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Am I and my partner at risk for misinterpretation?

emrn

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I am separated but still legally married here in the Philippines and my ex's family is very influential in their province. So everything right now is really discreet. My partner and I invited me for TRV twice and he said in the letter of invitation that I am his family friend and that he had known me for years now just to make it more convincing for me to approve and to protect me as well. Now we are going to apply for conjugal visa we are going to tell our true story how we met, when we met but it will completely contradict the TRV letter I'm scared that this may affect our application and we might be at risk for misinterpretation and we might not be able to be together ever. What should we do? Just go with our story in the trv? I really dont know what to do now. Please help I really want to be with my love. Everyday is torture not being with him. :'( :'( :'(
 

CKYfun

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May 17, 2011
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I agree to seek legal advice if the divorce is illegal in philippines because in your case is little bit complicated.
 

Kedeisha

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Hi,

CKYfun said:
The best way to do is have a legal divorce and then get married. After that apply for spousal sponsorship from outside canada.
They can't get married as divorce is illegal in the phillipines

I agree seek legal advice, how long have you known your partner?
 

chelley

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CKYfun said:
The best way to do is have a legal divorce and then get married. After that apply for spousal sponsorship from outside canada.
there really is no such thing in the Philippines...

as far as the OPs issue... i have seen cases where claims in a TRV have been used to contradict claims in the PR application, that said, that was more for details such as children ect...

i know many people invite their other halves up as "friends" and not as partners and then proceed to marry and sponsor their "friend"... that was pretty much the case with our relationship and i didn't even really think twice about it... but our TRV applicaiton wasn't overly detailed, just an invitation to stay with a personal friend...

as long as your TRV application didn't give too many false details, i don't think it would make a huge issue to just go ahead and apply without mentioning the TRV applicaiton other than the fact that there was one... if there are significant details given in the TRV that are untrue and will be contradicted by your PR application, then it might be best to explain the situaiton... hard to say without knowing the details
 

chelley

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btw, i'd not suggest fabricating a relationship as your proof will likely not substiantiate that which could get you in further trouble...

your options would be to gloss over any contradictions between TRV and PR application and hope it's a non issue ( for example, simply calling your partner a friend in a TRV isn't necessarily a blatant misrepresentation that would be picked apart... they probably already see through half of the TRVs to sponsor "friends" anyways :) ) , or explain if you think the details provided are too contradictory to not attract attention...
 

missmini

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aaaah ur situation is a little tricky....if u would say directly that what u said in ur trv application is not true then how will they believe that what u say now in ur spousal application is true? (i talk abt ur first meeting, not necesarilly abt him inviting u as a dear friend :-\ )so be careful how u say it :-\ at the end maybe trying not to give a lot of details but lots of supporting evidence abt ur love and relationship could work...but if u would have an interview and they will ask u directly than u have to say the truth and then u won't know how forgiving they r :-\

it's normal that they deny trv applications: maybe they believed that u won't leave Canada (not enough ties with ur home country) or u cannot support urself financially....they should check at least one reason in their refusal letter

also r u sure u want to go the conjugal partner class? it's so hard to proove and u need to have some immigration barriers (u have but he does not); he needs to have very strong proofs and explanations for why he cannot move with u for one continuous year

as a nurse i think u could also apply for caregiver program (economy class) look into it

good luck!
 

Leon

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The conjugal class is meant for people who can't get married or live together. In this case, they can't get married because divorce is not allowed in the Philippines. If you do get the TRV, you could extend it in order to stay long enough to apply for common law. Otherwise, you should combine your affairs as much as possible. It needs to be clear that your marriages have ended and that you are separated from your spouses. Look at the application forms and think about things like have you made a will listing each other as your heir or do you have life insurances listing each other as beneficiary, things like that.
 

emrn

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Jun 8, 2011
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should i still go with our story in the trv? I was denied twice for trv. i even went to hk and macau just so that i have travel history, my money is enough and he was also sponsoring me for trv. He can't stay here because like what i said as much as i am seperated I am still legally married and my ex's family is really notorious and influential him being here will endanger him as well. he just said in the trv that i am a close family friend for 3 years but the truth is we just met last year. i really dont know what to do anymore.
 

emrn

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Jun 8, 2011
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Makati City, Philippines
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Manila
Job Offer........
Pre-Assessed..
App. Filed.......
02-09-2011 (September 02,2011)
File Transfer...
13-12-2011
Med's Request
13-12-2012 (remeds)
Med's Done....
27-07-2011/ remeds done 19-12-2012
Interview........
13-11-2012 Passed the Eligibility ;)
Passport Req..
27-12-2011 sent the same day
VISA ISSUED...
March 26, 2013 (DM: 28-03-2013)
LANDED..........
April 19, 2013
he is supporting me now, we have a joint acct that we opened last march when he was here, i am a beneficiary in his insurance, i will add him as a supplementary on my cc, we have out of town trips his parents and my parents already met we had dinner together. His dad will be giving a notarized testimony about our relationship and so are my mom and friends, we have chat history, skype, magic jack, western union, call history and emails. I just want to know how we go about our story in the trv and our real story now that we are going to apply for conjugal partnership.
 

missmini

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emrn said:
should i still go with our story in the trv? I was denied twice for trv. i even went to hk and macau just so that i have travel history, my money is enough and he was also sponsoring me for trv. He can't stay here because like what i said as much as i am seperated I am still legally married and my ex's family is really notorious and influential him being here will endanger him as well. he just said in the trv that i am a close family friend for 3 years but the truth is we just met last year. i really dont know what to do anymore.
travel history will not change their decision....even strong commitment to ur work or having ur own business might not change it...other strong ties with ur homeland would b: being owner of ur own home, land, car, education - u show them letter that u r enrolled to a degree and u go back to finish it...letter from teachers who would support that; also having go-return ticket with exact dates but it's better to buy it from a company which allows u to cancel it and get it refunded almost full in case of another rejection

unfortunately u should stick to the same story; they could check ur previous applications and see the difference....

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

missmini

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02-2013 (finalyyyyyy)
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emrn said:
he is supporting me now, we have a joint acct that we opened last march when he was here, i am a beneficiary in his insurance, i will add him as a supplementary on my cc, we have out of town trips his parents and my parents already met we had dinner together. His dad will be giving a notarized testimony about our relationship and so are my mom and friends, we have chat history, skype, magic jack, western union, call history and emails. I just want to know how we go about our story in the trv and our real story now that we are going to apply for conjugal partnership.
all ur proofs are great but i really don't know how u should approach...legal advice is better u don't want a ban for misrepresenting urself....also, ask on the manila thread maybe some had same experience with u and they could share :)
 

Boracay

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If your partner is in danger when if he comes to The Philippines because of your influential x-husbands connections then I think that could be a reason for conjugal. However the big problem with that is

1. You would have to PROVE that he is danger which would be difficult.

2. And PROVE that you both can not travel somewhere else in The Philippines and reside together. For example if your husband is in danger in the north, can u live in Cebu? They would wonder, why not.
 

sthomas

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missmini said:
unfortunately u should stick to the same story; they could check ur previous applications and see the difference....
That is true, an acquaintance of mine withdrew her PR (skilled immigrant) application and proceeded with working visa. She fabricated a little in her personal history on her new application, and after a few months, she was questioned by immigration of the inconsistency. After that, she doesn't talk about it anymore, so I have no idea what exactly happened, but all I know is, she has no visa until now.

@emrn
And yes, it happens at the same visa office as yours.
 

rjessome

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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.
 

chelley

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rjessome said:
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.
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)...