Filipino married boyfriend

[Nickelalloy]

Hello.
A naturalized Canadian friend of mine has a Filipino boyfriend in the Philippines, who is still technically married.
He and his wife have not had physical intimacy for more than 5 years now. They don't live in the same city anymore but he still sees his daughter at least once a year.
Since divorce is not accepted in the Philippibes,
What are the possible ways to do to sponsor him to Ontario, Canada?
Does he need to file a legal separation first then come to Canada on a visit visa?
Or would it better for him to come to Ontario, Canada on a visit visa and file the divorce here to Send to the Philippines?
We appreciate all your legal help and suggestions.

Thank you.
Nickelalloy

 

[ShinLee]

Hello.
A naturalized Canadian friend of mine has a Filipino boyfriend in the Philippines, who is still technically married.
He and his wife have not had physical intimacy for more than 5 years now. They don't live in the same city anymore but he still sees his daughter at least once a year.
Since divorce is not accepted in the Philippibes,
What are the possible ways to do to sponsor him to Ontario, Canada?
Does he need to file a legal separation first then come to Canada on a visit visa?
Or would it better for him to come to Ontario, Canada on a visit visa and file the divorce here to Send to the Philippines?
We appreciate all your legal help and suggestions.

Thank you.
Nickelalloy

Filing for divor

Hello.
A naturalized Canadian friend of mine has a Filipino boyfriend in the Philippines, who is still technically married.
He and his wife have not had physical intimacy for more than 5 years now. They don't live in the same city anymore but he still sees his daughter at least once a year.
Since divorce is not accepted in the Philippibes,
What are the possible ways to do to sponsor him to Ontario, Canada?
Does he need to file a legal separation first then come to Canada on a visit visa?
Or would it better for him to come to Ontario, Canada on a visit visa and file the divorce here to Send to the Philippines?
We appreciate all your legal help and suggestions.

Thank you.
Nickelalloy

You have to be a resident of Canada for one full year and then depending on the grants for divorce, you have to be living separately and apart for one year before you can apply for divorce. The document that you will need will be your marriage certificate. Divorce is not recognized in the Philippines and when you return home, you are still considered married to her husband.

If you have lived for a period of at least one year, they can apply for spousal or common law sponsporship.

 

[Nickelalloy]

Hello.
If my friend's Filipino married boyfriend would come to Ontario, Canada on a visit visa, and they would live together for a year (assuming he would be granted his 1st visit visa extension) -

1.) Would that qualify him to file a divorce here in Canada and send it to his wife in the Philippines? Since he, by then, has stayed in Ontario, Canada, for 1 full year.

2) Assuming that he has filed his divorce from Ontario, Canada . What are the steps after?
Would he be able to file another visit visa extension while waiting for his divorce result and

3.) Would my friend be able to sponsor him under common law?

Sorry for all these questions. Just need your legal guidance to this.
Thank you very much for your help. Much appreciated.

 

[Buletruck]

After a year of living together in Canada, they can file as common law. The divorce isn’t necessary to sponsor, just 12 months cohabitation. The bigger issue will be getting a visa and then the extension to meet the 12 month requirement.

 

[canuck78]

If he doesn't get a visa you can apply for a conjugal sponsorship.

 

[Nickelalloy]

After a year of living together in Canada, they can file as common law. The divorce isn’t necessary to sponsor, just 12 months cohabitation. The bigger issue will be getting a visa and then the extension to meet the 12 month requirement.

Hi, Buletruck.
Can you please briefly explain that "the divorce isn't necessary to sponsor"?
Sorry I'm trying to understand, under common law sponsorship, what are they submitting to CIC? Are they not required to submit a proof of that 1 year cohabitation? What proof is that?

Is it difficult getting that 1st and 2nd visa extension?
I'm assuming that he can get a multiple entry visa for a few years.

Thanks again for your patience ..
We appreciate your time very much.
.

