Divorcing spouse whose outside Canada

[Janna2020]

Hi! Good day to all. My boyfriend has a pending application under humanitarian. Can he file a divorce here in Canada to his spouse whose in the Philippines? They got married in Philippines. Thank you and I hope someone will enlighten us.

 

[thevisawhisperer]

It's not an immigration question. It's a legal queston.

 

[hawk39]

https://www.justice.gc.ca/eng/fl-df/divorce/app.html

 

[mpsqra]

Hi! Good day to all. My boyfriend has a pending application under humanitarian. Can he file a divorce here in Canada to his spouse whose in the Philippines? They got married in Philippines. Thank you and I hope someone will enlighten us.

has he been living for more one year in Canada? if yes, he could do it. ask to a lawyer

 

[hawk39]

has he been living for more one year in Canada? if yes, he could do it. ask to a lawyer

It's unclear what the boyfriend's residency status is; if he is applying for H&C, there's a good chance that he is currently out of status or has been in Canada illegally. If this is the case, then I don't believe he can apply for a divorce in Canada at this time.