Common Law Spouse is legally married in Philippines. Can I bring her to Canada?

[Boracay]

Tricky situation we are in....I'll explain

We've been living together for slightly under a year. In the Philippines divorce is illegal. Her relationship with her former husband ended a couple years ago.

As much as I love living here there is no way for me to make money and reality will hit one day, probably within a year when I will have to go home and work.
Of course I don't want to leave my wonderful woman and would love to bring her back to Canada.
At this point I'd be more than willing to pop the question and marry her but it's impossible here. I know we can get her marriage annulled but it costs a fortune and can take years.

I also heard that we can go to Canada as a conjugal partnership which is similar to marriage. We would have to have lived together for 1 year which is coming up soon. Is this correct? Not sure if the terminology is correct conjugal or common law....we've been together continuously and plan to remain that way

but some questions....

What sort of proof would the Canadian Embassy need to show we are common law and been living together for a year?
We have plenty of pictures and plenty of references but no rent or bills in both our names. She's not so close with her family. I'm yet to meet them although we've spoke on the phone. I'm pretty sure they think my name is "Joe" and will ask me for money every chance they get which is why she is hesitant on me meeting them haha plus we live in Boracay and they live quite far up North.

What does that mean?
Can she be a permanent resident?
Can she work?
Can she divorce him in Canada (Although Philippines wouldn't recognize it) Does it even matter, like would there be a point to it?
Can she marry in Canada?

Can she get in trouble here in The Philippines years down the road coming back to visit family (for example for bigotry having 2 husbands or something ridiculous like that?)

If there are plenty of "no's" to the questions I asked.....Is it hopeless? Do we have options?

Not sure if its relevant but
I have a stable life at home, good job awaiting me, likely easy to find her a job.
We're both similar aged, late 20's early 30's. I've never been married.
And I'm confident in our relationship, knowing she has been truthful and has no interest for a free ride into our country etc

Thanks so much!
sorry for so many questions at once

 

[rjessome]

Ok, I will answer your immediate question which was if it was possible to sponsor your GF as a Common-law partner (after living together for 12 consecutive months) even though she is married to someone else. The answer is Yes.

For the other questions, please read through OP Manual 2 as it will both answer some of your questions and enlighten you regarding the processing of applications. Then come back and ask more questions.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

 

[RobsLuv]

Tricky situation we are in....I'll explain

We've been living together for slightly under a year. In the Philippines divorce is illegal. Her relationship with her former husband ended a couple years ago.

As much as I love living here there is no way for me to make money and reality will hit one day, probably within a year when I will have to go home and work.
Of course I don't want to leave my wonderful woman and would love to bring her back to Canada.
At this point I'd be more than willing to pop the question and marry her but it's impossible here. I know we can get her marriage annulled but it costs a fortune and can take years.

I also heard that we can go to Canada as a conjugal partnership which is similar to marriage. We would have to have lived together for 1 year which is coming up soon. Is this correct? Not sure if the terminology is correct conjugal or common law....we've been together continuously and plan to remain that way

When you can submit, with an application to sponsor her for permanent residence, proof that you have continuously cohabitated for a period of at least one year, you qualify as common-law partners and you would apply as such. The conjugal partner category waives the cohabitation requirement for couples who are unable to cohabitate, or to marry, due to being prevented from living in each other's countries - or due to fear of persecution due to the nature of their relationship. You have been living together, so you will be expected to do that for a period of at least one year and then be able to prove it.

but some questions....

What sort of proof would the Canadian Embassy need to show we are common law and been living together for a year?
We have plenty of pictures and plenty of references but no rent or bills in both our names. She's not so close with her family. I'm yet to meet them although we've spoke on the phone. I'm pretty sure they think my name is "Joe" and will ask me for money every chance they get which is why she is hesitant on me meeting them haha plus we live in Boracay and they live quite far up North.

You have to be able to prove that you have co-habitated - because that's the qualification for her to be eligible to be sponsored. All I can suggest is that you read through the proofs mentioned in the OP2Processing Manual - Sections 5.34-5.36

Can she be a permanent resident?

