spouse divorce in canada but married in the philippines
- Thread starter CONFUSE101
- Start date
hello @Rapunzel24
if still married po ba sa phils. pede ba kme maikasal sa hongkong? ask lng po bka may idea cla if feasible.. thanks alot
Actually same situation tyo. Kya naask ko sna of married b sya. Married dn kse ako kya d ako mkuha ng bf ko.
Hi may I ask for your advice. My boyfriend is married here in the Philippines back in the year 2000 then he was sponsored by her Filipina turned Canadian wife and they have one kid. after 10yrs of being married the wife filed a divorced in Canada and was granted currently he already got his Canadian citizenship now we can't get married here in the Philippines since divorced is not recognized. He wants to sponsor me since we are already 8yrs in this relationship. Can you suggest what is the best way. Annulment is not an option since it's very expensive and need to attend hearing every now and then. thank you in advance.
May I know your marital status? If single ka, you can get married in HK. Just like what we did. My husband's divorced and his Pinay ex-wife is already a Canadian. HK marriage is recognized by Canada as long as valid un divorce, kahit di pa siya recognized by PH laws. There are many applicants who did the same and were successful. Our app is on process. Hoping for the best.
My husband is married in Philippines then divorce sa ibang bansa, i’m single, we got married in Hongkong. September we applied, and in four months na approved na. Mahirap and stressful but everything is possible if genuine at totoo kayo sa isat isa. Goodluck.
Thank you for the advice. Yes po I am single. Would you mind to share the process of marrying in HK?
By the way good luck with your application.
Hi i am married in philippines but my husband left us here since 2013 and he didnt come back anymore. I want to file a divorce here for him..is it valid or needs his signature or consent.
You need to explain a bit more. Are you in Canada, where is your husband now?
Hi,
I need help. I got married here in the Philippines on 2010. My husband and I have been separated since 2017, and we live in separate houses since 2018. We haven't applied for annulment yet because it takes a long time and costs a lot of money. My boyfriend is a single canadian citizen living in canada and I'm in the Philippines. We haven't lived together for 1 year so I'm assuming we can't be classified as common law partner. Can he sponsor me as a conjugal partner?
I need help. I got married here in the Philippines on 2010. My husband and I have been separated since 2017, and we live in separate houses since 2018. We haven't applied for annulment yet because it takes a long time and costs a lot of money. My boyfriend is a single canadian citizen living in canada and I'm in the Philippines. We haven't lived together for 1 year so I'm assuming we can't be classified as common law partner. Can he sponsor me as a conjugal partner?
Unfortunately no, as quoted below there is nothing stopping him from going to the PH and living with you for a year to be classified as common law. You might not be able to come to CDA to live with him if you can't get a TRV but that wouldn't stop him from going to you. You can't use things like he won't be able to leave his job for that long or Covid as a reason to apply for conjugal.
A conjugal partner is:
- a person who is living outside Canada,
- in a conjugal relationship with a sponsor for at least one year, and
- could not live with the sponsor as a couple because of reasons beyond their control (e.g. immigration barrier, religious reasons or sexual orientation.
This term applies to both heterosexual and homosexual couples.
In most cases, the foreign partner is also not able to legally marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a common-law couple or a married couple, meaning they have been in a bona fide (genuine or real) conjugal relationship for a period of at least one year.
A significant degree of attachment and mutual interdependence between both partners must be shown. The couple must submit proof of the obstacles or restrictions that are preventing them from living together or getting married.
See section 2 of the IRPR for the legal definition.
The applicant will definitely have to apply for TRV and be refused to have a chance with this.
BUT: I am not sure that the requirement is such that the sponsor must move and attempt to establish common law. I believe there are cases but I do not know.
@adrienne8 you really must read through other threads about conjugal sponsorship to clarify, look for ones with the Philippines divorce/annulment issues. Highly recommend you do research first and look into a TRV. Obviously if you are given a TRV, you can come to Canada and attempt to establish common law. If not, you may have a case for conjugal (I am not an expert on the details).
With the covid travel restrictions you could only get a visa/travel authorisation on the extended family / exclusive relationship for one year or more. If you have not physically met, you are not eligible for this covid travel exemption at all.
Conjugal is not an easy path so you should look into the annulment path as well, even if long and difficult. (That may be required under the conjugal - that is to at least apply for annulment - but I do not know).
Louman64
Hero Member
- Sep 22, 2016
- 104
- Category........
- FAM
- App. Filed.......
- 10-04-2019
- Doc's Request.
- No news yet
Yes. Again encourage the poster to look at the other threads about conjugal where this has come up for PH citizens.
She will need at minimum to apply for (and be refused) a TRV. (although if TRV granted, they can then establish common law in Canada)