I am married but separated from my ex spouse since 2022. This separation does not have any formal proceedings or documentation like a divorce or annulment.
Since March 2023. I started living together with my new partner here in Canada and we shared same addresses since that point. However, we didn’t have any solid proof before to support our relationship as being common law, because we didn’t have joint lease agreements, our rent receipts were individually issued, no joint accounts, not much photos, not much mails to our same addresses, and no insurances that indicate our partners as dependents or beneficiaries. It was only until January 2025 that we decided to open a joint account and only this April 2025 that I got to include her in any insurance since I got one from my job.
I discussed this with an immigration consultant and he suggested that me and my common law partner apply thru express entry individually since he believes that we have good individual chances since we both are qualified for healthcare draws. He states that there wasn’t sufficient proof on our timeline from March 2023 until the whole year of 2024 since other supporting documents like joint accounts and insurance policies only existed this year of 2025. He also states that since I am still Married without divorce or annulment, it would be extremely difficult to prove two sides which is my separation, and the other is my new common law.
My question is, now that I have ITA, when I made my profile I still put married because legally I am still married. I did not declare common law as this was the suggested advice given to me by an immigration consultant. What are the possible implications? Do you think I can just declare common law next year 2026 since our timeline from 2025 suggests more concrete evidence of being in a common law relationship?
Since March 2023. I started living together with my new partner here in Canada and we shared same addresses since that point. However, we didn’t have any solid proof before to support our relationship as being common law, because we didn’t have joint lease agreements, our rent receipts were individually issued, no joint accounts, not much photos, not much mails to our same addresses, and no insurances that indicate our partners as dependents or beneficiaries. It was only until January 2025 that we decided to open a joint account and only this April 2025 that I got to include her in any insurance since I got one from my job.
I discussed this with an immigration consultant and he suggested that me and my common law partner apply thru express entry individually since he believes that we have good individual chances since we both are qualified for healthcare draws. He states that there wasn’t sufficient proof on our timeline from March 2023 until the whole year of 2024 since other supporting documents like joint accounts and insurance policies only existed this year of 2025. He also states that since I am still Married without divorce or annulment, it would be extremely difficult to prove two sides which is my separation, and the other is my new common law.
My question is, now that I have ITA, when I made my profile I still put married because legally I am still married. I did not declare common law as this was the suggested advice given to me by an immigration consultant. What are the possible implications? Do you think I can just declare common law next year 2026 since our timeline from 2025 suggests more concrete evidence of being in a common law relationship?
