common-law partner sponsorship concern

[nezya]

My case is like this, I am married in the Philippines year 1999 but have been separated year 2004 (my husband left me). When I applied here as TFW last 2008 I declared married in my application since we are not legally separated neither annulled. Last 2009 I met my bf a Canadian and wanted to marry me so that he can sponsor me. A lawyer advised me to have a divorce here so I did, now I have the certificate. But somebody advised me that I should not marry here if I'm going to apply for spousal sponsorship because there is a possibility of refusal and I will be committing bigamy since there is no divorce in the Phil. So maybe this is true.

Me and my bf are living together for 17 mos now and we're planning to undergo the common-law sponsorship. So my status now is common-law.

1. What is the effect of this to my previous status (married) in my record in the immigration? I'm sure if I apply for PR the IO will look at my previous files. Can they charge me of misrepresentation?

2. My bf is receiving EI since the time we live together is he qualified to sponsor me or shall we wait when he has a regular job?

3. Since I am not legally separated from my husband what proof can I include in the application. I have the custody letter from him for my kid. Is declaration letter (notarized) from my previous superior who knows us valid? Or a declaration letter (notarized) from him that he left me is more convincing?

4. I chose to apply outland, can I use my home address in the Phil or my address here in Canada? By the way I'm still in-status as TFW.


5. To go back to my previous files, in the education I never included my other schools if I include them now do I have to include my transcript of records (no diploma)?

6. In the history, I started when I was in college so
1983-1987 student, 1987-1991 student again (this is the school I didn't include before), 1991-

 

[Baloo]

I will answer what I can.

My case is like this, I am married in the Philippines year 1999 but have been separated year 2004 (my husband left me). When I applied here as TFW last 2008 I declared married in my application since we are not legally separated neither annulled. Last 2009 I met my bf a Canadian and wanted to marry me so that he can sponsor me. A lawyer advised me to have a divorce here so I did, now I have the certificate. But somebody advised me that I should not marry here if I'm going to apply for spousal sponsorship because there is a possibility of refusal and I will be committing bigamy since there is no divorce in the Phil. So maybe this is true.

Me and my bf are living together for 17 mos now and we're planning to undergo the common-law sponsorship. So my status now is common-law.

1. What is the effect of this to my previous status (married) in my record in the immigration? I'm sure if I apply for PR the IO will look at my previous files. Can they charge me of misrepresentation?
If you include all information about the separation, there should be no issue with misrepresentation.

2. My bf is receiving EI since the time we live together is he qualified to sponsor me or shall we wait when he has a regular job?

EI is not welfare, he can sponsor you, but the IO may want to see how you can be supported by him.

3. Since I am not legally separated from my husband what proof can I include in the application. I have the custody letter from him for my kid. Is declaration letter (notarized) from my previous superior who knows us valid? Or a declaration letter (notarized) from him that he left me is more convincing?
I think the a legal separation document has to be the best way forward.

4. I chose to apply outland, can I use my home address in the Phil or my address here in Canada? By the way I'm still in-status as TFW.

You can use the address in Canada if you wish.


5. To go back to my previous files, in the education I never included my other schools if I include them now do I have to include my transcript of records (no diploma)?

I would assume so, but more importantly, CIC will want to know why you did not include the information before.

6. In the history, I started when I was in college so
1983-1987 student, 1987-1991 student again (this is the school I didn't include before), 1991-

Was there anything else?

 

[nezya]

I will answer what I can.

Was there anything else?

That's all... tnx

 

[nezya]

That's all... tnx

My case is like this, I am married in the Philippines year 1999 but have been separated year 2004 (my husband left me). When I applied here as TFW last 2008 I declared married in my application since we are not legally separated neither annulled. Last 2009 I met my bf a Canadian and wanted to marry me so that he can sponsor me. A lawyer advised me to have a divorce here so I did, now I have the certificate. But somebody advised me that I should not marry here if I'm going to apply for spousal sponsorship because there is a possibility of refusal and I will be committing bigamy since there is no divorce in the Phil. So maybe this is true. What do you think, should I include my divorce certificate in the application?

