Divorced in canada but not annuled in the philippines

[Zynah]

I am seeking for advice, I am divorced but my marriage in the Philippines is not yet annuled, i am getting married to my bf next month he is a canadian citizen and he will sponsor me here but i cant change my passport name which is my ex husband last name until our marriage is annuled. Does my passport name will affect our application? I can change my last name here in canada but not my passport. Please help me.

 

[jag21]

I dont think it will affect your application besides VO is looking for a real and fake marriages not the passport last name as long as the person written in your passport is you there's nothin to worry about.

 

[Zynah]

Thank you, i have a current PR application right now but seems it will be refused due to my ex husband doesn't allow my son to go for medical cic gave 30days to submit the medical but its impossible, my son is living with him and he is 4years old, but I am planning to go home soon to get the cutody. can I start another Pr application under spousal sponsorship? Is it allowed to have 2 applications at the same time? Or if my first nomination will be refused can I apply another application right away? Thank you so much.

 

[jag21]

Your name is already in their file or syatem so its impossible to send another sponsorship. if you dont have a plan getting your son in the philippines just make a letter saying that, you dont have any plan getting your son and all you want is to get him examined for your PR application something like that get it notarized and give it to your x maybe he change his mind. Getting a legal custody in the philippines takes too long specially when your x doesnt cooperate. Send a case specific enquiry to your VO and try to explain your situation. Dont lose hope god will always be there for us.

 

[Aquakitty]

You should probably consult a lawyer, however if you hope to get custody of your son, I implore you to hold off on your application (you can withdraw it) until you have that sorted out. You can submit a letter explaining the situation, but then you have to agree that you can NEVER sponsor your son in the future. Think carefully about this.

Can you offer your husband money or use some other convincing method to get him his check-up?

 

[Zynah]

A big thanks for your advices, my ex really dont want me to get my PR he is trying to make my application delayed or get refused, I am thinking of better future for my son if I can get him here, way better than Philippines.. I spoke today to the consulate officer from toronto they said my passport name will affect if we applied for spousal sponsorship. They advice me to do the annulment first before we do the sponsorship. But annulment takes awhile and my work permit will expired om mid of year 2017.. Which is my 4year stayed in Canada.. My situation is really hard..

 

[jag21]

Dont be confused about philippine law and canada law. Canada doesnt care about philippine law you are applying sponsorship to canada so they will use their own law and system.

 

[Zynah]

I can widraw my current application if my passport name will not be a problem in applying spousal sponsorship, thats the only problem I am thinking. I will consult a lawyer this week and see what they can advice me.

 

[Taddy]

Canada will ask for documented evidence that the applicant has sole custody of the child.

I know this because I was asked to provide this last month.

 

[jag21]

As far as I know If you include your son as non accompanying dependant you dont need a proof of custody but your son still need to be examined that way you still have time to go back in the philippines to file the legal custody. You can sponsor your son anytime as long as you include him With your application as dependent.Just consult a lawyer for your own peace of mind.

 

[Aquakitty]

Correct you don't need custody but if you don't go through with his medical you can never bring him to Canada as your dependant.

 

[Taddy]

Ah sorry, I thought the OP was wanting to bring her son with her at the same time she landed. My daughter is an accompanying dependent hence why CIC askid for proof of sole custody.

 

[Zynah]

I am so glad and very thankful for all your help, for now put my son as non accompanying, because I haven't file for the custody, and I think eventhough I have the custody I still cant take my son out of the country(Philippines) without my ex permission. I am having a hard time for now for the medical of my son im still trying to convince my ex.

 

[jag21]

You dont need your x permission once you have a full custody of your child beause all of the parental rights and responsibilities will go to you.

 

[Zynah]

You dont need your x permission once you have a full custody of your child beause all of the parental rights and responsibilities will go to you.

I hope that I can do that, a lot of people saying that I need his permission to take my son here in Canada, at the Airport or immigration they will ask for the notarized letter saying that he is agree that I can take my son out of the country. Thank you very much, I really appreciated your help.