 

[Nickelalloy]

If he doesn't get a visa you can apply for a conjugal sponsorship.

Hello, Canuck78. Hi.
To qualify for the 1 year stay in Ontario, Canada, it Is assumed that his 1st visa extention has been approved, right? So are you saying that if he would not be able to apply for his 2nd visa extension, they can do the conjugal sponsorship as the alternative?
Which is the best approach to do this though?
All I know is these 2 love each other. But since there is no divorce in the Philippines and that the annulment takes 2 yrs or more ( And no assurance) and expensive, they think their option is for the guy to come to Ontario, Canada on a visit visa.
Do they need to use a lawyer? Or can they do it by themselves.?
Your legal suggestions are appreciated.
Thank you very much.

 

[Bryanna]

Hello, Canuck78. Hi.
To qualify for the 1 year stay in Ontario, Canada, it Is assumed that his 1st visa extention has been approved, right? So are you saying that if he would not be able to apply for his 2nd visa extension, they can do the conjugal sponsorship as the alternative?
Which is the best approach to do this though?
All I know is these 2 love each other. But since there is no divorce in the Philippines and that the annulment takes 2 yrs or more ( And no assurance) and expensive, they think their option is for the guy to come to Ontario, Canada on a visit visa.
Do they need to use a lawyer? Or can they do it by themselves.?
Your legal suggestions are appreciated.
Thank you very much.

He needs a TRV to come to Canada. For that he would need to have a genuine purpose of visit (short stay of 3-4 weeks) + adequate funds for his visit + demonstrate his strong ties in the Philippines.

After he arrives in Canada and assuming he is granted a 6 months' stay on entry, he can apply to extend his visitor status by another 6 months. This is what was referred to as the first extension.

The initial 6 months on entry + the 6 months after applying to extend the stay would lead to a total of 12 months of cohabitation. His Canadian partner can apply for sponsorship (PR) through the Family Class (common-law sponsorship) after they have lived together for 12 months.

BTW if he reaches the PR sponsorship stage then he would need to declare his daughter as a non-accompanying family member. She would be need to be medically examined. In short, he would need the consent of his estranged wife for this purpose.

The starting point is a TRV/visitor visa

 

[Nickelalloy]

Wow, that is clearer now.
Few more questions, please. So, to apply for that common-law sponsorship here
What about his married status in the Philippines? When is the time to Send the divorce papers there? Or Does he need to?
Would they not be questioned about that married status of his when they apply for that common-law sponsorship?

Thank you again.

 

[Bryanna]

Few more questions, please. So, to apply for that common-law sponsorship here
What about his married status in the Philippines?

They can apply for Family Class PR sponsorship as common-law partners without his divorce in the Philippines. He would need to prove it is a genuine relationship.

When is the time to Send the divorce papers there? Or Does he need to?

Most Canadian provinces require a 12 month stay in that province before someone is eligible to file for divorce. It's for him to decide whether or not he wants to file for divorce.

As ShinLee has correctly mentioned, even if he files for divorce/divorce is decreed by a Canadian court, he would be continue to be considered as married in the Philippines. So, he would probably need to file for the annulment in the Philippines as well.

If he marries his Canadian partner then that would be considered as bigamy. It won't be accepted by IRCC

 

[Nickelalloy]

Hi, Bryanna.
So it is better to file his divorce first from here in Ontario, Canada and send it to the Philippines. Then wait for the Canadian divorce certificate before he and his Canadian partner applies for the common-law sponsorship?
Then, once his sponsorship is approved here, he then files his annulment in the Philippines after...
Or while his sponsorship is on processed, he also files his annulment in the Philippines at the same time?
Which is the smartest move to do?

Thank you very much for all

 

[Bryanna]

So it is better to file his divorce first from here in Ontario, Canada and send it to the Philippines.

Again:
He cannot file for a divorce in Canada until he has resided in that province for at least 12 months prior to filing the divorce petition.

