Filipinos here who have common-law sponsorshp inland but not annulled in Phils.

[Quebec_visitor]

Hi im am new here and I need help.

Im currently here in canada with my canadian common-law partner and our baby. I am here in a visitoR visa. Now he wants to sponsor me for permanent residency under family class inland. I am previously married in Philippines and it Is not annulled and we dont have a legal separation either. Filling for annulment takes time and money. So I was thinking if i file a divorce here in canada is it recognize by the CIC and ok to submit as one of the requiremnts? How about the custody of my child? My 2 kids is currently under the care of my parents and im the one who supports them. how can i apply for child custody if i am here in Canada? Do i really have to file it in court or can i settle it outside the court?

I really need your help guys...Thank you in advance....

[kmw]

 Hi,

My question is where did you get married and is your spouse a Filipino? because if you married a Filipino and married in the Philippines then there is no way for you to divorce your spouse from Canada only annulment and should be in the Philippines. Unless your spouse is a different citizen then he/she can divorce you from his/her country. If you've been married before then you can declare your previous relationship before, it might just be very hard for you to convince the visa officer.  I suggest that  legal separation with papers can help in order to support your claim that you've been separated and can include the custody of the kids it's fast unlike annulment but the burden is you can't re-marry or if you've got funds and patience you can actually file annulment which can only take 6 to 8 months nowadays depending on your case.

[dadaem]

Hi im am new here and I need help.

Im currently here in canada with my canadian common-law partner and our baby. I am here in a visitoR visa. Now he wants to sponsor me for permanent residency under family class inland. I am previously married in Philippines and it Is not annulled and we dont have a legal separation either. Filling for annulment takes time and money. So I was thinking if i file a divorce here in canada is it recognize by the CIC and ok to submit as one of the requiremnts? How about the custody of my child? My 2 kids is currently under the care of my parents and im the one who supports them. how can i apply for child custody if i am here in Canada? Do i really have to file it in court or can i settle it outside the court?

I really need your help guys...Thank you in advance....

I suggest you consult a lawyer because they can advice you better. They might even have options for you. All I know is, CIC only accepts marriage to one spouse. If one was previously married, the marriage should be null and void before the person could be sponsored as a common-law or spouse of another.

[Quebec_visitor]

Hi,

My question is where did you get married and is your spouse a Filipino? because if you married a Filipino and married in the Philippines then there is no way for you to divorce your spouse from Canada only annulment and should be in the Philippines. Unless your spouse is a different citizen then he/she can divorce you from his/her country. If you've been married before then you can declare your previous relationship before, it might just be very hard for you to convince the visa officer.  I suggest that  legal separation with papers can help in order to support your claim that you've been separated and can include the custody of the kids it's fast unlike annulment but the burden is you can't re-marry or if you've got funds and patience you can actually file annulment which can only take 6 to 8 months nowadays depending on your case.

I was married to a Filipino in Philippines. They said that processing of legal separation is as long as annulment.....but do u have any idea how long is legal seperation now and how much it cost? thanks for your reply.

[Quebec_visitor]

I suggest you consult a lawyer because they can advice you better. They might even have options for you. All I know is, CIC only accepts marriage to one spouse. If one was previously married, the marriage should be null and void before the person could be sponsored as a common-law or spouse of another.

Thank you for the reply...actaully I have appointment already in the 15th to a lawyer here in quebec...The CIC told me that i could get a divorce here and they accept it...its only in our country they dont recognize it.....but i am also considering of legal separation in Pinas...kaso hirap maghanap ng lawyer na mapapabilis ang processing...

[kmw]

 Hi again,

 Here it is you can browse this site and learn about the difference of legal separation and annulment- i got my annulment from my previous marriage last year it took me 8 months and getting info's from different blog sites really helped me, Good luck!  it can be bit long journey but worth it.

http://www.bcphilippineslawyers.com/annulment-divorce-legal-separation/455/

[dadaem]

Thank you for the reply...actaully I have appointment already in the 15th to a lawyer here in quebec...The CIC told me that i could get a divorce here and they accept it...its only in our country they dont recognize it.....but i am also considering of legal separation in Pinas...kaso hirap maghanap ng lawyer na mapapabilis ang processing...

Sa Pinas pa. Mabagal lahat don. Anyway, I wish you all the best.

[emrn]

Thank you for the reply...actaully I have appointment already in the 15th to a lawyer here in quebec...The CIC told me that i could get a divorce here and they accept it...its only in our country they dont recognize it.....but i am also considering of legal separation in Pinas...kaso hirap maghanap ng lawyer na mapapabilis ang processing...

yes u can file divorce in Canada but u need atleast 1 year residency. However it is not recognized in the Philippines. So if ever u get divorced sa Canada and get married there it's ok they recognize it but u might get in trouble if ever u come home here sa Pinas because since you are not yet a Canadian Citizen you are still bound with the Philippine law. u can apply for common law application and make an affidavit with your lawyer that you are separated with ur husband in the Philippines and that there is no way that you and him will ever be reunited and have noting to do with him. However if u will be applying for common-law u must be in a common-law relationship and have lived at least for 1 year. Canadian embassy is aware on the annulment process and that we don't have divorce in the Philippines so they always take that in considerations. But if kakayanin mo naman just file for annulment para wala ng complications.

