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Lrmcastillo

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Nov 18, 2021
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Good day is anyone knowledge or can explain our case. We have a daughter, I gave birth before we got married. My husband registered our daughter's birth certificate even weren't married that's why our daughter is using her father's surname. We not know that we need to file an affidavit of legitimacy after we got married. My husband is in Canada now and he is planning to apply for PR. The question is do we need to file affidavit of legitimacy? Or can he apply even we not file the legitimacy.? Our daughter is holding her passport with her father's surname and all her documents. Thank you in advance.
 
Don't think it matters at all. As long as one parent is on birth certificate. If bith, then no issue at all.

Canada has no such concept as affidavit of legitimacy (because not needed) and you probably won't hear illegitimacy referred to except in historical contexts.

But: not clear what husband's status is or what type of pr app you are referring to .

Warning though - because we don't use that concept any more, all children must be declared when ircc asks about children. Leaving a child out can cause problems later.
 
Thank you. My husband is holding a Temporary Residence (work visa) planning to apply Permanent Residency. That's why I'm asking if it's OK if we not file legitimacy here in the Philippines.
 
Last edited:
Thank you. My husband is holding a Temporary Residence (work visa) planing to apply Permanent Residency. That's why I'm asking if it's OK if we not file legitimacy here in the Philippines.

As long as child's birth certificate shows one or both of you as parents, that should be sufficient for IRCC purposes - main thing is don't leave a child out of the app because of 'legitimacy.'

Or in most simple terms: Canada mostly doesn't even have the concept so probably wouldn't even know what to do with a legitiimacy certificate.
 
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