Complicated Case (Divorce/ Fiance/ MPNP/ Tourist Visa)

[gdoodles16]

Hi. I have a very complicated case here. I badly need advise/s and help.

Here's my story...

I am a registered nurse, living here in Winnipeg, with a daughter, as permanent residents. I am separated with my husband (I already filed a divorce case,but it is still ongoing). My husband & I are both here in Canada. Since our separation, I had disclosed here in Canada(in all the government agencies) that I am "separated."

After which, I had a fiance (who is still in the Philippines), then we had a son (I got pregnant when I just had a holiday in the Philippines early 2012).When I came back here, I was pregnant). I bore my son here in Canada. But only last September 2012 (as my maternity-parental leave would end) I made a very hard decision to bring our son to the Philippines and stay there temporarily, so he can be with his dad and grandparents,and also because I do not have any family here who would take care of the baby while I would be away at work. It's just me and my daughter here in Winnipeg.

Now my dilemma is about how to get my fiance here in Canada after my divorce.

Lawyers in the Philippines say that I cannot remarry there because I am divorced here in Canada, & so, such wouldn't be honored in the Philippines. On the other side of the coin, how will I marry my fiance here in Canada? I have read in previous internet articles that "marriage" can not be a reason to get a Tourist Visa. So maybe I cannot get him a tourist visa???...We are also not considered as "Common law PArtners" because we did not live together for a minimum of 1 year, though we have a son.

Can I apply for him through the MAnitoba Provincial Nominee Program? (and how?-- I guess not as a FAMILY right?..but as a FRIEND???). He is also a nurse and he has passed the MPNP score /requirements.

I am really confused and already losing hope. I really wanted to be with my fiance and my son,for our family to be complete. Please help me Thank you very much in advance.

 

[nezya]

Hi. I have a very complicated case here. I badly need advise/s and help.

Here's my story...

I am a registered nurse, living here in Winnipeg, with a daughter, as permanent residents. I am separated with my husband (I already filed a divorce case,but it is still ongoing). My husband & I are both here in Canada. Since our separation, I had disclosed here in Canada(in all the government agencies) that I am "separated."

After which, I had a fiance (who is still in the Philippines), then we had a son (I got pregnant when I just had a holiday in the Philippines early 2012).When I came back here, I was pregnant). I bore my son here in Canada. But only last September 2012 (as my maternity-parental leave would end) I made a very hard decision to bring our son to the Philippines and stay there temporarily, so he can be with his dad and grandparents,and also because I do not have any family here who would take care of the baby while I would be away at work. It's just me and my daughter here in Winnipeg.

Now my dilemma is about how to get my fiance here in Canada after my divorce.

Lawyers in the Philippines say that I cannot remarry there because I am divorced here in Canada, & so, such wouldn't be honored in the Philippines. On the other side of the coin, how will I marry my fiance here in Canada? I have read in previous internet articles that "marriage" can not be a reason to get a Tourist Visa. So maybe I cannot get him a tourist visa???...We are also not considered as "Common law PArtners" because we did not live together for a minimum of 1 year, though we have a son.

Can I apply for him through the MAnitoba Provincial Nominee Program? (and how?-- I guess not as a FAMILY right?..but as a FRIEND???). He is also a nurse and he has passed the MPNP score /requirements.

I am really confused and already losing hope. I really wanted to be with my fiance and my son,for our family to be complete. Please help me Thank you very much in advance.

hello, why not try as conjugal partner? read something about conjugal partner just build up evidences like receipt when you send money, call history, joint property, photos, anything that can prove that you were together, visit him once in a while... let him apply for tourist visa if he got denied the immigration will think that you really want to be together. You can get married here in Canada bec. you are divorced already they can honor it here but in the Philippines you are still married who cares you gonna live here not in the Philippines.

 

[gdoodles16]

Hi. Thanks for the reply and info.

I have read about the previous article in this site with regards to Spousal/ Common Law/ Conjugal PR Applications. And it was mentioned there that the Conjugal type is the "hardest" to prove,making it having the "least chance" to get approved. But if I would be left with no other better option, maybe I'll try our luck with that. Thank you for the advise.

My fiance and I have pictures together, letters (from Philippines-Canada and vice versa), we are holding receipts (of my remittances to him), we have friends as witnesses, I went home(in the Philippines) 2x for a vacation since he's been my fiance, and we have a baby (who holds his dad's name in his birth certificate). But I am still not confident enough if I can apply him as a conjugal partner. I'm still looking for better ("more chances of visa approval") options of visa application that I can apply for him so as for him to get here..so we can get married. In some articles, I've read that "getting married" cannot be a reason for one to apply as a Tourist Visa. So how can he get here?

