Can I file a divorse here in canada? Even my husband is in the Philippines?

[Ann2223]

Hi everyone! I arrived in Canada for over a year as a temporary worker, I was married 7 yrs ago back in the philippines and I have a son,i am seperated for almost 7 years to my husband but not legally seperated,and he has a new family back there, and ever since I never use his last name instead I use my status as a single, the question is, what if I will get marry to someone here in Canada, if I will file a divorse, isn't questionable to the immigration about my status? And how can I file a divorse while im here in canada?

 

[keesio]

If you listed your status as single in your application, then you likely misrepresented yourself and that could be trouble. Hopefully others can give you better advice...

 

[VioletBlue]

So you got married 7 y ago...and been divorced for Almost 7 years? How Short was the marriage??

 

[Ann2223]

We're not divorsed yet, we lasted 8 months then we seperated

 

[Mightytonewheel]

Hi everyone! I arrived in Canada for over a year as a temporary worker, I was married 7 yrs ago back in the philippines and I have a son,i am seperated for almost 7 years to my husband but not legally seperated,and he has a new family back there, and ever since I never use his last name instead I use my status as a single, the question is, what if I will get marry to someone here in Canada, if I will file a divorse, isn't questionable to the immigration about my status? And how can I file a divorse while im here in canada?

If you got married in the Philippines, and the Philippines considers you legally married by its laws, then Canada also considers you married. In other words, in Canada, you're married. It doesn't matter if you use his last name or not, or think of yourself as single. Until you get divorced, you're married.

As long as you're married, you cannot marry anyone else in Canada (or most other countries). To get divorced in Canada, you have to file an application with the court. The easiest method is to obtain your husband's consent for the divorce. If you want more information about this, you should probably contact a family lawyer.

If you get divorced from your husband and immediately marry a Canadian, and then apply for permanent residency under the Family Class, CIC will probably want to verify the authenticity of your new marriage. They would probably want to make sure you didn't get married simply to get permanent residency. Which isn't what you're doing, right?

 

[Mybarbiehead]

Isn't divorce illegal in the Philipines? I thought the only options there were legal separation and anullment, at least of 2015. Have the laws there changed?

 

[jag21]

I am married in philippines and got divorced in canada and remarry here canada. So yes, you can file your divorce here as long as you complete the 1 yr residency requirements base on divorced act of canada. The only problem you have is, if you want to sponsor someone and you entered here in canada as single instead of married you misrepresented your self immigration is very strict to that and they will charge you for 5 year ban.

 

[Ann2223]

I just declared that i am single but i declared my son to my application when I enter in canada

 

[Ann2223]

Is it posible to include my son if ever I apply for permanent residency, besides i declared as a single mother in my application

 

[KelseyTVS]

Is it posible to include my son if ever I apply for permanent residency, besides i declared as a single mother in my application

It's possible to include your son as a dependent but you've misrepresented yourself as single when you are married - that's your biggest problem.

 

[jag21]

Is it posible to include my son if ever I apply for permanent residency, besides i declared as a single mother in my application

Yes it is, the biggest problem you have if immigration ask for your cenomar.

 

[Ann2223]

Ok, so because of misrepresentation of myself, There is no more chance to be a permanent resident?even I will not include my son for the application of residency?

 

[Mhunter]

Ok, so because of misrepresentation of myself, There is no more chance to be a permanent resident?even I will not include my son for the application of residency?

Your son has nothing to do with it. You failed to tell CIC that you are married and wrote single instead, unfortunately this is misrepresentation and I don't think CIC will take that lightly.

 

[Aquakitty]

Ok, so because of misrepresentation of myself, There is no more chance to be a permanent resident?even I will not include my son for the application of residency?

It doesn't mean there is no chance, it means there is a greater chance you will have a more complex case (such as needing an interview). If/when you do apply for permanent residency, you need to come clean about this and provide a detailed explanation, so at least they know you aren't trying to hide anything.

You have to include your son in the application, even if he isn't accompanying you. Your son doesn't have anything to do with the situation though.

 

[keesio]

if you want to sponsor someone and you entered here in canada as single instead of married you misrepresented your self immigration is very strict to that and they will charge you for 5 year ban.

The 5-year ban is for something else. For the OP, she can never sponsor her current husband again (which doesn't seem like a big deal to her since they are separated). The other (and bigger issue for her) is that she committed misrepresentation and could be in jeopardy of losing her residence status in Canada (if CIC ever found out).