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| Subject: I am a cdn citizen born and raised. I would ... |
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I am a cdn citizen born and raised. I would like to bring my b/f here from the US. He is born and raised american, in excellent standing. If we marry how long does it take to get a pr status for him and do we have to apply through the much contraversial ""Buffalo"". If we live Common Law here, legally he can only stay 6 months than has to apply for extension, in order to make the 12 mo. guideline, but cannot work. I will not be legally in a position to marry him till Christmas. Does the time we live together while I am still only legally separted from my X-husband count towards the 12 month of common law co-habiting? You people are a wonderful resourse..... Thanks Susan
[13-02-2005,17:26]
[**.157.23.38]
Susan |
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From CIC OP Manual 2 (in reply to: I am a cdn citizen born and raised. I would ...)
5.39. 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.
[13-02-2005,23:57]
[**.118.3.91]
Menino |
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