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Frequently Asked Question (FAQ):

Mario D. Bellissimo’s Answer:

A.  Very good question.  It appears as though his ex-wife commenced a relationship with another man in Canada while he was living in a common-law relationship with somebody else in the Philippines. There is more to this question than meets the eye. First, if they were both living in a common-law relationship, she in Canada and he in the Philippines, his sponsorship could be questioned.  Meaning was the marriage only for immigration purposes?  A finding in this regard could translate into deportation proceedings for your friend.

Generally a person who is separated from a spouse and living with somebody else in a common-law relationship may still sponsor the person as his common-law partner even if not divorced.  However, if he lived with her for over a year and did not declare her on his permanent residency application as a past common law partner – this too could raise legal challenges.  In short, the timing and length of his relationship will be critical determining factors.  He should seek out legal counsel immediately. Good luck!


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