Proof of separation of former Spouse

[Boracay]

Divorce is illegal here in the Philippines. She doesn't qualify for grounds for annulment, furthermore that is expensive and can take years.
We understand that I can still sponsor her as long as she has been separated from her spouse for a year, and of course all the other requirements such as cohabiting together for a year etc

The OP2 Manual states

Satisfactory documentary proof of a separation and of custody being with someone other than the
applicant is required. A separation agreement or custody papers are examples of acceptable
proof.

We have lots of evidence that we will have been together for a year, however she does not have any proof as stated above. She has absolutely no contact with her spouse, nor does she know how to contact him, and it's likely he would not cooperate anyway. So no separation agreement and no custody papers (they have no child together)

So my question is how can we prove beyond a doubt that she is separated from him?

Thanks!

 

[nice2010]

Hi i think the only way to prove is tell your gf to go to a barangay hall (im sure she knows what is barangay hall) and ask any opinion there where he can trace his x, the officers will send him a letters 3x to invite him so they can agree and prove that they are seperated along time ago,but if he wont show up the officer will make a letter that he refused then you can bring it to the lawyer and she can get an affidafit and thats one way to prove it. Yes your right annulment takes time im annuled and it takes 1 year and a half plus very expensive. tell her to pm me so i can guide her .good luck

 

[RobsLuv]

Divorce is illegal here in the Philippines. She doesn't qualify for grounds for annulment, furthermore that is expensive and can take years.
We understand that I can still sponsor her as long as she has been separated from her spouse for a year, and of course all the other requirements such as cohabiting together for a year etc

The OP2 Manual states

Satisfactory documentary proof of a separation and of custody being with someone other than the
applicant is required. A separation agreement or custody papers are examples of acceptable
proof.

We have lots of evidence that we will have been together for a year, however she does not have any proof as stated above. She has absolutely no contact with her spouse, nor does she know how to contact him, and it's likely he would not cooperate anyway. So no separation agreement and no custody papers (they have no child together)

So my question is how can we prove beyond a doubt that she is separated from him?

Thanks!

Your above quote from the OP2 manual just concerns custody of children - it really has nothing specific to do with proving a legal separation from a former spouse, (even though there is mention later on in the manual about providing court documents of child custody arrangements "identifying the fact of the marriage breakdown" as one option for proving the breakdown of the previous marriage). CIC-Manila is well aware that there is no divorce in the Phils and has lots of experience with what is needed from an applicant to prove sufficient separation to be eligible to apply as the common-law or conjugal partner of a Canadian. Section 5.38 of the OP2 manual talks about qualifying a common-law partner who is married to someone else.

5.38. What happens if the common-law partner (principal applicant) is married to another person?
Persons who are married to third parties may be considered common-law partners provided their marriage has broken down and they have lived separate and apart from the spouse for long enough to establish a common-law relationship – at least one year. In this case they must have cohabited in a conjugal relationship with the common-law partner for at least one year. Cohabitation with a common-law partner cannot be considered to have started until a physical separation from the spouse has occurred. A common-law relationship cannot be legally established if one or both parties continue their marital relationships. Officers must be satisfied that a principal applicant is separated from and no longer cohabits with a legal spouse. This evidence may be in the form of a signed formal declaration that the marriage has ended and that the person has entered into a common-law relationship. An officer may require that the person produce other written evidence of a formal separation or of a breakdown of the marriage. Acceptable documents include a separation agreement, a court order in respect of custody of children identifying the fact of the marriage breakdown, documents removing the legally married spouse(s) from insurance policies or will as beneficiaries (a “change of beneficiary” form).

As well as following the suggestions in the above paragraph, I would follow up on what nice2010 said above. S/he seems to have some specific info as to where to go and how to accomplish proof in this type of situation.

 

[Boracay]

Hi Nice2010

That is great advice, however it will not work.
The problem is she does know how or where to contact him. She's heard rumors he is in Nepal,Singapore or New Zealand.
But he very well could be in The Philippines. It is highly unlikely the Barangay could track him down either.

The other problems are she simply does not want to have any contact with him whatsoever.
And the fact that he would not cooperate if contacted.

Hi Robsluv

In the paragraph you posted there is really nothing we can provide. Except if you have a further explanation of this sentence "This evidence may be in the form of a signed formal declaration that the marriage has ended and that the person has entered into a common-law relationship."

Is this something she or we can make on our own without the cooperation of the spouse? For example if we made a formal declaration and go it notarized is that the same as the above?

The other thing I'm concerned about, although unlikely I've read it can be a reality is that if she was to formally declare she is in another marriage like relationship and if a government body found that out and exploited it, she could technically be charged with bigamy. .....Although to be honest I doubt that would happen.

Thank u both for your replies =o)

 

[RobsLuv]

Really wish I could answer your questions more specifically. Is there anything in Phil law that allows for a legal acknowledgment when someone has been abandoned by a marriage partner - considering the fact that this seems to be the reality of your partner's situation? I'm assuming there are no children (you don't mention any) for whom he is required to pay support that could be documented as far as duration? Are there maybe friends or family of reputation (clergy, judges, etc) who can attest to the end of the marriage and his abandonment? I doubt that any declaration made by either (or both) of you would constitute proof of separation - just saying so, when it's obviously in your best interest to do so, is not going to be very convincing. I'd think that a "formal declaration" would have to come from someone who has no vested interest in her immigrating.

