married,divorce,common law

[reynold21]

hi people,
i'm separated but still married in the philippines, if i get a divorce here in canada and and marry my common law in hongkong will i be able to sponsor her? we already have a child and our child is living with me here in canada. TIA

 

[sashali78]

hi people,
i'm separated but still married in the philippines, if i get a divorce here in canada and and marry my common law in hongkong will i be able to sponsor her? we already have a child and our child is living with me here in canada. TIA

The short answer is yes. It will be a long process to get divorced, and also you should expect some additional scrutiny over your sponsorship application so get prepared for it well.

 

[reynold21]

The short answer is yes. It will be a long process to get divorced, and also you should expect some additional scrutiny over your sponsorship application so get prepared for it well.

thanks sashali, my common law is in the philippines and we're planning to get married in hongkong but first i will get a divorce here in canada.. hopefully it will work cause i'm having a hard time raising our child here by myself.. thanks you again

 

[canuck_in_uk]

Have you actually lived with your partner continuously for a year or not? If you have, you are already common-law and there is no need to wait for a divorce in order to sponsor your partner. If you haven't, then you are not common-law and you shouldn't refer to your partner as such if you want to receive correct advice.

 

[reynold21]

Have you actually lived with your partner continuously for a year or not? If you have, you are already common-law and there is no need to wait for a divorce in order to sponsor your partner. If you haven't, then you are not common-law and you shouldn't refer to your partner as such if you want to receive correct advice.

no i have not, just 10 months but we have been in a relationship since 2007 and our baby is already 2 yr old.. so what should i call her?

 

[KelseyTVS]

no i have not, just 10 months but we have been in a relationship since 2007 and our baby is already 2 yr old.. so what should i call her?

At this point she's just your partner/girlfriend. Even if you consider her to be practically your wife, CIC won't consider it a serious "marriage-like" relationship until you become common law after 12 consecutive months of living together. Once you're common law you can apply for sponsorship without having to divorce from your previous relationship, but you can also go ahead and get the divorce while you and your current partner live together and establish common law, it's up to you.

 

[Mapleson]

no i have not, just 10 months but we have been in a relationship since 2007 and our baby is already 2 yr old.. so what should i call her?

Marriage, typically, is the "easiest" route. Why would you be divorced in Canada, but married in Hong Kong? Does it not make sense to do both in the same country to simplify the process?

 

[reynold21]

Marriage, typically, is the "easiest" route. Why would you be divorced in Canada, but married in Hong Kong? Does it not make sense to do both in the same country to simplify the process?

how long can i get a certificate if i get a divorce in hongkong? i wanna get a divorce here in canada because i'm already here but if it's easier to get a divorce in hongkong i will do that.

 

[canuck_in_uk]

how long can i get a certificate if i get a divorce in hongkong? i wanna get a divorce here in canada because i'm already here but if it's easier to get a divorce in hongkong i will do that.

Hong Kong, like most countries, has residency requirements for divorce. Unless your spouse lives there and files for divorce, you will be unable to obtain a divorce there.

 

[Leon]

If you have lived in Canada for at least a year, you can file for divorce in Canada. Although I have heard it can take a while.