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"The sponsor has lived separate and apart from the foreign national for at least one year" ??

frightenedpanda

Hero Member
Sep 12, 2017
425
44
I was reading on Laws and Regulations website about the Family Class rules and came across this info :

Spouse or Common-Law Partner in Canada Class

Excluded relationships
  • 125 (1) A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if

    • (c) the foreign national is the sponsor’s spouse and

      • (ii) the sponsor has lived separate and apart from the foreign national for at least one year and

Its on this page -- https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-28.html#docCont

DIVISION 2 - 125 c(ii)

So how does this work for arranged marriages? Even if I have a girlfriend who comes to Canada and gets married to me, we would have still lived separately during our relationship.
 

21Goose

VIP Member
Nov 10, 2016
5,247
1,615
AOR Received.
Feb 2017
I was reading on Laws and Regulations website about the Family Class rules and came across this info :

Spouse or Common-Law Partner in Canada Class

Excluded relationships
  • 125 (1) A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if

    • (c) the foreign national is the sponsor’s spouse and

      • (ii) the sponsor has lived separate and apart from the foreign national for at least one year and

Its on this page -- https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-28.html#docCont

DIVISION 2 - 125 c(ii)

So how does this work for arranged marriages? Even if I have a girlfriend who comes to Canada and gets married to me, we would have still lived separately during our relationship.
You're ignoring the "and" clause. Read the whole section.

  • (ii) the sponsor has lived separate and apart from the foreign national for at least one year AND
    • (A) the sponsor is the common-law partner of another person or the sponsor has a conjugal partner, or

    • (B) the foreign national is the common-law partner of another person or the conjugal partner of another sponsor
 
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frightenedpanda

Hero Member
Sep 12, 2017
425
44
You're ignoring the "and" clause. Read the whole section.

  • (ii) the sponsor has lived separate and apart from the foreign national for at least one year AND
    • (A) the sponsor is the common-law partner of another person or the sponsor has a conjugal partner, or

    • (B) the foreign national is the common-law partner of another person or the conjugal partner of another sponsor
Thankyou for pointing that out. I am much more calmer now :p