Will be applying as common law partner soon. Need clarification.

[Innd]

We are living together for almost a year now and I am planning to sponsor my partner as a common law. He is still legally married back in the Philippines (they have been separated since 2012. My question is does he need to file a divorce here in Canada to send it to his wife in the Philippines and submit a proof that he filed for divorce before I can sponsor him or it is not necessary since we have been co habiting as common law since he got here last year Dec, 2017? ( we have proof that we have been living together as a couple). Just want to make sure before I submit the application. Your answer is very much appreciated!

 

[kittywf]

You can submit you application, but you will also need to provide evidence that they are separated since 2012, and explanation of why he did not filed divorce before.