Common Law in Canada

[MAYOAKO]

Hello everyone.

I would like to seek an advice for a friend of mine. My friend has a common law partner in Canada who has a husband back in the Philippines. There are now both PR here and are planning to get married here in Canada. So they filed a divorced here for her marriage in the Philippines but the husband doesn't want to cooperate and doesn't want let her go and he even threatened her that he will report her to the immigration and get her deported. What is the best thing for her to do? She is scared that she would get deported. She's been here in Canada for 5 years. And she visited home once.

 

[k.h.p.]

She can apply for divorce in Canada but service of the foreign spouse may be challenging.

 

[MAYOAKO]

She can apply for divorce in Canada but service of the foreign spouse may be challenging.

Would it be more difficult for her if the husband doesn't cooperate on the divorce and would it possible for her to get deported because of having a common law partner here while she's still legally married back home.

 

[k.h.p.]

She can't be deported for this. It's not criminal in Canada to have a common law partner while being married to someone else.