She can be a permanent resident if they assess her application and find that you are in a qualifying relationship AND you prove that it is a "genuine relationship", not just one entered into to get her into Canada. This is required of everyone.

Can she work?

Once her PR is finalized and she is "landed", yes, she can work.

Can she divorce him in Canada (Although Philippines wouldn't recognize it) Does it even matter, like would there be a point to it?

Probably not - but it wouldn't matter. Common-law partnerships are recognized basically like marriages once you're in Canada anyway, so there wouldn't be any point in that regard.

Can she marry in Canada?

As far as I know, no - not without being legally divorced in her own country. But you can probably find some people from the Phils on this forum who can tell you for sure how that all works.

Can she get in trouble here in The Philippines years down the road coming back to visit family (for example for bigotry having 2 husbands or something ridiculous like that?)

No clue - again, see if others from the Phils can help with that question.

If there are plenty of "no's" to the questions I asked.....Is it hopeless? Do we have options?

No, it's not hopeless but you might have a struggle proving your cohabitation if you have no lease agreements, bills, etc., together to show for the time you've lived together. You might have to start putting stuff like that together and wait until you have a years' worth of proof; you need to be able to substantiate the qualification period you put out there.

Not sure if its relevant but
I have a stable life at home, good job awaiting me, likely easy to find her a job.
We're both similar aged, late 20's early 30's. I've never been married.
And I'm confident in our relationship, knowing she has been truthful and has no interest for a free ride into our country etc

Your stable life at home and good job waiting for you doesn't prove much - except that you will need to include that with the application to prove your intention to actually return to Canada. Oh, and you can only apply to sponsor her while you're still living in the Phils if you are a Canadian citizen. As far as you being confident in the relationship and trusting her - that's great, except it's not enough to convince CIC. The two of you will need to put together an application packet that illustrates how you met, how your relationship developed, photos of you with friends and/or family, on holidays, proof of keeping in contact if you've been apart, etc. They are going to assume she wants a free ride into Canada - it's up to the two of you to demonstrate that as not being the case. Again, the OP2 Processing Manual can help with ideas not only on how they assess the cohabitation piece, but how they assess the genuine nature of the relationship.

 

[rjessome]

RobsLuv is MUCH nicer than me. :-*

 

[RobsLuv]

No, I'm not. I'm just not as busy as you are!! Hugs!! :-* Although I do have to leave soon to pick up my daughter!!

 

[Boracay]

You're both great

I've got a few questions still of course but many have been answered. Aside from ensuring that the proper evidence is gathered, complete and ensuring that I have lots of evidence, not just a few photos. Not so difficult since we have been living together already for a quite a long time.

It almost seems to easy....which scares me because well, this kind of thing doesn't seem like it will be easy.
I also failed to ask what this sort of thing will cost us.

Thanks so much btw

 

[rjessome]

You're both great

I've got a few questions still of course but many have been answered. Aside from ensuring that the proper evidence is gathered, complete and ensuring that I have lots of evidence, not just a few photos. Not so difficult since we have been living together already for a quite a long time.

It almost seems to easy....which scares me because well, this kind of thing doesn't seem like it will be easy.
I also failed to ask what this sort of thing will cost us.

Thanks so much btw

The total cost in fees paid to CIC is $1040. However, it's NOT easy. Don't take this lightly as too many people have been refused because they felt they didn't need to take this application seriously. READ that manual. If you decide to do the application yourself, make SURE you have done a very thorough and organized job that will be convincing to a third party that has NO idea who you are. DON'T assume anything. If you decide to hire a representative to help you, it will probably cost an additional $1500 to $2500 in legal fees and make SURE they are good. Get references.

Best of luck.

 

[Baloo]

It almost seems to easy....which scares me because well, this kind of thing doesn't seem like it will be easy.

Don't fall into that mindset, it is far from easy.

Take it very seriously, read all the instructions, don't assume anything.
Attention to detail, patience and more patience are the minimum requirements

Good luck.

