Philippines - Parent (father) applying for TRV.

[ankrish]

Hi! I am planning to apply my father for TRV application but I am having a problem on what to put on the MARITAL STATUS.

My mom divorced my dad in Canada but they were never got anulled back home.

Should I put Married on the marital status and put my mom’s name on it?

Thank you!

 

[steaky]

Are they still cohabit? If so, IMO common-law.

 

[Bryanna]

Hi! I am planning to apply my father for TRV application but I am having a problem on what to put on the MARITAL STATUS.

My mom divorced my dad in Canada but they were never got anulled back home.

Should I put Married on the marital status and put my mom’s name on it?

Thank you!

As the divorce was granted by a Canadian court, your dad's marital status is 'Divorced' even if it was not annulled in the Philippines.

However, if they are cohabiting then it would be common-law as steaky has suggested

 

[ankrish]

As the divorce was granted by a Canadian court, your dad's marital status is 'Divorced' even if it was not annulled in the Philippines.

However, if they are cohabiting then it would be common-law as steaky has suggested

Thank you!

Actually, they were married in the philippines when my mom is in canada and my dad is still in PH she divorced my dad in Canada.

My parents never filed an anullment inthe philippines. That’s why when getting legal documents such as their Marriage contract it still exist because they were never got anulled back in PH.

Would this mean that my mom and dad still on Married status in PH?

They are not living together anymore. My dad is still in PH and my mom and kids are here in Canada.

 

[Bryanna]

Would this mean that my mom and dad still on Married status in PH?

They are not living together anymore. My dad is still in PH and my mom and kids are here in Canada.

Was your mom a Canadian citizen at the time she was granted the divorce? If yes then the divorce will be legally recognized in the Philippines as well.

Nonetheless, IMO, your dad must declare his marital status as divorced because it was granted by a Canadian court.... and he must state the details in Question 10 of the TRV application form.

Your dad cannot declare that he is still 'Married' because as per IRCC's definition:
Married
This means that you and your spouse have had a ceremony that legally binds you to each other. Your marriage must be legally recognized in the country where it was performed and in Canada.

This implies the Canadian court deemed your parents' marriage as legally valid.... and based on that legal validity, the Canadian court granted a decree of divorce