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Permanent Residence

crbuff76

Newbie
Jul 3, 2009
2
0
I want to know if a caregiver who is married in the Philippines, can file for PR alone and not petition his/her spouse. Is it even allowed since the caregiver came to Canada already married? The marriage is on the verge of divorce and seeing no purpose of wanting to petition the spouse anymore. There are also NO children involved.


Thank you,
 

Leon

VIP Member
Jun 13, 2008
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I suppose she listed herself as married on her work permit application. When she applies for PR, she can list herself as separated. After all, they are separated and as you say, they are on the verge of divorce although I have heard that divorce is not really recognized in the Philippines.
 

crbuff76

Newbie
Jul 3, 2009
2
0
Hi Leon, thank you for that informaton, but will she have to divorce her husband before she applies for PR? because she's thinking the immigration will refuse her application if she can't give supporting documents re: separation, and the divorce is gonna be filed in canada because as you mentioned there is none in the philippines.
 

Leon

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Jun 13, 2008
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She can list herself as separated. I do not know what documents she needs to prove she is separated but once she is living by herself, she will be able to prove that, for example the lease and all her bills and bank accounts will be in her name only.
 

killjoy06

Full Member
Apr 24, 2012
32
0
I've been to that situation.. I am a filipina caregiver, and mybstatus when i applied here was married. Before i sent mynPR application, i filed for a divorce here in canada... Together with my application is a letter statingbthe reason why i am dropping my husbannd in mynapplication,mi also stated there what happened to us. I told them also that my divorce is on process and willmupdate them as soon as i get my divorced. Yes divorce is not recognize in philippines BUT you are here in canada,myou are applying for PR here so under canadian law, divorced is recognized here. Now, i am already divorced,, i already updated immigration about my divorced and my PR IS on process.. We have a daughter and i also get the sole custody of our child.. If youll put "separated" theres no way that you can prove that, because theres is no such thing as separation certificate as per my lawyer's advice, divorce is better and it is more legal. And as what ive heard.. Immigration will likely... accept divorced as status... you can d your divorce alone without a lawyer.. Just go to the supreme court.. And somebody will guide you on what papers to fill out... But me, i have a lawyer because divorce is really a stressful thing... So goodluck! Dont wort just explain tothe immigration that you marriage is on the rock and your divorce is on process .. Just write them a letter togeteher with your application.. Hope this will help
 

northshore

Member
Jun 26, 2012
10
1
hi everyone,
i have the same situation.i am working aslive in caregiver and wouldlike to ask what to do when i apply forPR?i came here last year and from that time one,inever have any communication with my husband in the phils.i want to divorce him but afraid of him not to cooperate.Should i not include him on my application?i just want my son to be with me herein Vancouver, he is 18 andhe doesnt know anything about me wanting to divorce hisfather,can you give me some advice?
 

Leon

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Jun 13, 2008
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If you file for divorce in Canada, I don't see how your husband can fight that. You should talk to a lawyer. If you apply for your PR while still married you must include your husband so if you don't want to include him, you should better start working on that divorce now. You still include your son in your PR application and as he is 18 and an adult, he will decide for himself if he wants to join you or stay with his father.