Then wait for the Canadian divorce certificate before he and his Canadian partner applies for the common-law sponsorship?

Assuming he is approved for a TRV.... and assuming he is allowed to stay for 6 months on initial entry..... what reason does he intend to provide to extend his stay by another 6 months to be able to apply for common-law sponsorship?

He seems to be incorrectly assuming that filing for a divorce decree in Canada is both easy and fast.

He probably has not realized that he would need to serve the summons of that divorce case on his estranged wife in the Philippines.... and this could probably delay the Canadian divorce case if she contests it, or if she seeks child support or alimony.... or if she files for annulment in the Philippines as a counter suit.

Then, once his sponsorship is approved here, he then files his annulment in the Philippines after...
Or while his sponsorship is on processed, he also files his annulment in the Philippines at the same time?

Too many scenarios.... all hypotheses. IMO, it would be best to work with what is *highly* probable than with *high risks*.

Which is the smartest move to do?

Smartest move: Get a TRV first.... all other scenarios are secondary at the moment. Best to cross the bridge when he reaches it

 

[jddd]

Hi, Bryanna.
So it is better to file his divorce first from here in Ontario, Canada and send it to the Philippines. Then wait for the Canadian divorce certificate before he and his Canadian partner applies for the common-law sponsorship?
Then, once his sponsorship is approved here, he then files his annulment in the Philippines after...
Or while his sponsorship is on processed, he also files his annulment in the Philippines at the same time?
Which is the smartest move to do?

Thank you very much for all

Hi, You seem to be very focused on the divorce part of this scenario, Bryanna addressed your concerns but I just want to reiterate some things.

1. Take it step by step, the whole immigration process is overwhelming, add to that a divorce and it can get crazy, so think about the goal first. In this case, is it to be sponsored to become a PR of Canada or is it to be divorced and then annulled?

If the goal is to be sponsored to become PR, here are the steps:

1. The Filipino applies for a visa to Canada. 2 outcomes: approved or rejected. If approved, great, make sure that extension is applied for on time explaining that they want to achieve common law (I know people who were approved extensions based on this) and hopefully will be able to get approved for that extension as well. If rejected, get GCMS notes of the reasons for rejection, fix the reasons and maybe try again?

Another option if visa is rejected is for the Canadian to go to the Philippines for a year to achieve common law. And before anyone out there comments on how this is illegal in the Philippines because Philippine law convicts for adultery and concubinage, the likelihood of that happening is slim to none. I know a LOT of couples in the Philippines who are living in but are married to other people for years and NOT ONE of them have been charged. Why? Because the other partner is, most of the time, also already living in with somebody and will just open up a can of worms or does not have the funds to start a claim. Please note that I am one of these people, my Canadian spouse lived in the Philippines to achieve common law with me which is why I bring it out there as an option. To this day, I am still legally married in the Philippines.

Another option is, and the chances are VERY slim, to try a conjugal application. More and more people from the Philippines are reporting success on this because of the outdated laws (no same sex and no divorce).

2. Let's say one of the options above were successful and the boyfriend has been sponsored and has landed as PR. It's time to tackle the divorce. Once again, the boyfriend has 2 options. File the divorce as soon as he has been living here for a year OR wait until he is a citizen to file for divorce. Personally, I am doing the latter. Why? It hits 2 birds in 1 stone. Philippine law dictates that if a foreign national (which the boyfriend will be once he is Canadian) files for divorce, then that divorce can be used to nullify the marriage in the Philippines. This means no outrageous costs to file for an annulment BUT wait time is longer of course as you need to be a citizen before your divorce is filed to be recognized.

That's it, hope that helps.

 

[Nickelalloy]

Hi, You seem to be very focused on the divorce part of this scenario, Bryanna addressed your concerns but I just want to reiterate some things.

