be a concern: Canada recognizes common-law marriages when one of the spouse is previously legally married if a divorce is not possible, ie in the case of Philippines citizens. However, I'm not sure if they recognize it in the case of someone in Canada who was able to be divorced. I may be wrong, and I hope I am, but that may factor into how your relationship is evaluated.
Click to expand...

That's incorrect. You can be married and still successfully be sponsored as a common law partner regardless of your country of origin. We've seen plenty of successful cases here.
 
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