Don't forget that a real relationship is hard to prove to people who don't know you.

 

[Boracay]

Not easy - point noted. I understand that it is their job to find holes in peoples story to prevent people from illegally entering.

So I've went back in time to see what I can scrounge up.

We've actually been living together for 6 months......been together for longer....So at least 6 months more before we can apply, correct?
Any way to start the process or visit embassy shortly before to get paperwork and a better understanding or best to wait it out?

1. So far I've found all our old text messages saved on my iphone, I can print all these out, they are dated and to my knowledge the date can't be changed or text altered so thats a good thing.

2. I've got all our rent receipts with the apartments contact name on it since we moved in and can continue to collect those.

3.We will immediately start a joint bank account together, and have action in it. She doesn't have enough credit to apply for a credit card and me being a foreigner can not either so it's unlikely I can prove what the expenses from that account are for.

4. I've got a bunch of pictures of us together on facebook and on facebook I can print the screen therefore they are dated. First one was October 8th. I realize we don't nearly have enough, maybe 12 of us together! So I will continue to take more over the next months.

5. We do not have bills as the bills are included in our rent. Cell Phone bills are pay as you go. So these things can not be under both our names.

Is there anything else one might recommend we can do? And if u can foresee any problems with the above? I'd like to make this as rock solid as possible.

If we were to apply next October or November. How long is the application process? Can we apply knowing we want to go back to Canada months later or is it the type of thing where once we're accepted we must go?

I don't know who you people are, but this is an awesome website and you guys are very helpful! Thanks so much!

 

[Baloo]

Not easy - point noted. I understand that it is their job to find holes in peoples story to prevent people from illegally entering.

So I've went back in time to see what I can scrounge up.

We've actually been living together for 6 months......been together for longer....So at least 6 months more before we can apply, correct?


Yes
Any way to start the process or visit embassy shortly before to get paperwork and a better understanding or best to wait it out?

You can download an application kit.
Also read Leon's post here:
http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg344291#msg344291

And check http://immipedia.ca

1. So far I've found all our old text messages saved on my iphone, I can print all these out, they are dated and to my knowledge the date can't be changed or text altered so thats a good thing.

Good

2. I've got all our rent receipts with the apartments contact name on it since we moved in and can continue to collect those.
Good

3.We will immediately start a joint bank account together, and have action in it. She doesn't have enough credit to apply for a credit card and me being a foreigner can not either so it's unlikely I can prove what the expenses from that account are for.
Good, no CC shouldn't be a problem.

4. I've got a bunch of pictures of us together on facebook and on facebook I can print the screen therefore they are dated. First one was October 8th. I realize we don't nearly have enough, maybe 12 of us together! So I will continue to take more over the next months.

Quality not quantity You may want to place digital images in a word document or PDF file, caption them, who, what, where, when. If the images have other people in them, family or friends, what is their relation ship to you or your partner. If you are not in the picture, note that you were taking the pic' (if you were doing so).


5. We do not have bills as the bills are included in our rent. Cell Phone bills are pay as you go. So these things can not be under both our names.
Can you get some proof these bills are included, if yes, great.

Is there anything else one might recommend we can do? And if u can foresee any problems with the above? I'd like to make this as rock solid as possible.

You are trying to convince someone you do not know that you are a genuine couple. Check out other threads here on pictures and proof.

If we were to apply next October or November. How long is the application process? Can we apply knowing we want to go back to Canada months later or is it the type of thing where once we're accepted we must go?

All application times are here, they are estimates, cases vary...
http://www.cic.gc.ca/english/information/times/index.asp

You have to land, before the visa expires, but you can land and travel back to "tidy up".

I don't know who you people are, but this is an awesome website and you guys are very helpful! Thanks so much!

Mainly normal immigrants, some are a little crazy from all the waiting

 

[Boracay]

OK I have read 2 things I may need clarification for.

1. (Page 28) of the cic form listed above
My Common Law Partner was married March 10th 2010 and her legally married spouse abandoned her immediately.
We don't have proof of that really, but can get her parents to sign for that if needed.

