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Nate B
Auckland
1 Posts |
 Posted - 07/31/2012 : 06:21:35
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Hi,
I am a British citizen and my partner, who I have been living with for 2 years, has Canadian PR.
We are currently living in New Zealand and now have a new born baby who is 3 months old.
Can someone please advise if my partner can sponsor me even though I am not divorced from a previous marriage?? I am legally separated for the last 1.5yrs.
Any advice is appreciated as we hope to leave NZ and move to Canada together as a family in early 2013.
Thanks,
Nathan.
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Moderator
Ontario
11037 Posts |
Posted - 08/04/2012 : 01:58:05
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Hello Nathan,
Thanks for sharing your question with us.
According to the Citizenship and Immigration Canada (CIC) OP 2 Processing Members of the Family Class Manual,
"5.38. What happens if the common-law partner (principal applicant) is married to another person?
Persons who are married to third parties may be considered common-law partners provided their marriage has broken down and they have lived separate and apart from the spouse for long enough to establish a common-law relationship – at least one year. In this case they must have cohabited in a conjugal relationship with the common-law partner for at least one year.
Cohabitation with a common-law partner cannot be considered to have started until a physical separation from the spouse has occurred. A common-law relationship cannot be legally established if one or both parties continue their marital relationships. Officers must be satisfied that a principal applicant is separated from and no longer cohabits with a legal spouse. This evidence may be in the form of a signed formal declaration that the marriage has ended and that the person has entered into a common-law relationship. An officer may require that the person produce other written evidence of a formal separation or of a breakdown of the marriage. Acceptable documents include a separation agreement, a court order in respect of custody of children identifying the fact of the marriage breakdown, documents removing the legally married spouse(s) from insurance policies or will as beneficiaries (a “change of beneficiary” form).
In the above circumstances, the legal spouse of the principal applicant need not be examined and will not be considered a member of the family class if the applicant later attempts to sponsor this spouse."
You can also find some information on sponsorship, including sponsorship by Canadian citizens residing outside Canada in our Settlement.Org How do I sponsor a spouse, common-law or conjugal partner, or dependent child living outside of Canada? article.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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MelM
Toronto
215 Posts |
Posted - 08/04/2012 : 07:58:26
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Note that because your partner is a Canadian PR (rather than a citizen), your partner must be living in Canada in order to sponsor you. Only Canadian citizens are permitted to sponsor their partners/spouses while living outside of the country. In addition, your partner must continuing living in Canada while your application is being processed. Occasional short (2-3 week) trips outside of the country are OK. Anything longer and you risk having the application rejected due to your partner failing to meet residency obligations.
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