Me and my bf are living together for 17 mos now and we're planning to undergo the common-law sponsorship. So my status now is common-law.

1. What is the effect of this to my previous status (married) in my record in the immigration? I'm sure if I apply for PR the IO will look at my previous files. Can they charge me of misrepresentation?

2. My bf is receiving EI since the time we live together is he qualified to sponsor me or shall we wait when he has a regular job?

3. Since I am not legally separated from my husband what proof can I include in the application. I have the custody letter from him for my kid. Is declaration letter (notarized) from my previous superiors who know us valid? Or a declaration letter (notarized) from him that he left me is more convincing?

4. I chose to apply outland, can I use my home address in the Phil or my address here in Canada? By the way I'm still in-status as TFW.

5. To go back to my previous files, in the education I never included my other schools if I include them now do I have to include my transcript of records (no diploma) or just stick to my previous files?

6. In the history, I started when I was in college so :

and so on:
1992-2008 administrative staff
1991-1992 elementary teacher (I didn't include this too before)
1987-1991 student again (this is the school I didn't include before)
1983-1987 student

now if in the present application I include the 1987-1992 is this a misrepresentation?

Need your sound advise... thank you

Sorry the last part was cut...

 

[nezya]

I will answer what I can.

Was there anything else?

tnx for the reply:

You see in our country it is so hard to process legal separation and annulment and me and my husband are both our of the country so there is no chance that we can process it.

About my record maybe I should not declare my other schools and in my history maybe I should put unemployed on that 5 years gap.

 

[kelKel]

I'm just wondering why on earth would you have omitted those years on your previous application in the first place?

If you add the new information that you hadn't listed before and they cross reference your aplications they will wonder why you left it out before and yes it may be considered a misrepresentaion. If you put unemployed when you were actually teaching/student and then something pops up in a background check (it may, it may not?) you would be refused for misrepresentation. Its a catch 22 situation.

That's why honesty is very important from the get go when it comes to immigration.

 

[rjessome]

I'm just wondering why on earth would you have omitted those years on your previous application in the first place?

If you add the new information that you hadn't listed before and they cross reference your aplications they will wonder why you left it out before and yes it may be considered a misrepresentaion. If you put unemployed when you were actually teaching/student and then something pops up in a background check (it may, it may not?) you would be refused for misrepresentation. Its a catch 22 situation.

That's why honesty is very important from the get go when it comes to immigration.

In a TRV/WP application, it is only necessary to go back 10 years. It's not the same as a PR application.

1. CIC will recognize the Canadian divorce as valid in law. So as far as CIC is concerned, you ARE divorced.

2. He can sponsor you while on EI.

3. Provide the divorce order (from Canada) and the custody letter (which I am assuming was incorporated into the divorce order as well).

4. You are living in Canada so use the Canadian address.

5. What other schools are you talking about? Elementary, junior high? For a PR application, you must tell them how many years of formalized schooling you have in total and then start with high school onward as far as telling them the names and dates. It's the same as a TRV/WP application. No, you will not require transcripts.

6. For the PR application, you start from the age of 18 and continue until now. Be honest and include all times of unemployment as well.

 

[nezya]

I'm just wondering why on earth would you have omitted those years on your previous application in the first place?

If you add the new information that you hadn't listed before and they cross reference your applications they will wonder why you left it out before and yes it may be considered a misrepresentaion. If you put unemployed when you were actually teaching/student and then something pops up in a background check (it may, it may not?) you would be refused for misrepresentation. Its a catch 22 situation.

That's why honesty is very important from the get go when it comes to immigration.

