Can I Divorce my husband who is in the Phils?

[Marie815]

Question: In what capacity can a husband in the Philippines deport his wife and daughter who are now permanent residents here in canada when he signed legal separation papers and the declaration that he is agreeing that the child is immigrating with the mother?

 

[scylla]

Question: In what capacity can a husband in the Philippines deport his wife and daughter who are now permanent residents here in canada when he signed legal separation papers and the declaration that he is agreeing that the child is immigrating with the mother?

Your question is a bit confusing. If the wife and daughter are PRs - then unless they obtained their PR status through fraud - they can keep their PR status. There's nothing the husband can do.

You would need to provide more details for us to more specifically understand and answer your question.

 

[Marie815]

The wife was under live-in caregiver program and submitted her application for PR in 2012 but has not included her husband to come to Canada (only the daughter). In 2015, a legal separation papers was sent to the husband in the Philippines and he signed for it and was notarized by a lawyer. He also signed a declaration stating that he has no objection for his daughter to immigrate with the wife in Canada. Now, PR has been granted to the wife and daughter last april of this year. However, the husband was saying that he has consulted a lawyer from the Philippines that he can deport both the wife and daughter.

 

[Buletruck]

He (and his lawyer) can’t deport anyone from Canada! Only IRCC can do that. And unless she committed some form of misrepresentation on her application, she can ignore his threats.

 

[Marie815]

He (and his lawyer) can’t deport anyone from Canada! Only IRCC can do that. And unless she committed some form of misrepresentation on her application, she can ignore his threats.

Thank you Buletruck! The declaration form he signed was the form from IRCC (declaration for non-accompanying parent). They also have legal separation agreement signed and notarized by both of their lawyers. In other words, they are legally separated since 2015.

 

[scylla]

Thank you Buletruck! The declaration form he signed was the form from IRCC (declaration for non-accompanying parent). They also have legal separation agreement signed and notarized by both of their lawyers. In other words, they are legally separated since 2015.

The only way I see that deportation would be possible is if the wife committed misrepresentation in her application and said she was single when she was in fact separated.

 

[Marie815]

Nope. She declared on her application that she was married. She also submitted a declaration to IRCC that she is not including her husband to her application. When she had her legal separation, she then submitted a copy of this to IRCC.

 

[faithey]

The wife was under live-in caregiver program and submitted her application for PR in 2012 but has not included her husband to come to Canada (only the daughter). In 2015, a legal separation papers was sent to the husband in the Philippines and he signed for it and was notarized by a lawyer. He also signed a declaration stating that he has no objection for his daughter to immigrate with the wife in Canada. Now, PR has been granted to the wife and daughter last april of this year. However, the husband was saying that he has consulted a lawyer from the Philippines that he can deport both the wife and daughter.

It sounds like he's lying

 

[Marie815]

I gather that the husband was pushing the wife to file annulment in the Philippines and if it does not happen within 6 months, he would have the wife and the daughter deported.

 

[JulianaAndrew]

I gather that the husband was pushing the wife to file annulment in the Philippines and if it does not happen within 6 months, he would have the wife and the daughter deported.

He simply cannot get them deported, there's nothing he can do about it. If the wife didn't commit misrepresentation, which appears to be the case, the husband can do absolutely nothing about her PR status in Canada. Anything else is just false threats.

 

[scylla]

Nope. She declared on her application that she was married. She also submitted a declaration to IRCC that she is not including her husband to her application. When she had her legal separation, she then submitted a copy of this to IRCC.

In that case she's fine. Husband threats are empty threats.

 

[bebang614]

Hi,anybody here can help me with my case
I process my divorce 2 years ago,my ex husband contested and asking for financial support.My divorce was rejected twice because the judge want me to comply with his demand.We don’t have kids,he doesn’t want to come here and had the guts to ask money from me.We only lasted two years and it’s been four years no contact.He is currently in the Philippines.When he filed his counterclaim he did not pay but the court still wanting me to comply,for me that’s not fair,I paid my part and not given a chance.I can’t afford to pay lawyer now.He is still posting nasty things against me inspite of no contact for years,I think he is still bitter.Please advice!
Thank you!

Bebang

 

[canuck_in_uk]

Hi,anybody here can help me with my case
I process my divorce 2 years ago,my ex husband contested and asking for financial support.My divorce was rejected twice because the judge want me to comply with his demand.We don’t have kids,he doesn’t want to come here and had the guts to ask money from me.We only lasted two years and it’s been four years no contact.He is currently in the Philippines.When he filed his counterclaim he did not pay but the court still wanting me to comply,for me that’s not fair,I paid my part and not given a chance.I can’t afford to pay lawyer now.He is still posting nasty things against me inspite of no contact for years,I think he is still bitter.Please advice!
Thank you!

Bebang

Your situation is not related to immigration. You need to seek legal advice.

 

[bebang614]

Your situation is not related to immigration. You need to seek legal advice.

Okay Thank you.

 

[msb]

Are you serious?

She is from phillipines where its a major offence, so yes i am sure she is serious