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Separated from Common-Law

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5ofthem View Drop Down
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    Posted: 30 Mar 2011 at 12:53am
Hi
Just a quick background. I was with my ex for 2 years (living together)and we had one child together when his visa expired (student). so we put in an application for me to sponsor him over a year ago and still havent heard anything. We now have 3 children (I just gave birth to twins) and he decided to move out when I was 4 months pregnant (6 months ago) he still sees the children, but I'm not sure if we will ever get back together. We are sometimes a couple and sometimes not speaking. Will his application be denied now that he left me? when we applied, we were living together.
Can he apply under humanitarian or compassionate grounds?


Thanks
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 30 Mar 2011 at 3:34am
If it was an inland application, just not living together makes him ineligible. To remain eligible for an in-Canada sponsored partner PR application, the applicant must be living with the sponsor.

I do not think, but I am not at all certain about this, that H&C grounds can overcome this. A separate application based on H & C grounds may be available (because of the children), but I do not know much about that either. Frankly, he should see a lawyer.

If the application was an out-of-Canada application (does not sound like it was), what matters is whether or not the common-law relationship has been terminated. Mere separation does not necessarily effect a termination of the relationship. Cohabitation with someone else, by either of you, would. Even if the relationship is not terminated, CIC might consider it terminated based on the nature and duration of the separation (a legal marriage in contrast is not terminated until a divorce is granted).

In all cases (common-law or legal marriage), if the couple has separated CIC may evaluate whether, in the circumstances, it is a "genuine relationship."

The applicant is obligated to report any change in marital status to CIC. A failure to do so constitutes a material misrepresentation and thus even if he might be eligible for some H & C relief otherwise, that could be lost due to such a misrepresentation.

Again, he should see a lawyer.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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cor-32 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote cor-32 Quote  Post ReplyReply Direct Link To This Post Posted: 30 Mar 2011 at 7:47am
Sorry, but it sounds terminated to me.

I think CIC will reject the common law application.  I would imagine that it is now just an application to stay in Canada on H&C, as ye no longer have a relationship.

Sorry it didn't work out.  
Just make sure that you have the passports hidden, and inform RCMP.  In Ireland, when there is a possible custody battle looming with either parent a foreigner, the usual course of action is to contact Child Abduction Unit, dramatic as they sound.  A girl I went to college with had a nightmare few years trying to get her son back from another European country - her brother ended up doing something shady in Turkey 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote 5ofthem Quote  Post ReplyReply Direct Link To This Post Posted: 31 Mar 2011 at 6:06pm
Thanks so much for your advise. I have contacted the Police to advise them and also the Airport just in case. I dont think he would ever take them, but I also never thought he would leave me when I was pregnant with twins at 4 months. I thought our separation was temporary, but its been 6 months and he is talking about getting his own place next month, which is an indicator that he has no plans in the future to be a family with me.

I think I'll advise him to Call CIC by Monday, or I will just to advise them of the change in common-Law

Thanks again for you help.
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jamaisomal View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jamaisomal Quote  Post ReplyReply Direct Link To This Post Posted: 31 Mar 2011 at 7:32pm
Originally posted by 5ofthem 5ofthem wrote:

Thanks so much for your advise. I have contacted the Police to advise them and also the Airport just in case. I dont think he would ever take them, but I also never thought he would leave me when I was pregnant with twins at 4 months. I thought our separation was temporary, but its been 6 months and he is talking about getting his own place next month, which is an indicator that he has no plans in the future to be a family with me.

I think I'll advise him to Call CIC by Monday, or I will just to advise them of the change in common-Law

Thanks again for you help.


You're the one who needs to call CIC and advise them of the breakdown in relationship. You also need to decide if you want to carry on with the sponsorship. If you and if for some reason he gets approved... you will be responsible for him for 3 years. If he goes on welfare... you will have to pay the government back every penny he gets from them.
Application sent May 13, 2010
Started processing July 22, 2010.
Decision made March 7, 2011
Landed April 13th 2011
The whole process took exactly 11 months!
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cor-32 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote cor-32 Quote  Post ReplyReply Direct Link To This Post Posted: 31 Mar 2011 at 7:42pm
To be honest, anybody who walks away from a pregnant woman, even more so with twins, will more than likely cost you a fortune.  He seems the type who will jump straight onto welfare, which you will have to honor in full.
You will have to get other advice about what to tell CIC, if they ask what took you so long to tell them.
But definately inform them
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