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!