May 20, 2010
Marriage not Annulled
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!