Thank you. I think your suggestion is a good option if it works, but I'm afraid of some loopholes about the legality though. I'm kind of looking for answers or possible solutions if I face any obstacles if I went back home. I have complete supporting documents (separation agreement and divorce certificate), I'm just not sure if these are enough to get me re-marry. Do I need to get a lawyer? What department in Philippines gov't I have to present my case. I don't know the right questions, I'm just typing what's in my head.
Was married in the Philippines. Divorced in Canada.
- Thread starter CelebrateLife
- Start date
Me and my ex wife were married in the Philippines and just got divorced recently here in Ontario. We are both permanent resident.
I understand I cannot marry someone in the Philippines?
Can I marry someone from the Philippines in let say in Hong Kong? Will we have problems getting her in Canada? Like her visa and permanent resident?
Thanks in advance!
I understand I cannot marry someone in the Philippines?
Can I marry someone from the Philippines in let say in Hong Kong? Will we have problems getting her in Canada? Like her visa and permanent resident?
Thanks in advance!
Yes you can marry someone in HK. As long as there are no red flags there shouldn't be an issue. When did you land and were you sponsored by your spouse? If so you can't sponsor another spouse for 5 years.
What do you mean when you say red flags?
So me and my girlfriend from Philippines can travel to Hong Kong and get married there? Im divorced in Canada but I am still married in Philippines.
I came to Canada almost 8 years ago and yes I was a landed immigrant.
Differences in age, differences in religion, lack of time together, concerns about whether the relationship is based on immigration, etc. You can travel to any country that will allow you to marry. Seems like many from the Philippines go to HK for a second marriage. You'll need to determine what documents HK requires and what the process requires.
I see. Can I sponsor my girlfriend instead in Canada as a conjugal partner? I have my own place, good work, car and financially stable.
Is this possible? Thanks again!
Would be much easier to get married. Do you have proof of a lot of time in person together? Multiple visits? The question may be why you couldn't get married in a 3rd country although with covid it is hard to travel so could be justified.
No, I don’t have proof of a lot of time together. We just recently got into a relationship. She is in the Philippines and i’m in Canada. Anyway this is not for now its for future use. Because she is asking me because she knows there is no divorced in the Phils.
Although I am divorced here, I understand I am still married in the Phils. I can’t be physically stay in Phils for the annulment.
So I was thinking marrying her in Hong Kong or sponsoring her in Canada as conjugal partner. It says on the Canada website for conjugal partner(can use if ‘can’t get married in your conjugal partner’s country’).
I would if I can but I can’t live in the Philippines now or in the near future. I have financial obligations here and I do not want to give up my job. I understand you have to live together to sponsor someone as common law partner.
How about sponsoringa conjugal partner?
Hi comarxx, I have same problem but the thing is we still got married in the Philippines now my application might get rejected because of my previous marriage in the Philippines IRCC emailed me that they need additional info and docs that stating my previous marriage was been dissolved and I dont have it. I was wondering what happened to your case did you went to Hong Kong to get married., what are the requirements to do it so. Hoping for your response..thank you.
I suggest you consult a lawyer. A real lawyer. As I see it, the PH authorities may have made a mistake in not requiring certification of your Canadian divorce (or they might not have - I don't know) - but it seems to me that it is not IRCC's ripe to question that, nor the validity of the new marriage certificate.
You want a lawyer to make the argument as strongly as possible - you were divorced legally in Canada, you subsequently got married in PH, you have a facially valid marriage certificate, and there exists no party (with standing anyway) claiming that it isn't valid. There is no plausible claim that I can see (in Canada anyway) to claim that grounds, such as bigamy, exist to say it wasn't a valid marriage - you obviously were not married anymore when you got remarried.
But: I'm not a lawyer. I could be wrong at a few points here. I'm pretty sure a decent lawyer could write a ripping riposte to IRCC that would get them to back off, or at least buy you time to figure out how to salvage your app.
Hi armoured, thank you for your response., before I got married in the Philippines I asked a Lawyer for what requirements do I need to get married again in the Philippines he told me I needed divorce cert, consent divorce judgement with court seal and authenticated by the Canadian government which I did and capacity to get married which he’s the one who made that one for me., and those are the requirements that I submitted to the municipal where I got married and after that they gave me a marriage license , marriage certificate and advisory of marriage., here’s my thread.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/married-in-philippines-divorced-in-canada.811502/#post-10538891
https://www.canadavisa.com/canada-immigration-discussion-board/threads/married-in-philippines-divorced-in-canada.811502/#post-10538891
I did see that other thread. I defer to others eg @Kaibigan - but it's possible still that a lawyer could help.
Crux of the question, and answer to which I do not know - since @Kaibigan used the term - is whether the marriage is 'perfected' (still valid etc) if missing whatever doc you didn't get.
I believe you COULD argue that for all relevant purposes in Canada, the PH marriage certificate is valid (facially at least) unless some fundamental principle of marriage recognition under Canadian law - eg bigamy - was violated.
But if eg some additional step or affirmation ('perfection' as I understand the term) required to confirm that validity is needed , then my point may be ... well, wrong.
There is a question of PH law at hand here (eg whether the PH marriage would be considered valid or invalid in PH, and whether in fact invalidity is something that would require additional steps (someone to challenge it), and/or whether Canada should/would simply recognize a marriage certificate that appears valid. So it's both a PH and Canadian law question, I think.
Thanks for the vote of confidence armoured. Let me say your idea about a "ripping riposte to IRCC" has some attraction. My fear is that the marriage in question may simply be invalid under Philippine law, even though icaruz has in hand documents that make it appear prima facie a valid marriage. I am thinking about the lack of formal recognition of the Canadian divorce and the attendant difficulties.
Icaruz and ex-wife were Filipino nationals when married and when divorced in Canada. That situation, I believe, precludes recognition of the Canadian divorce in the Phils, so the most recent marriage cannot be valid if that is so. This is in keeping with what I have believed for years and I am reinforced in that belief by what is written here:
https://lawyerphilippines.org/recognition-of-foreign-divorce-in-the-philippines-process/
There, we see, inter alia, the following:
Certainly Recognition of Foreign Divorce in the Philippines is possible regardless of whether the divorce was obtained by the Filipino or by the foreigner.
The requirement for Recognition of Foreign Divorce is simply that at least one of the Spouses was a non-Filipino at the time of the divorce.
(Italics added)
That said, my confidence in the above advice is somewhat shaken by the Philippine lawyer's comment that the foregoing flows from the second paragraph of Article 26 of the Family Code of the Philippines:
“Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien Spouse capacitating him or her to remarry, the Filipino Spouse shall have capacity to remarry under Philippine law.”
To my way of reading it, that language does not support the claim that "Recognition of Foreign Divorce in the Philippines is possible regardless of whether the divorce was obtained by the Filipino or by the foreigner." Rather, I read that as saying the "alien spouse" must be the one to obtain the divorce, which will allow him or her to remarry. It adds that in that case, what is sauce for the goose is sauce for the gander, and the Filipino spouse will also gain capacity to remarry.
But, whether the Filipino attorney's reading of the legislation or my interpretation prevails, it won't help icaruz, since neither was a foreigner when the divorce was obtained. Whether the IRCC should reach behind the apparently-valid proof of marriage documents is another issue.