Need Advice

[Innd]

My partner who is married in the Philippines but separated from his ex wife 5 years ago but is now living with me here in Ontario for the last 8 months ( I'm a naturalized Canadian citizen since 1997, never been married). He came here as a visitor. We applied for extension before his visa expired last May 15, 2018. We just got the news that they extended it until Nov 15, 2018. Now, the problem is we won't be able to apply as common law because we are 1 month short of living together as a common law. He want to file for a divorce to his wife in the Philippines but he also needs a 12 months residency here in Canada before he can apply? What should we do since we are 1 month short for becoming a common law and 1 month short before he can file for divorce. We were in a 5 years long distance relationship before he came here as a tourist. Can someone please help us and advice of what to do next. Will appreciate your help!

Thank you in Advance.

 

[canuck_in_uk]

My partner who is married in the Philippines but separated from his ex wife 5 years ago but is now living with me here in Ontario for the last 8 months ( I'm a naturalized Canadian citizen since 1997, never been married). He came here as a visitor. We applied for extension before his visa expired last May 15, 2018. We just got the news that they extended it until Nov 15, 2018. Now, the problem is we won't be able to apply as common law because we are 1 month short of living together as a common law. He want to file for a divorce to his wife in the Philippines but he also needs a 12 months residency here in Canada before he can apply? What should we do since we are 1 month short for becoming a common law and 1 month short before he can file for divorce. We were in a 5 years long distance relationship before he came here as a tourist. Can someone please help us and advice of what to do next. Will appreciate your help!

Thank you in Advance.

Apply for another extension in November. State that you are trying to become common-law to apply for sponsorship. Pay the full $1040 sponsorship fees and include the receipt.

 

[monkeys89]

Will attempting to establish a common-law relationship while still married prove a challenge? I suppose you could try to explain it.

 

[canuck_in_uk]

Will attempting to establish a common-law relationship while still married prove a challenge? I suppose you could try to explain it.

No.

 

[EstherBarros]

Can he be considered common-law married to you, given that he is legally married to someone else?
(this is an honest question)

 

[DollyM]

Can he be considered common-law married to you, given that he is legally married to someone else?
(this is an honest question)

Yes he can.

 

[canuck_in_uk]

Can he be considered common-law married to you, given that he is legally married to someone else?
(this is an honest question)

Yes. For a variety of reasons, it can be years for a divorce to be processed and people enter into new relationships during that time. In the case of the Philippines, divorce is actually illegal.

 

[Innd]

Apply for another extension in November. State that you are trying to become common-law to apply for sponsorship. Pay the full $1040 sponsorship fees and include the receipt.

Thank you so much for your advise! We will try your suggestion. How likely will they give us another extension? We got our first extension because we wrote them a letter, as well as letters from our friends and family who knows about our relationship. Send them our joint bank accounts, extension of credit cards, Receipts of money remittances, telephone Bill's. Our water bill under his name. Etc. What else can we add on this on our next Visa extension application? Any advise? I have been keeping tabs on our grocery Bill's, photos and receipts of our recent holiday inside Canada. I wish he could apply for divorce but because the law says that he has to be a residence of Ontario/Canada for at least 12 months so we cannot use that. I would appreciate any input that would make our next application even stronger. As I understand it's even harder to get approved on 2nd extension.

 

[Innd]

Can he be considered common-law married to you, given that he is legally married to someone else?
(this is an honest question)

I believe so. If we're iliving n the Phili. It would be different.

 

[canuck_in_uk]

Thank you so much for your advise! We will try your suggestion. How likely will they give us another extension? We got our first extension because we wrote them a letter, as well as letters from our friends and family who knows about our relationship. Send them our joint bank accounts, extension of credit cards, Receipts of money remittances, telephone Bill's. Our water bill under his name. Etc. What else can we add on this on our next Visa extension application? Any advise? I have been keeping tabs on our grocery Bill's, photos and receipts of our recent holiday inside Canada. I wish he could apply for divorce but because the law says that he has to be a residence of Ontario/Canada for at least 12 months so we cannot use that. I would appreciate any input that would make our next application even stronger. As I understand it's even harder to get approved on 2nd extension.

That is all way overboard. Leave out everything except the bank statement and any other proof of funds and add the PR fee receipt.