Has anyone sponsored a married filipina as common law spouse.

[raycrawford]

My common law spouse is married in the philippines where there is no divorce.

She has one letter of agreement signed by both her and her husband discussing division of assets, kids etc and affidavits from family members confirming the date of separation.

Just wondering if anyone has applied in this situation successfully?

Regards,


Raymond.

 

[BCguy]

No,the Canadian embassy in the Philippines will look for the certificale of singleness issued by NSO,Where is she currently residing,So I can discuss options

 

[raycrawford]

I have talked to many immigration lawyers, it is not possible to get this document from NSO unless she has an annulment. CIC realizes there is no divorce in the philippines and will accept proof that the previous relationship has ended, in the form of separation agreement of affidavids.

There are millions of filipinas in the philippines that are separated and have no idea where there husbands are.

I need a response from someone who has accomplished this.

Regards,

Ray.

 

[Leon]

You can try applying as a conjugal. You have a very good excuse why you can't marry her when she is already married and can't get a divorce.

 

[BCguy]

I have talked to many immigration lawyers, it is not possible to get this document from NSO unless she has an annulment. CIC realizes there is no divorce in the philippines and will accept proof that the previous relationship has ended, in the form of separation agreement of affidavids.

There are millions of filipinas in the philippines that are separated and have no idea where there husbands are.

I need a response from someone who has accomplished this.

Regards,

Ray.

I have assisted Filipinos who have come into our constituency office asking for help and i have ASSISTED about 5 such cases,Does this count???But I have to have facts,Does She live in Philippines,Canada or 3rd country???Is she in contact with Ex Husband???Are you in Canada or Philippines???You need to give more facts.Btw Lawyers come to us asking for help We dont ask for help from them

 

[raycrawford]

We are living together and have been for 3 years but I have been back to Canada a few times. In July we will have been together one complete year and want to apply as common law.

She has her two kid every second weekend, they live with their dad. So yes she has no choice but to be in contact with him.

He will not cooperate anyway in any legal proceedings.

She was lucky enough to have one agreement signed by them both. Also letters notarized from family members validating their date of separation.

We have everything they ask for as evidence except an insuance policy.
Joint lease, joint bills, purcased car, property, mail to both at our addess, licence for both at our address, e mails when I am in Canada, her phone bill showing daily calls when I am in Canada etc etc.

My only concern is the no divorce issue, I have been told by many consultants as long as we can prove the relationship has ended for over a year we will be ok??

Regards,


Raymond.

 

[BCguy]

OK you have a good chance of applying for conjugal relationship,Try improve your case with LOTS of pictures with you and HER family at gatherings and social events together to show they accept your relationship,Show pictures of you and her together with her kids if possibile on Holidays events to show you are a family unit.The manual puts weight on picture evidence.Another option that some people have done is have their partners come into Canada under a different type of visa like Student or working then obtain a divorce in Canada then Divorce the Filipino partner in Canada and then you marry in Canada

 

[yenoh07]

i want to join to this topic...i am a filipina, married in the philippines but i acquired my divorce in hongkong last 2001, i am just wondering if the canadian gov't will honor this divorce order? as we all understand there is no divorce in phils but will they consider my documents from hk? i have a boyfriend here , a pr holder who is willing to marry me, but i am not sure if it is possible.

 

[BCguy]

i want to join to this topic...i am a filipina, married in the philippines but i acquired my divorce in hongkong last 2001, i am just wondering if the canadian gov't will honor this divorce order? as we all understand there is no divorce in phils but will they consider my documents from hk? i have a boyfriend here , a pr holder who is willing to marry me, but i am not sure if it is possible.

Yes you can legally marry him in Hong Kong then You will have your divorce recognized in Canada,They follow the rule of residence,You are Resident in HK then your are divorced and your boyfriend can marry and sponsor you

 

[Boracay]

We are in the same situation as this older topic but

1. The only proof that she has terminated her old marriage is the fact that we have a lot of proof of our relationship, living together, traveling for several months together and so on.

And she wrote a notarized statement stating that she no longer considers herself married or in a relationship with him. That she has no contact with him and has no way of contacting him because she doesn't know his whereabouts. And that she considers herself my common law partner.

She does not have and it's impossible to get him to have any joint statements. He is Nepalese and unlikely even in the country. The story is she was forced into the marriage by her Father and realizing her mistake she ran away and abandoned him. She has explained all this in a letter of exactly what happened.

..
I noticed that people are recommending to apply as conjugal rather than common law for the issues above?
Why?
We have lived together for a year and have proof. We're planning on applying as Common-Law and not conjugal.
Does anyone know if this is correct or if there are any problems that can arise?

 

[Leon]

If you have lived together for a year and can prove it, you should apply as common law.

 

[emrn]

I am a married Filipina too but we have seperated for almost 2 years now me and my new partner applied for conjugal partnership we tried to apply for trv twice but was denied maybe because I am a nurse. So we applied for conjugal I made a self affidavit and had it notarized. My ex is not cooperating in any way. We are waiting for results with our application we hope that everything will go smooth we gave them tons of letters from my family and relative and we have a lot of pictures too, we also have a joint account and I am a beneficiary to his insurance. We submitted our app last September. And we are hoping and praying that we'll be together soon. It's really difficult to be far from the person u love.

 

[Leon]

You were most likely denied for trv because they think you might overstay because you have a Canadian partner. Being denied for trv has no effect on your sponsorship application so hopefully, it will work out for you.

 

[emrn]

You were most likely denied for trv because they think you might overstay because you have a Canadian partner. Being denied for trv has no effect on your sponsorship application so hopefully, it will work out for you.

Thanks Leon I really hope so.

 

[batchi]

Hello....Just need help regarding my situation hope anyone can help me....

My partner married his first wife in 1995 and we marry 2004. Now he is going to Canada thru LMO he declare me as his spouse in his original application here in Philippines so I can accompany him. His annulment is now on process..My question is if we already in Canada and if he has the court order already for the annulment of his first marriage and we apply for provincial nominee or permanent residency as a couple...does it have an affect on our application if CIC noticed the different marriage indicated in the birth of our child ( on his first marriage and to me ) although the first marriage is annulled? Will CIC question our marriage status since the court order of the annulment was dated after our marriage? Coz in Philippine Law our marriage is null and void since he is legally married when our marriage is done. Is there any possibility our application as spouse be denied.. thanks in advance to all who can help us.....