spouse divorce in canada but married in the philippines

[adrienne8]

The applicant will definitely have to apply for TRV and be refused to have a chance with this.

BUT: I am not sure that the requirement is such that the sponsor must move and attempt to establish common law. I believe there are cases but I do not know.

@adrienne8 you really must read through other threads about conjugal sponsorship to clarify, look for ones with the Philippines divorce/annulment issues. Highly recommend you do research first and look into a TRV. Obviously if you are given a TRV, you can come to Canada and attempt to establish common law. If not, you may have a case for conjugal (I am not an expert on the details).

With the covid travel restrictions you could only get a visa/travel authorisation on the extended family / exclusive relationship for one year or more. If you have not physically met, you are not eligible for this covid travel exemption at all.

Conjugal is not an easy path so you should look into the annulment path as well, even if long and difficult. (That may be required under the conjugal - that is to at least apply for annulment - but I do not know).

thank you so much!! This clears up a lot of things. We should definitely look at trying the common law path first. Annulment takes so much longer i think

 

[armoured]

thank you so much!! This clears up a lot of things. We should definitely look at trying the common law path first. Annulment takes so much longer i think

Common law also has it's own issues in terms of either spouse moving to PH (adultery issue in PH) or you moving to Canada. And then waiting at least a year to become common law, then processing time - without work permit for most of that time.

But I think it's fair to say that you can't go for common law in Canada OR conjugal application without applying for TRV first.

 

[Rosybeaner888]

I have almost the same problem. My common law partner is married back home but he wants to sponsor me as his spouse, instead of his real wife. We are both foreign workers in Canada and has been together for a year now. He is a skilled worker and i am not, so he has more chance of applying for PR.

He has not filed for annulment yet because they tried to work things out but still failed. We are having a baby soon, and i'm worried that my baby and i will go home after my 4 years in canada.

Pls. Help. Thanks.

He can sponsor you as common law, as long as you're living together for a year. Just be ready for your proof of cohabitation ( joint account, utilities, insurance etc.)

 

[armoured]

He can sponsor you as common law, as long as you're living together for a year. Just be ready for your proof of cohabitation ( joint account, utilities, insurance etc.)

You're answering a question from 2013.

 

[adrienne8]

Common law also has it's own issues in terms of either spouse moving to PH (adultery issue in PH) or you moving to Canada. And then waiting at least a year to become common law, then processing time - without work permit for most of that time.

But I think it's fair to say that you can't go for common law in Canada OR conjugal application without applying for TRV first.

Got it. Then I should definitely try for TRV first. Just another question, if my boyfriend makes a letter of invitation to me for my TRV application to Canada, what will be his relationship to me? Is it ok for him to indicate that he is my boyfriend? Even if I'm currently married here in the Philippines?

 

[armoured]

Got it. Then I should definitely try for TRV first. Just another question, if my boyfriend makes a letter of invitation to me for my TRV application to Canada, what will be his relationship to me? Is it ok for him to indicate that he is my boyfriend? Even if I'm currently married here in the Philippines?

Right now the only way is as extended family member / "in an exclusive dating relationship, have been in the relationship for at least 1 year and have spent time in the physical presence of that person at some point during the relationship".

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors/immediate-family.html#extended

You would likely need to indicate you are separated from your legal spouse. I don't think this will be a problem (you can note that divorce not recognised in PH).

Note, this by no means mean you will get a visa and may well be refused. But you cannot apply for conjugal sponsorship unless there are barriers including not being able to physically go to Canada and the legal barriers (no divorce) required for the conjugal category.

Again, not an expert - please do research and checking in other threads.

 

[adrienne8]

Right now the only way is as extended family member / "in an exclusive dating relationship, have been in the relationship for at least 1 year and have spent time in the physical presence of that person at some point during the relationship".

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors/immediate-family.html#extended

You would likely need to indicate you are separated from your legal spouse. I don't think this will be a problem (you can note that divorce not recognised in PH).

Note, this by no means mean you will get a visa and may well be refused. But you cannot apply for conjugal sponsorship unless there are barriers including not being able to physically go to Canada and the legal barriers (no divorce) required for the conjugal category.

Again, not an expert - please do research and checking in other threads.

Thank you so much for all the help!! I will do additional research for this.

 

[LoveCanada143]

Hi hope someone can answer,

Got divorced here in BC and will marry another person how will it be if I change my name?

If I go visit Manila with new name and passport will that cause problems/concerns?

Thanks in advance.

 

[LindsayLus]

My boyfriend was married to a Pinay in the Philippines last 2015. He and his ex wife were both Canadian citizens already. They got divorced also this year. Question, can his ex wife file a case against us since we are planning to make our relationship public in the Philippines? Thank you

 

[lovely50]

Hi poh ask ko poh posible kaya makuha ako ng partner ko may anak poh kami...canadian cetizen cia..gusto nya kami kunin..kaso d pa cia divorse ng asawa nya...ayaw kc pumayag ng anak nya dun.....pero matagal na sila seperated..thnx sa reply

 

[Louman64]

Hi poh ask ko poh posible kaya makuha ako ng partner ko may anak poh kami...canadian cetizen cia..gusto nya kami kunin..kaso d pa cia divorse ng asawa nya...ayaw kc pumayag ng anak nya dun.....pero matagal na sila seperated..thnx sa reply

I dont understand at all … if he wants to divorce his wife his son ir daughter doesnt have any say in that