single, common law or married

[Betina]

Betina,

What about if Filipino legally married (church) in the Philippines and then migrated to Canada and have their citizenship and got Divorced can either one of them re-marry in the Philippines with Filipino partner? or can they apply as a conjugal partner sponsorship?

Thanks.

I don't have extended knowledge about this kind of cases. All I know, from what I've read, is that there is no divorce law in Philippines so, if a Filipino wants to legally remarry, the only way is to obtain an annulment or to declare their partner dead or presumed dead.

I know there are some exceptions to the no-divorce policy regarding Filipinos that marry a foreign citizen, but I don't know if that applies in the case of a Filipino becoming a foreign citizen during the marriage.

I really don't want to point you in the wrong direction, so I think it's best to talk about the situation with a Filipino lawyer.

Good luck!

 

[Steph C]

Betina,

What about if Filipino legally married (church) in the Philippines and then migrated to Canada and have their citizenship and got Divorced can either one of them re-marry in the Philippines with Filipino partner? or can they apply as a conjugal partner sponsorship?

Thanks.

Hi scoobydoo,


For example, in BC these are the rules: Once a Filipino is living in BC for one year they can apply for a divorce within Canada. They must reside in BC for a full year and not have moved around between provinces. I think similar rules apply in other provinces.

The Philippines will not recognize this divorce. However, if the Filipino waits long enough to become a Canadian Citizen, the Philippines will recognize the divorce. HOWEVER the Filipino has to put through a petition for Recognition of Foreign Divorce in the Philippines and this is apparently more costly than an annulment would be in the first place. So in my opinion what's the point in waiting so long when you could have tried for an annulment earlier on.

If the Filipino, citizen or not, had the requirements to divorce in Canada and remarried in Canada, this subsequent marriage will be recognized in Canada as well as the USA, which is a little tidbit I learned researching certain qualifications for student visas in the US. This could carry on to other countries, I'm not sure. If they go back to the Philippines their divorce and subsequent marriage will not be recognized.

Just so you know, a church marriage is not necessarily a legal marriage in the Philippines. Plenty of people have a city hall wedding when they are young and save up for the church wedding which is only symbolic.

sir rob_to thank you so much. it is such a relief because i am thinking that maybe they will question us about our marriage, this the reason why i ask if i will put either single or in common law status. i dont want to use our marriage certificate(married) because i know that they may say it is a false/fraudulent document to submit which could a reason to disapprove whatever application we may pass.

Hi Sarrie, do you have any more details for us about your marriage? Are you part of a minority group like Muslim? What is on record at the NSO when you request a CENOMAR? If you don't know I would spend the $10 to request a CENOMAR from the National Statistics Office and see what it says. If it says you have a marriage registered then check your husband's stats and see if it's the same or not.

However I'm afraid that withholding the marriage certificate will not help you. The Canadian Embassy will run background checks in the places that you have lived and they will come up with any marriage certificates that you have registered in any place that you have told them you lived. This actually happened to someone on the forum not too long ago, in a similar situation as you.

Your best bet is to include everything and tell the truth. I don't think your marriage will be considered valid but you should be valid as Common-Law partners. Good luck!