Question about Marital Status

[anthone0]

Hello,

I am already divorced but my new partner is still married to her ex. They've been separated, living apart now for 10 months.
We have been living together now for more than 6 months here in Canada.
Should we decide to live here in Canada and sponsor me as a common-law partner, does my partner need a paper to prove her separation from her previous partner)?
From what I read on Ontario law, you are legally separated on the day that you decide to live apart, ie. move to a new address.

Does she need a legal separation paper signed by her and her ex? The problem is her ex is a bit emotionally unstable at this time and may not sign any papers in the near future (I'm hoping to the contrary tho).



:'(

 

[Rob_TO]

The ex doesn't need to sign anything.
You just need a stat declaration signed by your partner that they are separated and no longer live together.

You can never get married though until she gets a legal divorce or annulment.

 

[anthone0]

thanks, thats a relief

now I just have to figure out how to procure a statutory declaration

 

[Rob_TO]

thanks, thats a relief

now I just have to figure out how to procure a statutory declaration

It's pretty easy. Your partner will just write a form stating she is separated and no longer living with her ex as of a specific date, and then you bring it to a lawyer or notary or some other person eligible to certify it.

 

[anthone0]

It's pretty easy. Your partner will just write a form stating she is separated and no longer living with her ex as of a specific date, and then you bring it to a lawyer or notary or some other person eligible to certify it.

thanks for the info

 

[Ponga]

It looks like you have plenty of time to get that (~ 5-6 months?), since you aren't eligible to even apply as Common-law until you have lived together for 1 full year.

 

[anthone0]

Correct. Waiting is fine. I am very patient

 

[screech339]

Correct. Waiting is fine. I am very patient

Waiting for 6 months or so to get common law status is the easy part. Wait until you have to wait for PR papers to complete is the hard part.

Screech339

 

[anthone0]

Waiting for 6 months or so to get common law status is the easy part. Wait until you have to wait for PR papers to complete is the hard part.

Screech339

I know right

I don't understand why one is not allowed to work and or study during the waiting period. A temporary work permit would be fine, at least you get to do something and be of use to the society. Not just sitting at home watching Netflix.

 

[screech339]

I know right

I don't understand why one is not allowed to work and or study during the waiting period. A temporary work permit would be fine, at least you get to do something and be of use to the society. Not just sitting at home watching Netflix.

Those who applied inland can apply for OWP and be able to work once they get 1st stage AIP. Unfortunately 1st stage is about 12 months. Ouch.

Is it possible for you to consider applying outland? You would probably land as PR way way before inland is completed.

Screech339

 

[anthone0]

Those who applied inland can apply for OWP and be able to work once they get 1st stage AIP. Unfortunately 1st stage is about 12 months. Ouch.

Is it possible for you to consider applying outland? You would probably land as PR way way before inland is completed.

Screech339

-

my outland VO would be Vienna and their average waiting time there is 12 - 14 months. But I also read some horror stories there