Common-law-application. Principal applicant with TVR (Multiple entry, 10years)

[mystical]

Hi,

And this is our love story.

Sponsor is a Canadian citizen for 20yrs now and a widow for 5 yrs.
Principal applicant is a Filipino, separated-in-fact (however, status is still married in Phils).

1986. He was her first bf. She was his first gf.

2018. They fell in love again, entered into a serious, committed and exclusive relationship with one another.

2019. He visited her in the Philippines and lived together for over a month stay as a couple.

She will visit him soon in Canada (She was granted a TVR in 2018).

We read that we cannot file for conjugal sponsorship since principal applicant has a TVR. And the only option we see is to live together in Canada as common-law-spouses and soon as complying with one year of living together will file for common-law inland sponsorship. While we understand that she cannot work while complying with the one year requirement is there a way she can apply for work permit while one year as common-law has not been complied yet?

How do we request for visa extension everytime her approved stay will expire (in most cases every 6 months as what we read).

This is our second chance at love. Please be an angel and help us be together against all odds.

 

[21Goose]

1. Getting a six-month extension is relatively easy if you tell them you're trying to become common-law.
2. The only way to get a work permit is to get an employer to apply for and get an approved LMIA. The LMIA route may be possible depending on her work ex/qualifications. Do not talk about getting work at immigration - that's a quick way to get denied. Nothing wrong with thinking about it, but do NOT take any concrete steps (emails,messages).

LMIAs take months to process so it may be quicker to just wait out the year, then apply for sponsorship + work permit. She'll be able to get a work permit roughly four months after you apply (assuming everything is going smoothly), so you're looking at about 16-18 months without work. Not the end of the world.

 

[mystical]

Hi,

Good day.

Thank you for the reply. Can we opt to apply for conjugal sponsorship, inland application so as not to wait for a year before we can file for common-law sponsorship?

We are just trying to exhaust all means. Is this possible?

 

[21Goose]

Hi,

Good day.

Thank you for the reply. Can we opt to apply for conjugal sponsorship, inland application so as not to wait for a year before we can file for common-law sponsorship?

We are just trying to exhaust all means. Is this possible?

How will that help? You do not qualify and you are guaranteed to be rejected. She has a TRV, there is absolutely nothing stopping her from coming and being with you.

In addition, your next application will be scrutinized even more thoroughly and will probably be slower than normal.

 

[canuck_in_uk]

Hi,

Good day.

Thank you for the reply. Can we opt to apply for conjugal sponsorship, inland application so as not to wait for a year before we can file for common-law sponsorship?

We are just trying to exhaust all means. Is this possible?

No such thing. Conjugal requires legal and immigration barriers to both marrying and becoming common-law. As she has a TRV, there is neither an immigration nor a legal barrier to becoming common-law in Canada. You are guaranteed a refusal if you do this.

 

[mystical]

Hi,

I sincerely appreciate your insights. May i seek information also if it is possible for the principal applicant to divorce her husband in the philippines so we can marry in canada eventually.

 

[canuck_in_uk]

Hi,

I sincerely appreciate your insights. May i seek information also if it is possible for the principal applicant to divorce her husband in the philippines so we can marry in canada eventually.

I'm guessing you mean an annulment, as divorce in the Philippines is only recognized in very limited circumstances.

Yes, if the marriage is legally severed, you can marry and apply.

 

[mystical]

Hi,

We are thinking if she can file a divorce in Canada, send the papers in the Philippines so we can eventually marry in Canada. We read a lot of people have done this path to be able to marry in Canada.

 

[canuck_in_uk]

Hi,

We are thinking if she can file a divorce in Canada, send the papers in the Philippines so we can eventually marry in Canada. We read a lot of people have done this path to be able to marry in Canada.

She needs to live here for at least a year before she can apply for divorce. I was also under the impression that foreign divorces are only recognized by the Philippines if one spouse does not hold Filipino citizenship.

 

[mystical]

She needs to live here for at least a year before she can apply for divorce. I was also under the impression that foreign divorces are only recognized by the Philippines if one spouse does not hold Filipino citizenship.

-----

Thanks Canuck_in_UK for the valuable information we have been receiving from you. God bless your beautiful heart.

 

[mystical]

Hi,

Good day.

May I ask on what should be the principal applicant's reply on the immigration officer upon entry if she will be asked about her civil status and spouse details?

Appreciate your help on the matter.

 

[canuck_in_uk]

Hi,

Good day.

May I ask on what should be the principal applicant's reply on the immigration officer upon entry if she will be asked about her civil status and spouse details?

Appreciate your help on the matter.

Legally separated.

 

[mystical]

Legally separated.

But she is not legally separated. She is separated in fact.

 

[canuck_in_uk]

But she is not legally separated. She is separated in fact.

Canada has no formal legal separation process. As she lives apart from the spouse and the marriage is over, she is considered legally separated.

 

[mystical]

Canada has no formal legal separation process. As she lives apart from the spouse and the marriage is over, she is considered legally separated.

Wow! This information is really great. Thank you very much canuck_in_uk. God bless you.