Graham-H

I am just starting the application process for PR through the Common Law partnership route.

I separated from my wife a year ago to live with my new partner in Canada. I have two daughters ( aged 31 and 33 ) both who are fully independant and have no intention of moving to Canada.

Am I right to assume that I therefore do not need to include any of these ( wife & daughters ) in the application form where it asks for details of Family Members ?

thanks for any comments.

Cdnshaz

I know others will probably ask, but have you divorced your wife yet?

Graham-H

No - not yet divorced. I have to wait for her to make that decision - or I believe I can apply after 5 years

Cdnshaz

Have you checked to see if you can get common law while married to another?
My husband is applying as spouse and we have provide all divorce decrees.
I ask b/c I really don't know.

PMM

Hi

"Seek and ye shall find"

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

BritBob

Yep, when my partner sponsored me from within Canada she had not divorced. I worried it might be an issue, but it wasn`t. We gave evidence of her previous relationship had broken down, also had a form signed with a lawyer/witness. When I had my CIC interview, the divorce was never even mentioned.

PMM

Hi

You include the daughters on the IMM 5406.