So she has been separated from him for (todays date is April 9th) 13 months.

We started cohabiting together in October 2nd 2010....So I was hoping I can prove we have been living together since October.
However on page 28 I think it mentions that she must have been away from her legally married spouse for 1 year and then can start the process of cohabitation. My guess that would be March 2011 which is only last month.
Is this correct? Naturally I'd like to be able to say legally say that we've been cohabiting since Oct and not March.

=====

I read that the processing time for The Philippines will take for me 28 days for Step 1
and 9 months for her

The question is....Currently my financial situation is ok to wait, however it is still fragile especially if waiting for an extra long time. (Especially if our cohabitation starts in March 2011 rather than last October 2010)
What would happen if I found I ran out of money and could not possibly reside here and have to go back to Canada to support us? My guess is a different application, different set of rules and longer waiting? or please correct me if I'm wrong!

 

[Boracay]

*knock knock* Anyone have any ideas to the avove? =o)

 

[canadianwoman]

For common-law you pretty well have to have lived together for one year. If you run out of money and go home, CIC won't accept that as a reason for not having lived together long enough.
If you have not lived together for one year, you could apply as conjugal partners, but this class is hard to prove. In your case, where monetary concerns would be the only thing keeping you apart, I don't think a conjugal class application would work.

The visa officer may want to know why her marriage ended so quickly, because she started cohabiting with you awfully soon after getting married to someone else. A notarized lette from her parents will help.

You not having met her family may be seen as a problem. Try to get her to introduce them to you, and take lots of photos together. She should develop a relationship with your family as well, if possible.

If both your names are not on the apartment lease, submit what you have, but also get an affidavit from the landlord stating that the two of you are living there together, from (date). You can include that the utilities are included in this affidavit as well.

 

[Boracay]

Yeah I am concerned also about her former marriage ending so soon (he abandoned her) as in the eyes of the officer I'm sure (s)he'll wonder if that will happen to us, or if she is pre-planning to do that with me etc. The answer is an absolute NO, but of course the onus of proof is on us which I'm a bit concerned of exactly how to go about that.

Notarized letter is a great idea, thanks Canadian Woman =)
Meeting her family I'm willing to do but she doesn't have much faith in her family to meet me. They pressured her into her last marriage and look towards people like me as an income source which is why she's embarrassed for me to meet them. But I am hoping to be able to convince her that we need to meet them for their approval or something...It's emotionally difficult for her to do but maybe it's in her best interest if it's needed.

I'm sharing all this because there are likely people with similar experiences who have been through similar stories

Thank for your help!

 

[mrsh]

They might see you as an income source- Prove them you're not an atm machine when you meet them. LOL.

Dont think im judgemental. this just caught my attention while reading your post. In my opinion, if she's not hiding something then there's nothing to be worried for you meeting her family. Let's say she was hurt by what they did to her but im sure not to the extent that she still doesnt wanna see them considering this a big step for her to be with you in Canada forever.

Talking to people who have known her longer than you do would atleast give you an insight aside from those she tells you. Meeting her family is important as you'll get an idea how she was raised. Im not saying that your woman cant be trusted, but it is better to be safe than regret in the end.

Sorry i cant say anything to help but I hope you'll get everything fixed soon. God bless

Yeah I am concerned also about her former marriage ending so soon (he abandoned her) as in the eyes of the officer I'm sure (s)he'll wonder if that will happen to us, or if she is pre-planning to do that with me etc. The answer is an absolute NO, but of course the onus of proof is on us which I'm a bit concerned of exactly how to go about that.

Notarized letter is a great idea, thanks Canadian Woman =)
Meeting her family I'm willing to do but she doesn't have much faith in her family to meet me. They pressured her into her last marriage and look towards people like me as an income source which is why she's embarrassed for me to meet them. But I am hoping to be able to convince her that we need to meet them for their approval or something...It's emotionally difficult for her to do but maybe it's in her best interest if it's needed.

I'm sharing all this because there are likely people with similar experiences who have been through similar stories

Thank for your help!