Am I and my partner at risk for misinterpretation?

[Boracay]

I agree totally with rjessome.

The annulment part may be complicated though because even if the husband agreed, there would have to be certain circumstances met before they could even have a chance of winning.

For example domestic abuse or even abandonment are not grounds for annulment.
I guess she could apply for the annulment but it takes 2 to 5 years and $1000's of dollars and nothing is guaranteed unless you pay even more money under the table.

The reason I mention that is because I'm not sure how much weight an annulment in process would carry compared to the time and money involved if it's worth it.

As long as she can prove the marriage is considered by her 100% over and she can prove her conjugal relationship with her partner I think that's what's most important.

What my undivorcable partner and I did is got a notarized statement by her stating that she no longer considers herself his wife, that she maintains no contact with him and does not wish to, doesn't know where he is (use your own circumstances). We will include that in our application as a declaration of the severance of marriage. Holds no weight to The Philippines but we're hoping it holds some for Canada

P.S. undivorcable is not even in the dictionary because there's just 1 place in the world this frustrating law still exists!

 

[emrn]

Ok, wait a minute. People are getting lost here and there is a big difference in apply for a TRV and PR, one being temporary and the other permanent.

It looks like conjugal is your only route. Ensure you meet the conditions of this program (in a relationship for at least a year and have joined your lives as much as possible). You have a barrier to marriage and an immigration barrier to be together. So assuming that you are eligible, this is your route to go.

The PR application is where you come completely clean about everything. BE HONEST. Ask for forgiveness and explain why you didn't disclose that you were in a relationship in your TRV applications. DO NOT lie on your PR application. DO NOT listen to any advice about sticking to the same story as the TRV application. That would be the worst mistake you could make. Your travel history will have no bearing on the result of the PR application unless you travelled to be with your partner. You have to work hard to prove this relationship is genuine and "marriage like".

CIC cannot ask a Canadian citizen to move to another country. It is NOT their expectation that a citizen or even a PR give up their residence in Canada. You explain that your Canadian partner is well established in Canada with work, family, assets, etc. and that they would have to give all of that up to live in your country. Done. Explain that this is the ONLY way you can be together. You should, if you can, also apply for an annulment. Or explain to CIC why your ex would never allow an annulment.

Good luck.

Thank you so much you all have been of good help to me, I was already crying so much today because I can't seem to complete our application because of that dilemma. I thought that there would be no way around it anymore, I thought that being with him would really be impossible. We really love each other so much that everyday we are apart we cry. Meeting him was one of the best things that had ever happened to me and I always thank God for him and the thought of us not being together is just devastating. I just had been through a lot with my previous marriage and I thought that I will die miserable and then I met him and everything just fell into it's right places and the thought that we wont be together is just too much. Thank u all soooooooo much I really appreciate it. U all gave me hope that someday we'll be together. I'm sorry I'm being too emotional here. I just want to be with him and spend the rest of my life with him. God bless all of you.

 

[emrn]

i agree... conjugal isn't an issue here IMO, i think philippines office likely sees a higher %age of these cases due to the laws around divorce...

lying on the PR application wouldn't at all be my suggestion... i think either you explain and apologize profusely, or you explain your relationship as it is without mentioning the discrepencies and hope that it doesn't come back to haunt you that it contradicts your TRV(s)....

if you fabricate your relationship to match the TRV, you will likely have much more discrepencies you would have to deal with when it comes to substantiating that relationship with proof (long term family friends would have photos, some evidence of back and forth contact over the years ect)...

Thank you so much from the bottom of my heart. Thank you, God bless u

 

[emrn]

I agree totally with rjessome.

The annulment part may be complicated though because even if the husband agreed, there would have to be certain circumstances met before they could even have a chance of winning.

For example domestic abuse or even abandonment are not grounds for annulment.
I guess she could apply for the annulment but it takes 2 to 5 years and $1000's of dollars and nothing is guaranteed unless you pay even more money under the table.

The reason I mention that is because I'm not sure how much weight an annulment in process would carry compared to the time and money involved if it's worth it.

Thank u so much Boracay were almost somehow on the same boat and thank u for being helpful to me. I really appreciate it, I hope everything goes smoothly and well with your application and I will be praying for u and your partner. God bless

As long as she can prove the marriage is considered by her 100% over and she can prove her conjugal relationship with her partner I think that's what's most important.

