Can I sponsor a new partner if I am separated but not yet divorced?

This depends on your relationship status and the nature of your new partnership. Under federal immigration law, you can only have one sponsored spouse or common-law partner at a time. If you are still legally married to someone, you cannot sponsor a new person as a spouse — even if you are separated — unless you and your current spouse have formally divorced.

However, if you have been living with a new partner for at least 12 continuous months, they may qualify as a common-law partner, which is a separate category from "spouse." As a common-law partner, they could potentially be sponsored provided you meet the eligibility requirements and the relationship is genuine. The fact that you remain married to someone else does not automatically bar you from recognizing a common-law relationship for immigration purposes, but it adds complexity.

IRCC will scrutinize such situations carefully. You will need to demonstrate the separation from your spouse is genuine, that you are not still in a spousal relationship with your previous partner, and that your new relationship is also genuine. Legal advice is strongly recommended to avoid inadmissibility findings based on misrepresentation.