no divorce in my country but plan to marry canadian

[jetoquebec]

hi seniors, please help. i've been separated from my spouse for more than a year now but not divorced or annuled. I have a new canadian gf now and is planning to get married this year and I will be applying for permanent residence and my new wife as sponsor. my problem is in my home country, philippines, there is no divorce, and marriage annulment takes long time and very costly. my question is can we get married as i am in canada at this time and then apply inland for my PR? what are the things/documents I need to make this happen and is it possible? thank you seniors.

 

[zardoz]

hi seniors, please help. i've been separated from my spouse for more than a year now but not divorced or annuled. I have a new canadian gf now and is planning to get married this year and I will be applying for permanent residence and my new wife as sponsor. my problem is in my home country, philippines, there is no divorce, and marriage annulment takes long time and very costly. my question is can we get married as i am in canada at this time and then apply inland for my PR? what are the things/documents I need to make this happen and is it possible? thank you seniors.

No, you can't marry until your existing marriage issue is resolved. You will however be able to live in a common-law relationship with your girlfriend. After living together for at least 12 continuous months, she will be eligible for sponsorship of you as a common-law partner.

 

[jetoquebec]

No, you can't marry until your existing marriage issue is resolved. You will however be able to live in a common-law relationship with your girlfriend. After living together for at least 12 continuous months, she will be eligible for sponsorship of you as a common-law partner.

thanks for your inputs, is it really in canadian law(or whatever rule there is) that I cannot marry a canadian in Canadian soil while I am married to another in a no-divorce-country (but we are already separated physically and emotionally) time and money are the barriers? thanks

 

[zardoz]

thanks for your inputs, is it really in canadian law(or whatever rule there is) that I cannot marry a canadian in Canadian soil while I am married to another in a no-divorce-country? thanks

Yes. It's called bigamy and it's illegal in Canada. http://yourlaws.ca/criminal-code-canada/290-bigamy

 

[jetoquebec]

Yes. It's called bigamy and it's illegal in Canada. http://yourlaws.ca/criminal-code-canada/290-bigamy

thanks. I was married in another country that do not have divorce, Can i apply a divorce in canada against my marriage in that country? a desperate question no divorce and annulment is not an option because it is a loooong and costly process.

 

[zardoz]

thanks. I was married in another country that do not have divorce, Can i apply a divorce in canada against my marriage in that country? a desperate question

You can, under certain circumstances. You will have to speak with a Canadian divorce lawyer. It will take time and the Philippines will probably not accept it as legally valid. However, Canada will.

 

[jetoquebec]

You can, under certain circumstances. You will have to speak with a Canadian divorce lawyer. It will take time and the Philippines will probably not accept it as legally valid. However, Canada will.

thank you i can see a little light now. plus one to you. will get back to you after i talkd to a lawyer. thank you.

 

[zardoz]

thank you i can see a little light now. plus one to you. will get back to you after i talkd to a lawyer. thank you.

See http://www.justice.gc.ca/eng/fl-df/divorce/app.html
You must have lived in the province that you are filing for divorce in, for at least 12 months.

 

[jetoquebec]

See http://www.justice.gc.ca/eng/fl-df/divorce/app.html
You must have lived in the province that you are filing for divorce in, for at least 12 months.

thank you sooo much for the info.

 

[Rob_TO]

See http://www.justice.gc.ca/eng/fl-df/divorce/app.html
You must have lived in the province that you are filing for divorce in, for at least 12 months.

Yes and for this reason it can be quicker to simply become common-law and apply for PR after 12 months of cohabitation. You can apply as common-law while still being married to someone else.

Waiting 12 months, then registering for divorce and waiting for that legal process to finish, then doing a wedding afterwards, may take quite a while.

 

[jetoquebec]

Yes and for this reason it can be quicker to simply become common-law and apply for PR after 12 months of cohabitation. You can apply as common-law while still being married to someone else.

Waiting 12 months, then registering for divorce and waiting for that legal process to finish, then doing a wedding afterwards, may take quite a while.

wow, thank you so much for this infos. you are really very helpful guys.

 

[kitchie]

thanks for your inputs, is it really in canadian law(or whatever rule there is) that I cannot marry a canadian in Canadian soil while I am married to another in a no-divorce-country (but we are already separated physically and emotionally) time and money are the barriers? thanks

You are a Filipino citizen, wherever you are your citizenship follows you. So better have it annulled first, otherwise you can be charged of bigamy. Your alternative is to
have PR by being declared as a common law partner, apply for citizenship after the required year is attained, then apply for divorce in Canada and have it enforced
in the Philippines.