What my undivorcable partner and I did is got a notarized statement by her stating that she no longer considers herself his wife, that she maintains no contact with him and does not wish to, doesn't know where he is (use your own circumstances). We will include that in our application as a declaration of the severance of marriage. Holds no weight to The Philippines but we're hoping it holds some for Canada

P.S. undivorcable is not even in the dictionary because there's just 1 place in the world this frustrating law still exists!

 

[missmini]

i'm glad u feel better and rjessome is the expert here, the rest of us we r just giving our opinions, what we understood from our own reading, what we heard etc...i'm glad all is clear now

good luck!

 

[emrn]

i agree... conjugal isn't an issue here IMO, i think philippines office likely sees a higher %age of these cases due to the laws around divorce...

lying on the PR application wouldn't at all be my suggestion... i think either you explain and apologize profusely, or you explain your relationship as it is without mentioning the discrepencies and hope that it doesn't come back to haunt you that it contradicts your TRV(s)....

if you fabricate your relationship to match the TRV, you will likely have much more discrepencies you would have to deal with when it comes to substantiating that relationship with proof (long term family friends would have photos, some evidence of back and forth contact over the years ect)...

How do i explain and apologize? should I include it in the application? Separately with the description of our relationship or should we put it there? I'm sorry I really don't know what to do.

 

[emrn]

i'm glad u feel better and rjessome is the expert here, the rest of us we r just giving our opinions, what we understood from our own reading, what we heard etc...i'm glad all is clear now

good luck!

Thanks missmini thank u for your opinions and taking the time to answer my question. God bless

 

[rjessome]

How do i explain and apologize? should I include it in the application? Separately with the description of our relationship or should we put it there? I'm sorry I really don't know what to do.

This is where you might need to hire a professional to help you.

 

[emrn]

This is where you might need to hire a professional to help you.

oohhh are there any pro bono lawyers in Canada? Because I really don't want to give him that burden anymore he's already spending so much. He's working 2 jobs just to support me and also for the application, he already has a lot of things going on on his plate. Hiring a lawyer might really be expensive

 

[emrn]

why not trying to live together in another place (other province in ur country or other country)?

yeah we're actually considering this if in case we get denied.

 

[weary-damsil31]

Hi,

I wanted to raise this question to you as we kinda have the same situation. Are you using your married name in the passport?

 

[emrn]

yes i am because i can't use my maiden name unless i have an annulment.

 

[weary-damsil31]

Thank you for your answer. i have the same dilemna as i got pregnant by my canadian bf here in canada. i called the DFA asking the requirements in changing my married name to maiden name in passport but the answers given were unless i get the nullitiy of the marriage or the death of the spouse.Although i am filling the divorce here in canada still it's not recognize in our country.

i dont know if this is really a big deal once my bf will apply for the sponsorship next year after getting my divorce as all documents that i have were under my married name.

Did you consult someone concerning this? thanks for the reply.

 

[emrn]

No, I haven't, good for us we have this conjugal partnership category that will apply to us separated but cannot have divorce. but if u are already there in Canada with your boyfriend might as well apply for common law. Are u and ur ex still have communication? Maybe u can have a separation agreement with him and eventually file annulment here so that ir ever u get married with ur bf no it will be recognized in the Philippines.I have an uncle in alberta they have been there since 1990 he and his wife had a divorce there but till now it's still not legal here in the Philippines even if they are both remarried. Our law here in the Philippines sucks big time they want to force people to be together even if they are no longer happy and the thing is if we move on with our lives and try to live with someone or find someone else we are at risk for being charged with adultery because we are still legally married. But if the guys do that people don't mind at all. It's so unfair

 

[weary-damsil31]

Hi!
I raised a question to the thread of sponsorship and thanks to Leon for the clarification.He said now that i am in canada i can use any name i want after having the divorce.

We hardly communicate as he abandoned us 5 yrs ago,just this year after he showed up to my daughter and started sending his monthly allotment to her.To my interpretation,he did start seeing my daughter when he knows that i am already in canada...maybe hoping that i could sponsor him with my daughter but there is no WAY i would do that!

I CONSULTED a lawyer,she is a family friend and she told me that i would pay 350,000php for the annulment and will be done in 6 months..hence i have a doubt as i know lots of cases for annulment that it takes years before it will be approved.A friend of mine who worked in Japan and had a divorce pays over a million just to get the annulment done and it took for her 10 yrs before it was over.

Phils. law really sucks,if u file annulment and they know that u are earning big time or has a capacity to give as much as they want then they will ask and more!


I hope u will succeed in your plan..just have faith...