Status update

[CitizenSoon]

My friend and her husband landed a few years ago. Then they were unofficially separated out of good will. She filed her income tax as separated. After a year, she got engaged to someone and lived with him aboard for one year to fulfill the requirement of common law. Now they have a child. She returned to Canada and submitted her citizenship application as separated. She illustrated separated status in her citizenship application but GCMS notes shows that IRCC considers that she is still married. In fact, she did not include any document (she does not know how to proof separation). She is expecting to get her citizenship test and interview within a couple of months or so. She wanna sponsor common law spouse and their child.
- Taking into consideration that IRCC did not recognize that she was separated before she got into a common law relation and have a child. Does she have to inform the IRCC in the interview about her common law spouse and child in order to sponsor them?

 

[k.h.p.]

She should document the separation and begin the process of divorce. If she simply checked the box that said "separated" but provided no proof of the separation, IRCC does not believe she is separated because she provided no information to support that.

 

[Seym]

They consider her as married for the simple reason that she is married. Legally speaking. That would only change with a court decision. It has nothing to do with IRCC itself.
Have a look here, this probably applies to her province too : https://www.educaloi.qc.ca/en/capsules/living-apart-different-legal-separation

That shouldn't have any effect for her citizenship application. However, I really doubt that she can sponsor someone while married with someone else.

 

[CitizenSoon]

I would like to thank you both for your precious advice.

Would she provide a copy of their child's birth certificate to IRCC within the interview? or better not to do so?

 

[Seym]

She can have it with her if she wants, but I don't see it as a needed document for her citizenship application.
As a general rule, only give what the interviewer asks you to show. I highly doubt she would need something not related at all to the application.

 

[wstrn24]

My friend and her husband landed a few years ago. Then they were unofficially separated out of good will. She filed her income tax as separated. After a year, she got engaged to someone and lived with him aboard for one year to fulfill the requirement of common law. Now they have a child. She returned to Canada and submitted her citizenship application as separated. She illustrated separated status in her citizenship application but GCMS notes shows that IRCC considers that she is still married. In fact, she did not include any document (she does not know how to proof separation). She is expecting to get her citizenship test and interview within a couple of months or so. She wanna sponsor common law spouse and their child.
- Taking into consideration that IRCC did not recognize that she was separated before she got into a common law relation and have a child. Does she have to inform the IRCC in the interview about her common law spouse and child in order to sponsor them?

Out of curiosity, is legal to have common law while she's still married with someone else(as she didn't file divorce)? Would IRCC accept this common law status?

 

[k.h.p.]

Out of curiosity, is legal to have common law while she's still married with someone else(as she didn't file divorce)? Would IRCC accept this common law status?

Yes.