Actually after I graduate from college I enroll again in another college for earn education units that was October to march 1988 then summer 1988 to October 1991 I transferred again to another college to continue earning education units. Unfortunately this last school have the policy that they don't consider second course (which is me to earn education degree) even if I finished the course. So. I got pissed of and hated that school. I have only transcript of record which is not complete because I needed them for taking the board exam. They will not release me a diploma and I didn't ask for a complete TOR.

When I applied to work here, I was in a rush to pass my documents to can embassy and to get certificate or TOR will take sometime. That's why I omitted them in the application. Do you think the CIC will have a background check regarding my history?

 

[nezya]

In a TRV/WP application, it is only necessary to go back 10 years. It's not the same as a PR application.

1. CIC will recognize the Canadian divorce as valid in law. So as far as CIC is concerned, you ARE divorced.

2. He can sponsor you while on EI.

3. Provide the divorce order (from Canada) and the custody letter (which I am assuming was incorporated into the divorce order as well).

4. You are living in Canada so use the Canadian address.

5. What other schools are you talking about? Elementary, junior high? For a PR application, you must tell them how many years of formalized schooling you have in total and then start with high school onward as far as telling them the names and dates. It's the same as a TRV/WP application. No, you will not require transcripts.

6. For the PR application, you start from the age of 18 and continue until now. Be honest and include all times of unemployment as well.

Yes, I want to include all my additional education history in another college but in my previous application I didn't include them cause I was in a hurry to pass the application in the embassy to come here and work and to get another transcript from that school takes sometime so I omitted them in the application. My fear is if I do that now in applying for PR maybe I will be charged of misrepresentation. What do you think?

 

[ariannecat]

theres no divorce in philippines, divorce will be valid only if the u or ur ex husband is foriegn national, if ur filipino and ur ex husband is filipino i think divorce is not applicable, anulment is applicable,, u canot marry ur canadian sponsor if ur still married, if u marry him and ur not annuled yet, the relationship will be excluded,and he wont be able to sponsor u, but u can apply as common law even ur not annuled yet.

 

[rjessome]

theres no divorce in philippines, divorce will be valid only if the u or ur ex husband is foriegn national, if ur filipino and ur ex husband is filipino i think divorce is not applicable, anulment is applicable,, u canot marry ur canadian sponsor if ur still married, if u marry him and ur not annuled yet, the relationship will be excluded,and he wont be able to sponsor u, but u can apply as common law even ur not annuled yet.

The OP said they received a Canadian divorce. This divorce IS valid. Maybe not in the Philippines but certainly for the purposes of CIC. Whether or not the Philippines recognizes foreign divorces is a moot point.

 

[ariannecat]

rjesome, if her and her ex husband is filipino, and they got married in the phil, she cant get divorce even in diff country, ddivorce is only applicable if shes foreing national and she marries shes filipino, or the other way, philippines will also recognize divorce if one of them is foriegn national, in the kit it says excluded relationship---you canot sponsor a spouse,if u were a spouse of another person by time of the marriage.

 

[missmini]

i cannot help much with all ur questions and concerns but i just want to emphasize this: for sure use ur Canadian address since u apply common-law, it will make ur case stronger; that address should b common for both u and ur sponsor and u should have a shared lease for it and many other common-law proofs

good luck!

 

[rjessome]

rjesome, if her and her ex husband is filipino, and they got married in the phil, she cant get divorce even in diff country, ddivorce is only applicable if shes foreing national and she marries shes filipino, or the other way, philippines will also recognize divorce if one of them is foriegn national, in the kit it says excluded relationship---you canot sponsor a spouse,if u were a spouse of another person by time of the marriage.

Not true. CIC WILL recognize the Canadian divorce. It does NOT matter that the Philippines will not recognize it. This is for immigration to Canada, not the Philippines. She is not the first person from the Philippines to do this and certainly won't be the last.

Look, if you don't believe me, call the Call Centre and ask.

 

[ariannecat]

nezya, i advice you confirm this in offices that will give you correct information , im just saying what i know, also read the kit from embassy manila(i think kits are diffirent in each country)