spouse divorce in canada but married in the philippines

[CONFUSE101]

Hi I am new here and need help.

I met my husband who is a foreign worker in 2010. He filled for a divorce here in CAnada and approved in 2012. We got married in Jan 2013, now I want to sponsor him. Will there be any problem since he is still married in the Phils? Annulment in the philippines is already in the process and we are just waiting for the decision. What do we need to sponsor his kids that are still in the phils living with there mother?

I really need help. Thanks in advance

 

[Steph C]

Hi I am new here and need help.

I met my husband who is a foreign worker in 2010. He filled for a divorce here in CAnada and approved in 2012. We got married in Jan 2013, now I want to sponsor him. Will there be any problem since he is still married in the Phils? Annulment in the philippines is already in the process and we are just waiting for the decision. What do we need to sponsor his kids that are still in the phils living with there mother?

I really need help. Thanks in advance

From what I know, the Philippines will not recognize a foreign divorce UNLESS he was a citizen of Canada at the time of the Divorce. So have you been living together in Canada as husband and wife? Canada should recognize that. But it will be tricky since the annulment is still in process in the Philippines. Are you both Filipino?

There were a few members here who got divorced in Canada and re married to another Filipino in Hong Kong. It wasn't without questioning from the Embassy, but they were eventually approved.

Keep in mind that the workers at the Embassy are Canadian. So they won't, or shouldn't, judge it from the Filipino point of view of the whole 'family code' business. They should look at it like the rational Canadians they are 8) and see that your marriage is valid in Canada.. however there is a pretty high chance they will ask some questions, so be ready for that. By the time they get to asking the questions your annulment might be over with anyways and then you will save a bit of time :-X

 

[CONFUSE101]

Thanks Steph C for a quick response

My husband is a filipino citizen while i'm a naturalized canadian. We got married 6 months after his divorce was granted. Now are leaving as husband and wife here in canada for 6 months already. I want to sponsor him is just that i'm worried that the immigration will deny it since he is still married in the philippines. i believe that the inside canada sponsorship, if the immigration deny it I will not allowed to make an appeal, is that correct? I'm also worried that the immigration will deny the application because of bigamy because technically he is still married in the philippines. do we need to wait for the annulment to be done? the only thing that worries me is that the immigration still finds it bigamy because we got married before the annulment is granted.

 

[Steph C]

Thanks Steph C for a quick response

My husband is a filipino citizen while i'm a naturalized canadian. We got married 6 months after his divorce was granted. Now are leaving as husband and wife here in canada for 6 months already. I want to sponsor him is just that i'm worried that the immigration will deny it since he is still married in the philippines. i believe that the inside canada sponsorship, if the immigration deny it I will not allowed to make an appeal, is that correct? I'm also worried that the immigration will deny the application because of bigamy because technically he is still married in the philippines. do we need to wait for the annulment to be done? the only thing that worries me is that the immigration still finds it bigamy because we got married before the annulment is granted.

It's a fine line, but you still can't change the date of your marriage even if you got an annulment. If you've been living together common law it would have been enough to sponsor him and not as complicated. I think Canada will recognize the marriage, since there is no divorce in the Philippines. Maybe ask on the Filipino thread if there's anybody else who went through this. There are a few people. Even if the annulment is done you can't change the date of the marriage.

 

[Steph C]

i believe that the inside canada sponsorship, if the immigration deny it I will not allowed to make an appeal, is that correct?

Yes and that's right, if you apply inland you won't have the right to appeal. If you apply outland the file will go to Manila to be processed and there is a chance he would have to fly back there for an interview.

 

[karyl]

I have almost the same problem. My common law partner is married back home but he wants to sponsor me as his spouse, instead of his real wife. We are both foreign workers in Canada and has been together for a year now. He is a skilled worker and i am not, so he has more chance of applying for PR.

He has not filed for annulment yet because they tried to work things out but still failed. We are having a baby soon, and i'm worried that my baby and i will go home after my 4 years in canada.

Pls. Help. Thanks.

 

[frege]

Hi I am new here and need help.

I met my husband who is a foreign worker in 2010. He filled for a divorce here in CAnada and approved in 2012. We got married in Jan 2013, now I want to sponsor him. Will there be any problem since he is still married in the Phils? Annulment in the philippines is already in the process and we are just waiting for the decision. What do we need to sponsor his kids that are still in the phils living with there mother?