1. Take it step by step, the whole immigration process is overwhelming, add to that a divorce and it can get crazy, so think about the goal first. In this case, is it to be sponsored to become a PR of Canada or is it to be divorced and then annulled?

If the goal is to be sponsored to become PR, here are the steps:

1. The Filipino applies for a visa to Canada. 2 outcomes: approved or rejected. If approved, great, make sure that extension is applied for on time explaining that they want to achieve common law (I know people who were approved extensions based on this) and hopefully will be able to get approved for that extension as well. If rejected, get GCMS notes of the reasons for rejection, fix the reasons and maybe try again?

Another option if visa is rejected is for the Canadian to go to the Philippines for a year to achieve common law. And before anyone out there comments on how this is illegal in the Philippines because Philippine law convicts for adultery and concubinage, the likelihood of that happening is slim to none. I know a LOT of couples in the Philippines who are living in but are married to other people for years and NOT ONE of them have been charged. Why? Because the other partner is, most of the time, also already living in with somebody and will just open up a can of worms or does not have the funds to start a claim. Please note that I am one of these people, my Canadian spouse lived in the Philippines to achieve common law with me which is why I bring it out there as an option. To this day, I am still legally married in the Philippines.

Another option is, and the chances are VERY slim, to try a conjugal application. More and more people from the Philippines are reporting success on this because of the outdated laws (no same sex and no divorce).

2. Let's say one of the options above were successful and the boyfriend has been sponsored and has landed as PR. It's time to tackle the divorce. Once again, the boyfriend has 2 options. File the divorce as soon as he has been living here for a year OR wait until he is a citizen to file for divorce. Personally, I am doing the latter. Why? It hits 2 birds in 1 stone. Philippine law dictates that if a foreign national (which the boyfriend will be once he is Canadian) files for divorce, then that divorce can be used to nullify the marriage in the Philippines. This means no outrageous costs to file for an annulment BUT wait time is longer of course as you need to be a citizen before your divorce is filed to be recognized.

That's it, hope that helps.

Hello jddd.

1.) As to your 1st step, assuming the married Filipino boyfriend can get the 1st visa extension here, so that completes a 12 month common law for my friend and him. Can my friend apply for a common law sponsorship Then?
In that common law application, would they not be questioned about the guy's married status in the Philippines?
I think that is their 1st goal. For the 2 of them to be together in 1 country. The boyfriend needs to get a PR.so get be here legally.
Then apply for a divorce from here to Send to the Philippines.

The option of my Canadian friend to go to Philippines to have a 1 year common law status with her boyfriend is not possible because she has a fill time work here.

Thank you for your help.

 

[jddd]

Hello jddd.

1.) As to your 1st step, assuming the married Filipino boyfriend can get the 1st visa extension here, so that completes a 12 month common law for my friend and him. Can my friend apply for a common law sponsorship Then?
In that common law application, would they not be questioned about the guy's married status in the Philippines?
I think that is their 1st goal. For the 2 of them to be together in 1 country. The boyfriend needs to get a PR.so get be here legally.
Then apply for a divorce from here to Send to the Philippines.

The option of my Canadian friend to go to Philippines to have a 1 year common law status with her boyfriend is not possible because she has a fill time work here.

Thank you for your help.

Please see step 2 where I say that this is an option which allows sponsorship, so again, the answer is yes.

Again, I myself am legally married to someone else in the Philippines but I was sponsored by my common law spouse and have been in Canada for over a year now. We did not have a problem with my marriage not being annulled.

My spouse also had full time employment here when we decided she will live with me in the Philippines to achieve common law. My personal opinion is, you have to weigh your priorities and the risks. We risked a high possibility of being rejected for a conjugal sponsorship (even if we have 3 children and have been together for over 10 years) because she has an option to live in the Philippines (as a former Filipino, she is allowed a 1 year stay upon entry). The pros of having a smooth sailing sponsorship application was more important for us rather than her full time high paying job. I received my visa LESS THAN 6 months after IRCC received our application.