single, common law or married

[sarrie143]

hi, good day to all. i am a second wife, filipino. we are married and his first marriage is still valid, but they are separated. i would like to ask because if im going to apply in canada what civil status will i write because i think our marriage is bigamous in our country.can i write common law since our marriage is bigamous?

 

[Alurra71]

hi, good day to all. i am a second wife, filipino. we are married and his first marriage is still valid, but they are separated. i would like to ask because if im going to apply in canada what civil status will i write because i think our marriage is bigamous in our country.can i write common law since our marriage is bigamous?

He is still legally married to his first wife. Bigamy is correct in this country as well. You would have no status in your relationship with him at all.

I do ask though, how are you legally married to him if he is still legally married to another? Just curiosity on that one.

 

[Rob_TO]

You can't be married if his first marriage is still valid.

If he can't get a divorce/annulment to allow him to legally marry you, then you have to apply as common-law as with common-law one partner is allowed to be married on paper as long as they are separated. Common-law means that you must live together with your partner for 12 consecutive months before you can apply.

 

[keesio]

sarrie - who is sponsoring who?

 

[sarrie143]

yeah i know its hard to explain that we got married given he's still married, i am the one who will apply as a principal applicant.thanks for your reply guys and i apologize for my situation.(i know you got confused) but i wanted to immigrate because i would love to be with my son. i just dont know what to put in my application as i think they are doing background check on each applicant. thank you guys

 

[sarrie143]

to rob_to, we are living together for 3 years now and we do have one child. thank you!

 

[Betina]

sarrie143 - Definitely common-law. Good luck!

Rob_TO, Allura71 - As I understand, in Philippines a divorce is something almost impossible to get. That's why someone who's separated from his/her spouse "marries" again by having some sort of ceremony, but they are not what we would call legally married. The society sees them as a family, though.

They can divorce if one of the two obtains a foreign citizenship first, then secures a foreign divorce decree. If a legally married Filipino citizen obtains a divorce outside of the Philippines, that divorce would not be recognized inside the Philippines. If that person (now unmarried outside of the Philippines) then remarries outside of the Philippines, he or she could arguably be considered in the Philippines as having committed the crime of bigamy under Philippine Laws.

 

[Rob_TO]

to rob_to, we are living together for 3 years now and we do have one child. thank you!

In this case you have no issues whatsoever as you can qualify under common-law. So for sure common-law would be your status.

Make sure you have proofs (joint lease, financial accounts, taxes, mail etc) that show you've been living together for at least 1 year.

 

[sarrie143]

does he need to apply for annulment to convince the immigration officer that he is separated from his 1st wife?

 

[Rob_TO]

does he need to apply for annulment to convince the immigration officer that he is separated from his 1st wife?

No. Read here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.38. What happens if the common-law partner 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.....

Since he's been separated for 3 years, you should not have any problems with this.

 

[sarrie143]

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.

 

[Alurra71]

I guess I am just thoroughly confused here. If they are both Filipino and both living in the Philippines, how will they do a sponsorship anyhow?

If he is a PR, he must be living in Canada to sponsor her, and therefore they can't be common law if she isn't living with him currently.

If he is living in the Philippines and is PR, then he won't be eligible to sponsor her.

If he is a PR and living in Canada and she is here with him living common law, why hasn't he yet filed for divorce from his first wife?

Just too much information NOT there to help me understand what it is she is looking for.

 

[keesio]

I assuming he or she is a Canadian citizen that is living in the Philippines.

 

[sarrie143]

sorry if i confuse you guys, i just wanted to apply and i ask here what am i going to write in the application form. i am not yet there in canada, i am still planning to apply in quebec skilled worker. thank you for your replies and god bless us all.

 

[scoobydoo33]

sarrie143 - Definitely common-law. Good luck!

Rob_TO, Allura71 - As I understand, in Philippines a divorce is something almost impossible to get. That's why someone who's separated from his/her spouse "marries" again by having some sort of ceremony, but they are not what we would call legally married. The society sees them as a family, though.

They can divorce if one of the two obtains a foreign citizenship first, then secures a foreign divorce decree. If a legally married Filipino citizen obtains a divorce outside of the Philippines, that divorce would not be recognized inside the Philippines. If that person (now unmarried outside of the Philippines) then remarries outside of the Philippines, he or she could arguably be considered in the Philippines as having committed the crime of bigamy under Philippine Laws.

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.