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Debra, Lawyer
Category: Canada Law
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im a foreign worker here in canada, working as a live-in caregiver

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im a foreign worker here in canada, working as a live-in caregiver for 1 year and 4 months . Im still legally married in the phils but been separated for 3 yrs now and when i came here i declared that im separated. Im in a relationship for a yr now to a canadian.. I stay with him during my days off/weekends. Can he sponsor me as a common law partner? If yes, can it not conflict my status here who has a work visa and as a live-in caregiver?
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

If you can show that you are in a common law relationship then he can sponsor you. It doesn't matter that you are still legally married.

As you are required to be a live-in caregiver though, it may be harder to prove that you are common law.

It would be a good idea to open up a joint bank account and make sure you have several people who can write letters on your behalf to help prove you are common law spouses.

It will not conflict with your legal status in Canada.

Let me know if you need any further clarification.
Customer: replied 3 years ago.

can we considered common law partner if im just staying with him during the weekends

You could be.

It's not just about where you live but how you live.

You have to show that you are in an interdependent relationship.

So you should show that you make some decisions together, your finances are mingled at least to some extent, you hold yourselves out as common law spouses to others, etc.

There are legally married couples who can't live together all the time because of work.

So common law spouses have that right as well.
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