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certifiedtofiluk101
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floydannie said:my situation is very complicated.
My husband ex-wife is filipina and city Council in one of the city of ontario , he move out from their house because his ex-wife cheat on him and 2 days later he filed for divorce last summer of 2008, do you know what's his reason for the divorce? stress lng kasi ayaw nya mapahiya ang pamilya nla. I met him last oct 2009 as a friend thru online and we got develop into boyfriend/girlfriend stuff last summer of 2010 here in Philippines. He plan to marry me, and ask some advice of his lawyer, he found out d pala natapos yun separation ng ex-wife nya. So he finalize their divorce last Nov. 2010, at ayaw pa ng lawyer nya na mag asawa cya ulit baka daw na ground yan ng kanyang ex-wife na di nya makuha nong kalahati share nya sa bahay nla dahil ibigay nya ang share nya sa youngest daughter nla for college, ayaw kc suportahan ng kanyang ex-wife ang youngest nla for school. We got married last feb. 14, 2011. He wants me to be with him, so he sponsor me as spouse family class. Because of this complication and until now di pa nla na settle yung case nla kc pina delayed ng ex-wife nya ang settlement case. He hire a CIC lawyer from toronto at the same time para daw di madisturbo ang work nya. Do you think maapprove yung visa ko kahit d pa natapos ang case ng asawa ko at sa ex-wife nya? Kasalan ko ba kung bakit nagka komplikado?
I need your friendly and enlighten advice kc parang na guilty ako, parang i feel i'm one of the nakigulo. I love my husband, at nahihirapan ako pag nakikita ko syang malungkot. Please help me......
@ Floydannie,
Very complicated nga ang case mo sis.
For as long as hinde pa granted and settled by law ang divorce na nafile ng husband mo sa ex-wife nya, technically and legally married pa din sila up to this day. Meaning to say ang kasal mo with your husband whether church or civil ay hindi kikilalaning legal sa Pilipinas at sa Canada.
Regarding naman sa Family class sponsorship,
You may apply as a Spouse if:
You are a spouse if you are married to your sponsor and your marriage is legally valid. If you were married in Canada:
•You must have a marriage certificate issued by the province or territory where the marriage took place.
If you were married outside Canada:
•The marriage must be valid under the law of the country where it took place and under Canadian law.
•A marriage performed in an embassy or consulate must comply with the law of the country where it took place, not the country of nationality of the embassy or consulate.
Common-law partner
You are a common-law partner—either of the opposite sex or same sex—if:
•you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)
You will need proof that you and your common-law partner have combined your affairs and set up a household together. This can be in the form of:
•joint bank accounts or credit cards
•joint ownership of a home
•joint residential leases
•joint rental receipts
•joint utilities (electricity, gas, telephone)
•joint management of household expenses
•proof of joint purchases, especially for household items or
•mail addressed to either person or both people at the same address.
Conjugal partner
This category is for partners—either of the opposite sex or same sex—in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.
A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship and there is the same level of commitment as a marriage or a common-law relationship.
You may apply as a conjugal partner if:
•you have maintained a conjugal relationship with your sponsor for at least one year and you have been prevented from living together or marrying because of:
◦an immigration barrier
◦your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or
◦your sexual orientation (for example, you are in a same-sex relationship and same-sex marriage is not permitted where you live)
•you can provide evidence there was a reason you could not live together (for example, you were refused long-term stays in each other’s country).
You should not apply as a conjugal partner if:
•You could have lived together but chose not to. This shows that you did not have the level of commitment required for a conjugal relationship. (For example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together.)
•You cannot provide evidence there was a reason that kept you from living together.
•You are engaged to be married. In this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months.
Relationships that are not eligible
You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if:
•you are under 16 years of age
•you (or your sponsor) were married to someone else at the time of your marriage
•you have lived apart from your sponsor for at least one year and either you (or your sponsor) are the common-law or conjugal partner of another person
•your sponsor immigrated to Canada and, at the time they applied for permanent residence, you were a family member who should have been examined to see if you met immigration requirements, but you were not examined or
•your sponsor previously sponsored another spouse, common-law partner or conjugal partner, and three years have not passed since that person became a permanent resident.
You make sure na ang consultant agency na kinuha ng husband mo ay canadian immigration lawyer din para alam nya kung paano nya magagawan ng paraan yang case nyo. Malalaman at malalaman ng Canadian Embassy ang mga issues kase they conduct their own background checks sa sponsor at person being sponsored.
Kung ako ang nasa situation nyo hanggat maaga pa iwithraw ko na lang muna ang application at aantayin ko muna ang official divorce certificate ng husband ko at saka ako magpapakasal ulit. Sayang ang panahon at pera na gagastusin na wala naman palang kapupuntahan.
Good luck ulit at discuss nyo maigi sa isang canadian immigration lawyer ang totoong case nyo para matulungan nya kayo.
=)
