What's Next? PLS HELP

[Filipinay]

Good day to all!

I just got back from my home country to finalize a custody hearing regarding my children. As a backgrounder, i have a PR application under the LCP for my whole family, including my ex husband, although we're still legally married back home but our marriage has broken down since 2010. I have a common law partner and we'r living together since 2011 and is willing to sponsor us. Here's my dilemma :
1. Should i cancel my PR application under LCP (coz its taking way too long) and let my common law partner sponsor us under Family class? My ex doesnt want to do anything with us anymore, he's already found a new relationship.
2. Should i file for divorce first here in Canada and wait for the decision before my common law partner can proceed with his sponsorship? or he can sponsor us without me filing for divorce, i just need to write a letter to CIC about my marriage breakdown?
3. my children is still back home so in that case, it will be an Outland sponsorship? and im in canada, which means it will be an inland application?

Every opinion/ suggestions is much appreciated. Thank you!

 

[richeng]

I am really curious as to what happened to your case Filipinay. I am currently deeply involved in a relationship (same-sex) but in my case, my partner who is in the Philippines is still legally married although the couple have been living in different households for over two years now.

 

[canadianwoman]

Your common-law partner can sponsor you and your children even if you are still married to your husband. The Philippine visa office deals with a lot of cases like this because of the no-divorce rule there.

Your husband should be removed from your LCP PR application, since you are separated. The fact you are still married legally in the Philippines does not matter - your marital status is common-law in Canada. When the visa officer sees a custody agreement, he or she should not give a visa to the husband.

Even someone who is living in Canada can be sponsored outland.

How old are your children?