I really need help. Thanks in advance

Hello Confused,

Usually it's a tricky legal question whether a marriage here is valid. I imagine that if the divorce was granted in Canada, and your marriage took place in Canada, then it must be legal. However, it would be worth speaking to a lawyer. If the lawyer says there's a problem, then you can submit an application in the conjugal partner common-law category (if you've been living together for at least a year) instead of the spousal category.

Concerning the children, if they are with the mother, and she wants them to stay in the Philippines, then they will have to be declared as "non-accompanying". It might be possible to sponsor them in the future, however. The age of majority in the Philippines is 18, and the age limit for sponsoring a child to Canada will be 19 starting next year. (Presently, it's 22.)

However, there are two potential problems.

First is, if the children are ever adopted by another man, then they may not be eligible to be sponsored to Canada. My impression is that given the Philippines' laws about divorce, this is unlikely. But I know next to nothing about this, so this is something to discuss with people who know about the Philippines.

Second, your husband absolutely has to try to have the children examined by a doctor during the application process. This can even be before you apply, and preferably right before you apply. The exam can take place in the Philippines. There are approved physicians in Baguio City, Cebu City, Davao City, Makati City and Manila.

If the children aren't examined by a doctor, you will probably never be able to sponsor them to Canada. This is true even if the problem is that the children's mother has prevented it, and it's not your husband's fault. Although this makes no sense, it is an absolutely heartbreaking reality of Canadian immigration law.

Since this is only going to be a problem if the mother prevents the children from seeing the doctor, the rest of what I say will be about this situation. If your husband wants to give his children the choice of coming to Canada someday, he must do whatever it takes now to have them examined. This could include returning to the Philippines to visit them, and/or taking some kind of legal action.

Another possibility would be to wait until they're old enough that they can go to the doctor on their own (but not over 19), and only then sponsor your husband. In that case, they could stay in the Philippines and come to Canada later (before they turn 19).

In this situation, you should definitely talk to a Canadian immigration lawyer, and possibly a Philippine lawyer.

 

[Steph C]

I have almost the same problem. My common law partner is married back home but he wants to sponsor me as his spouse, instead of his real wife. We are both foreign workers in Canada and has been together for a year now. He is a skilled worker and i am not, so he has more chance of applying for PR.

He has not filed for annulment yet because they tried to work things out but still failed. We are having a baby soon, and i'm worried that my baby and i will go home after my 4 years in canada.

Pls. Help. Thanks.

Hi Karyl,

It's fine for your partner to sponsor you as common-law, once you have been living together for a year and have proof of that.

 

[frege]

Hi Karyl,

It's fine for your partner to sponsor you as common-law, once you have been living together for a year and have proof of that.

You're right. I made a mistake above where I said it would have to be conjugal partner. You need proof that the marriage has broken down, and that the husband and wife have been living apart for the entire one-year period.

 

[Steph C]

You're right. I made a mistake above where I said it would have to be conjugal partner. You need proof that the marriage has broken down, and that the husband and wife have been living apart for the entire one-year period.

You were responding to the original poster, not Karel.. they were 2 different people.

 

[frege]

You were responding to the original poster, not Karel.. they were 2 different people.

True, I noticed that.

But a similar question in that respect. The OP and her husband may well have been living together for more than a year.

 

[karyl]

You're right. I made a mistake above where I said it would have to be conjugal partner. You need proof that the marriage has broken down, and that the husband and wife have been living apart for the entire one-year period.

Will it be enough to show that they haven't physically been together because the wife is in another country and has never been to Canada, while me and my partner have been living together here in Canada. Legal separation or annulment is impossible at this time because the wife will surely won't cooperate.

 

[frege]

Will it be enough to show that they haven't physically been together because the wife is in another country and has never been to Canada, while me and my partner have been living together here in Canada. Legal separation or annulment is impossible at this time because the wife will surely won't cooperate.

Here is what CIC's operational manual OP 2 says:

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).

In the above circumstances, the legal spouse of the principal applicant need not be examined and
will not be considered a member of the family class if the applicant later attempts to sponsor this
spouse. [See R117(9)(d)]. Notes in CAIPS should indicate that the applicant was aware of the
consequences of non-examination.

Source: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

Bear in mind that this represents the position of the government and that in the event of an appeal the decision-makers are supposed to come to independent conclusions about the law.

 

[karyl]

Thank you very much. This has clearly answered my queries.

 

[Steph C]

Thank you very much. This has clearly answered my queries.

Legal separation in Canada doesn't require a special certificate as far as I know it begins when you personally decide it begins. You can still be living in the same house. So I think it's fine proof that you've been in Canada for a year.