As far as "finding" him - I don't know that it's necessarily about having to get him to sign something acknowledging the separation. If you can even get proof that he left the country - or moved to another city - more than a year ago (thus abandoning the marriage), you'd have the proof you need. And nice2010 did mention an option for getting an affidavit if he refuses to respond to the trace - I wouldn't overlook that avenue. The aim here is simply to demonstrate that they have not been together for a period of at least one year . . . it's not to get him to admit he left, or to try to identify exactly where he's gone. It's only to prove that she and he have not lived together in a conjugal relationship for a period of at least one year - which demonstrates that she was free to live with you in a conjugal relationship for the year it takes to establish a common-law partnership . . . or, if you haven't been able to cohabitate, that you are qualified as conjugal partners (waiving the cohabitation requirement due to fear of persecution because of no divorce, etc., in her country or an immigration barrier that prevents you from cohabitating).

Seems to me that you are going to have to be a bit creative within the guidelines proposed by the manual. The info there is meant to be example and suggestion for officers assessing these cases - they are not hard and fast "rules" - but the further away from them you get, the harder it will be for the officer to positively assess your case.

 

[Boracay]

Thanks Robsluv for the well thought out message.

To answer some questions....no children with him. She does have a child from a previous relationship before that, but that's unrelated.
No family members such as judges etc

The problem with the barangay (neighborhood) city hall trying to track him down is he to is a foreigner, from Nepal. So being that he is not Filipino there is no way to track him.

The only proof I can think of that she has not been cohabiting with him is all the proof that we have been living together ourselves. So I would hope that an officer would know that she couldn't possibly live with me over the year and him at the same time.

I'm sure her parents and so on can also say that they were not cohabiting together for over a year and we are, but as you mentioned it's probably not very convincing either as they could obviously just say that so that she may come with me.

ugh....I hope this doesn't become a major issue. If u or anyone has ideas I'm open to anything!

 

[rjessome]

She could swear an affidavit that she is separated from him as of X date and has no contact with him since X date, nor does she know how to contact him. That, together with the proof of your common law relationship should be accepted by CIC, especially since there are no children.

 

[lovely20]

She could swear an affidavit that she is separated from him as of X date and has no contact with him since X date, nor does she know how to contact him. That, together with the proof of your common law relationship should be accepted by CIC, especially since there are no children.

I agree with rjessome. An affidavit will suffice. CIC have encountered a lot of these scenario, it's not uncommon in the Philippines.

 

[newlife23]

Hi, I am in similar situation except that things turned out very bitter between me and my ex spouse. I could never get a separation letter from him. He said that only he can divorce me not the other way round. We have some issues with property involved and it is 2years now that we are living apart and he has not given me a divorce letter. And I have been living in Canada with my partner for almost 14 months now. Any idea if my affidavit that I am living separately from my ex spouse will work for my application? I have been living with my sister when I left my ex home before coming over to Canada. Will a letter from her work as well? I come from a country where divorce is allowed.

 

[rjessome]

Hi, I am in similar situation except that things turned out very bitter between me and my ex spouse. I could never get a separation letter from him. He said that only he can divorce me not the other way round. We have some issues with property involved and it is 2years now that we are living apart and he has not given me a divorce letter. And I have been living in Canada with my partner for almost 14 months now. Any idea if my affidavit that I am living separately from my ex spouse will work for my application? I have been living with my sister when I left my ex home before coming over to Canada. Will a letter from her work as well? I come from a country where divorce is allowed.

Where is your home country? Whether or not only he can seek the divorce depends on the laws within that country. However, you could still swear an affidavit but provide the details of your ex refusing to give you the divorce.

 

[Boracay]

On a related note....

Should we be sending her marriage certificate along with our application?

Also some advice to properly fill out this form would be greatly appreciated
Form IMM008

9. Your Current Marital Status
Should she tick "Married" (spouse) or "Common Law" (me)

My guess is Common Law? Even though technically she's married....this is a bit confusing.

10. Have you previously been married or in a common law relationship?
Name of Spouse, Date of Birth, Relationship, From "date" to "date"

So my guess this is to tick married, details and then the marriage date until ... ?
Would it be to present or the day they split?

Page 2
You must provide details of each of your family members whether they will be accompanying you to Canada or not. You must include your spouse or common-law partner, if applicable, and all your dependent children, and those of your spouse, or common law partner, who are not already permanent residents or citizens of Canada.

I'm confused who to add here. So I know for sure her child.

How about
Parents? Siblings? Her Spouse?

If yes to her spouse what if she has no access to her Spouses passport details or picture?

Are these photos similar to passport sized photos? If so how do you take one of a 2 year old baby?(daughter)

Thanks everyone!

 

[rjessome]

9. Common-law for CURRENT status.

10. Date they separated.

2nd page. Parents & siblings are added to Additional Family Information form, not here. Child is included here (as well as the Add Fam form). Take the child to a photographer to get the pictures. They do this all the time. Appendix B of the applicant's checklist gives you the size of the photos. It is not passport size.

 

[Boracay]

Regarding Page 2
When it says we must include her spouse or common law partner. I presume it's her spouse and not me?
And also what if she has no picture available of him, same with passport details etc

 

[rjessome]

Regarding Page 2
When it says we must include her spouse or common law partner. I presume it's her spouse and not me?
And also what if she has no picture available of him, same with passport details etc

No. Don't include the spouse here. YOU are now her common-law spouse. And since you are Canadian you are not included here either.

 

[emrn]

ok I'm filling up forms too and I'm almost done to late to start all over again with the new one however i have a question inth IM0008 the question ur current marital status, there is no conjugal partnership there how do I go about that? Thanks in adavance