bygrace said:
Hello po...can you pls. Help me..
I received letter from embassy regarding our application it says that I may not meet the requirements for immigration to Canada.
Subsection 1 of the immigration and refugee protection act states that A foreign national may be selected as a memberof the family class on the basis of their relationship as the spouse, common law partner.child.parent and other family member of a Canadian citizen or permanent resident.
Section 2 of the immigration and refugee protection regulations states that marriage in respect of a marriage that took place outside Canada means a marriage that is valid both under the laws of the jurisdiction where it took place and under canadian law.
Your sponsor was married to another on February 2003 in the Philippines..He obtained divorce in Canada and rendered on August 2007. You and your sponsor were married jan. 2011 in the Philippines...it would appear that your marriage to your sponsor may not have been conducted according to philippine law.specifically yourn sponsor is a filipino citizen at the time he obtained divorce.
This letter is being sent to you to offer you an opportunity to respond to this concern and to afford you an opportunity to supplement your file with additional information. Before a final decision is made by an officer..you may submit written explainaction or your sponsor may provide annulment documents or any other documents you would like to submit within 45 days upon receiving this notification......etc..
Please..I need your help... aside from the annulment docs.which I have..anything else that I can give the embassy for me to have a positive response ..We submitted our application last September 2011... gusto ko po kaseng maka gather ng mga best idea nyo po bago kmi mag submit sa embassy pra siguradong ma approve na kami ..thank you so much po.
Annulment document should be enough evidence that he can marry you legally in Philippines.
Good luck....
If for some reason his annulment is not valid you will need to get married in another jurisdiction where your marriage would be valid...
His divorce is valid in Canada, and he could marry you In Canada without a problem,
But if he did not got the annulment then his divorce in Canada is not valid for immigration purposes if he marries in Philippines,
Good luck