difficult situation to be in...
Aug 20th 2009, 11:33 pm
#1
Just Joined
Thread Starter
Joined: Aug 2009
Posts: 4
difficult situation to be in...
Can anyone give advice on the following, my British partner who has PR status sponsored his common law partner and together with their daughter emigrated to canada, however shortly after arriving they split up after she started seeing someone else and now live separate lives both taking an active role in bringing up their daughter.
Since then we met and started a relationship.
I am English and have only a 12 month temp work visa, the question is can my partner now sponsor me so we can stay together or will i have to seek my own PR somehow or would getting married make any difference.
Any help in this difficult matter would be appreciated.
Since then we met and started a relationship.
I am English and have only a 12 month temp work visa, the question is can my partner now sponsor me so we can stay together or will i have to seek my own PR somehow or would getting married make any difference.
Any help in this difficult matter would be appreciated.
Aug 21st 2009, 12:21 am
#2
BE Enthusiast
Joined: Oct 2008
Posts: 422
Re: difficult situation to be in...
Hi,
I emphasize with your situation. Must make life kind of interesting. It happens that I was reading part of the relevant CIC Operations Manual the other day so I can give part of the answer.
From OP 2 available on the CIC site.
So: as long as you've been together for a year - and that year has been since a clear point where the previous relationship ended then you should be alright.
What I haven't resolved (and I don't have time right now) is any income issues. i.e. your partner will be responsible for his previous spouse for 3 years and therefore, should he happen to have a low income, might not be able to sponsor you. Someone will correct me but I believe income issues do *not* apply to spousal sponsorship so you should be alright there too.
I emphasize with your situation. Must make life kind of interesting. It happens that I was reading part of the relevant CIC Operations Manual the other day so I can give part of the answer.
From OP 2 available on the CIC site.
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. [See R117(9)(d)]. Notes in CAIPS should indicate that the applicant was aware of the
consequences of non-examination.
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. [See R117(9)(d)]. Notes in CAIPS should indicate that the applicant was aware of the
consequences of non-examination.
What I haven't resolved (and I don't have time right now) is any income issues. i.e. your partner will be responsible for his previous spouse for 3 years and therefore, should he happen to have a low income, might not be able to sponsor you. Someone will correct me but I believe income issues do *not* apply to spousal sponsorship so you should be alright there too.
Aug 21st 2009, 12:45 am
#3
Lost in BE Cyberspace
Joined: May 2004
Posts: 9,708
Re: difficult situation to be in...
Hi
Income doesn't apply, but the sponsor is ineligible to sponsor another spouse until 3 years after the date of landing for the 1st spouse sponsored.
Hi,
I emphasize with your situation. Must make life kind of interesting. It happens that I was reading part of the relevant CIC Operations Manual the other day so I can give part of the answer.
From OP 2 available on the CIC site.
So: as long as you've been together for a year - and that year has been since a clear point where the previous relationship ended then you should be alright.
What I haven't resolved (and I don't have time right now) is any income issues. i.e. your partner will be responsible for his previous spouse for 3 years and therefore, should he happen to have a low income, might not be able to sponsor you. Someone will correct me but I believe income issues do *not* apply to spousal sponsorship so you should be alright there too.
I emphasize with your situation. Must make life kind of interesting. It happens that I was reading part of the relevant CIC Operations Manual the other day so I can give part of the answer.
From OP 2 available on the CIC site.
So: as long as you've been together for a year - and that year has been since a clear point where the previous relationship ended then you should be alright.
What I haven't resolved (and I don't have time right now) is any income issues. i.e. your partner will be responsible for his previous spouse for 3 years and therefore, should he happen to have a low income, might not be able to sponsor you. Someone will correct me but I believe income issues do *not* apply to spousal sponsorship so you should be alright there too.