 

[Twelfty12]

Is there a country nearby that you could get married in?
As long as it is recognized in Canada, it will qualify you as spouses.

 

[rhcohen2014]

if he's a nurse, can he apply as a foreign worker? nurses are in high demand in Canada, and it may be one of the express entry options available.

 

[gdoodles16]

You are right! Thank you for sharing with me that idea. But how do I know if a country is recognized by Canada? Do you have any idea which internet site can I look about that? I will try to search for these list of countries.

 

[SenoritaBella]

You have to get divorced first(i.e. get the divorce decree), before you can even think of marrying your fiance. If you marry him now(when you are not officially divorced yet), the marriage will not be recognised by CIC (and Canada), and the sponsorship application will be rejected.

 

[rhcohen2014]

I would probably start on the CIC site and follow the links for foreign workers and nursing specifically. it may provide some information where to start. also, on the main page here, there are forums for work visas, so there will be people with better insight for that route.

 

[gdoodles16]

if he's a nurse, can he apply as a foreign worker? nurses are in high demand in Canada, and it may be one of the express entry options available.

The Federal Skilled Working class visa application in MAnitoba is closed right now,that's why he can't apply here through such application. Thanks for the reply though. It's much appreciated.

 

[gdoodles16]

You have to get divorced first(i.e. get the divorce decree), before you can even think of marrying your fiance. If you marry him now(when you are not officially divorced yet), the marriage will not be recognised by CIC (and Canada), and the sponsorship application will be rejected.

It is illegal in Canada to have more than one wife or husband. If you marry your fiance now, you will have a husband in the Phillipines and another one in Canada and it is a crime.

Yes I am aware of that. At present, am still waiting for my divorce decree with my "ex". I am just thinking/planning ahead right now of what and how I could apply a visa for my fiance after the divorce. Thank you for the reply.

 

[gdoodles16]

Is there a country nearby that you could get married in?
As long as it is recognized in Canada, it will qualify you as spouses.

I thought this is going to be an awesome solution already, but while I was browsing the net, I found out that this still may be not an option because I am still a Fil. citizen & I still hold a Phil. passport...as well as my fiance. So the rules in Philippines may still apply to us.. I am not allowed to remarry as in the Phil. Law...may be charged with "bigamy" if I do..'coz Divorce is not recognized in the Phil. unless you are not a Fil. citizen anymore. But I will still try to query to some Fil. lawyers about this.

Your advise is much appreciated. Thanks!

 

[Twelfty12]

I thought this is going to be an awesome solution already, but while I was browsing the net, I found out that this still may be not an option because I am still a Fil. citizen & I still hold a Phil. passport...as well as my fiance. So the rules in Philippines may still apply to us.. I am not allowed to remarry as in the Phil. Law...may be charged with "bigamy" if I do..'coz Divorce is not recognized in the Phil. unless you are not a Fil. citizen anymore. But I will still try to query to some Fil. lawyers about this.

Your advise is much appreciated. Thanks!

I wish there was more I could do to help!
I hope they find you the loophole so that everything goes smoothly for you once that divorce is done and out of the way
I'm praying for you!

 

[gdoodles16]

I wish there was more I could do to help!
I hope they find you the loophole so that everything goes smoothly for you once that divorce is done and out of the way
I'm praying for you!

Thank you so much for your reply and your nice thoughts and prayers! =)

A Phil. lawyer already replied to me.. said that I can't still remarry in other countries (except here in Canada) bec. I am still a Filipino. I could remarry in the Phil. ,or somewhere else, once I am already a Canadian citizen...If this happens, our divorce papers/decree would still have to undergo some judicial process first, it’s called petition for recognition of foreign divorce decree. Then only I could remarry in the Phil/wherever , after then.

But here in Canada, my fiance and I could be married. But my problem is how to bring him here...which visa to apply to..

Too much complication eh? I just wish I didn't ever marry my "ex". lol..

 

[canuck_in_uk]

Your case is pretty much exactly what the "Conjugal Partner" class was made for. If he can't get a TRV, then you guys have a good case for conjugal. An immigration barrier prevents him from coming to Canada and Philippine law prevents you from marrying him or becoming common-law with him in the Philippines.

 

[gdoodles16]

Your case is pretty much exactly what the "Conjugal Partner" class was made for. If he can't get a TRV, then you guys have a good case for conjugal. An immigration barrier prevents him from coming to Canada and Philippine law prevents you from marrying him or becoming common-law with him in the Philippines.

I also thought about that "conjugal visa" application and read about it awhile ago...but my fiance haven't tried to apply yet for a TRV here, nor wasn't "denied" yet. So I guess he should apply for that first and get denied so he can apply for a "conjugal visa " eh?

Thanks a lot for your advise. It really gave me another option to think about and to try.