Common-Law Partnerships and Divorce—What to Know

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Common-Law Partnerships and Divorce—What to Know

A common-law relationship is one of many bases a person can use to sponsor or be sponsored to enter Canada. However, identifying whether or not a relationship is a common-law relationship can be challenging. What makes matters even more confusing is how common-law relationships apply to varying situations.

For this article, we will tackle divorce and how it affects the entire process.

Sponsoring a previously-divorced spouse

When sponsoring someone after a divorce, the results will be dependent on the situation. For example, if a divorce occurred solely to get someone to Canada, this new relationship will be proven false and denied immigration. On the other hand, if the divorce did occur genuinely, and that the new relationship is genuine, applying under the common-law class is still possible.

You will still need to prove the new relationship is legitimate with evidence. You must also prove that the previous relationship has already ended. Such documents include a mortgage or a lease, documents showing the same address such as insurance policies, joint bank accounts, and many other types of documents. If you fail to provide enough evidence, then the application will be denied.

Sponsoring someone else when married to another

If you are sponsoring someone while married to another person, you need to meet certain conditions. There needs to be sufficient proof that the marriage has broken down. You and your former partner should also have lived apart for at least a year. 

The sponsor must also show that there has been a conjugal relationship with the new common-law partner. In other words, it is only through a physical separation between the two married persons that a common-law partnership can be considered.

Again, you must prove this all with evidence. The immigration officer must be fully satisfied with the information presented, proving that the sponsor has been separated from the spouse and no longer cohabitates with them. If there is a lack of documents to prove this, then the application to sponsor will be denied. 

You can provide a signed formal declaration that the marriage has ended, a document stating that the separation is agreed to, a court order focusing on the custody of the children due to the marriage breakdown, and documents that remove spouses from insurance policies, wills, and the like.

Conclusion

Whatever the case may be, you will need sufficient evidence to prove your situation. The more documents and evidence you present, the likelier your application will be accepted. Unfortunately, this process can be quite complicated and confusing, and if you do not know what you are doing, you can end up hurting your chances of success. 

To minimize this risk, we highly recommend working with Canadian immigration agencies. They will outline what needs to be done and help you understand your current circumstances. This way, you can give yourself the highest chances of success to finally live with your common-law partner in Canada.

If you are looking for professional help from a trusted firm, please contact us at info@brightimmigration.com or call 1-888-404-8472.

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Expert help, expert care

Our professionals make the difference. Our representatives are recognized by the Immigration Consultants of Canada Regulatory Council and Law Society of Upper Canada. We are guided by our commitment to professionalism, ethics, and belief in providing our client with access to quality legal care and immigration help. You can rest assured that you are well represented and protected when you choose Bright.
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