[Quebec_visitor]

Hi again,

 Here it is you can browse this site and learn about the difference of legal separation and annulment- i got my annulment from my previous marriage last year it took me 8 months and getting info's from different blog sites really helped me, Good luck!  it can be bit long journey but worth it.

under common-law or spousal sonsorship ba ikaw? from where ka pala sa pinas....and how much u spend for the annulment....share naman ur story oh...pasensya na ha dami ako question...thank u...

[Quebec_visitor]

Sa Pinas pa. Mabagal lahat don. Anyway, I wish you all the best.

your right.... thank u...Bonne Chance!!!!

[Quebec_visitor]

yes u can file divorce in Canada but u need atleast 1 year residency. However it is not recognized in the Philippines. So if ever u get divorced sa Canada and get married there it's ok they recognize it but u might get in trouble if ever u come home here sa Pinas because since you are not yet a Canadian Citizen you are still bound with the Philippine law. u can apply for common law application and make an affidavit with your lawyer that you are separated with ur husband in the Philippines and that there is no way that you and him will ever be reunited and have noting to do with him. However if u will be applying for common-law u must be in a common-law relationship and have lived at least for 1 year. Canadian embassy is aware on the annulment process and that we don't have divorce in the Philippines so they always take that in considerations. But if kakayanin mo naman just file for annulment para wala ng complications.

mag one year na ako dito  in May... i cant file annulment now kasi i will not be able to appear in court sa pinas kasi my partner want me to stay here until papers is done....Im receiving checques from revenue canada  for  child support of my canadian baby.... and they give me a Temporary social insurance number here....

[hawks]

your right.... thank u...Bonne Chance!!!!

Hi Quebec_visitor! can i email u? My representative is also from Quebec maybe i can share to u what we learned from her.  

[G.Ysabelle]

Hi im am new here and I need help.

Im currently here in canada with my canadian common-law partner and our baby. I am here in a visitoR visa. Now he wants to sponsor me for permanent residency under family class inland. I am previously married in Philippines and it Is not annulled and we dont have a legal separation either. Filling for annulment takes time and money. So I was thinking if i file a divorce here in canada is it recognize by the CIC and ok to submit as one of the requiremnts? How about the custody of my child? My 2 kids is currently under the care of my parents and im the one who supports them. how can i apply for child custody if i am here in Canada? Do i really have to file it in court or can i settle it outside the court?

I really need your help guys...Thank you in advance....

Hi Sis.  We do have similar situation,  but honestly I will tell you now you have to prepare yourself and have load of strength with you and work on this things one at a time...  Like you I was also married here in the Phils.(now, ex-husband) with 2 kids when I came to Canada 2008 as foreign worker.  The best advice I can give you is to file for a divorce there in Canada, but you have to make sure that your tourists visa status still valid while you are staying there... mind you once the immigration officer found out that you have a baby (or still pregnant) and you are just a tourists and married back home with kids they will really go after you.  My annulment took me 15 months before it was granted.. and I spent P150,000 just for legal fees alone,  I didn't include in my annulment the kids custody case as it will prolong the process and will greatly affect the kids schooling and will be traumatic for them...  as I said one at a time sister otherwise maloloka ka.  First and foremost to consider is your legal status there in Canada para di ka nila pauwiin, 2nd file a divorce there, 3rd it doesn't matter if you will file annulment here sa Pinas... it depends if your husband here in the Phils. will be cooperative with you when it comes to the kids, otherwise that's another struggling.  You may able to sponsor  the kids someday BUT with the consent of the father.   I've been in your situation before,  gladly I am annulled since May 2011, just got married last Dec. 2, 2011 with my Canadian husband now, I currently have a pending child custody battle for my 2 boys,  and is waiting this year for the approval of my spousal sponsorship and Canadian Citizenship Certificate for our 2 year old girl.  It's been 3 full years of challenges and struggling... I made this far with a loving support from my husband who is 8,000 miles awayfrom me, he is very supportive of me all throughout...  PM me if you have any queries. Goodluck!!!

[Quebec_visitor]

Hi Sis.  We do have similar situation,  but honestly I will tell you now you have to prepare yourself and have load of strength with you and work on this things one at a time...  Like you I was also married here in the Phils.(now, ex-husband) with 2 kids when I came to Canada 2008 as foreign worker.  The best advice I can give you is to file for a divorce there in Canada, but you have to make sure that your tourists visa status still valid while you are staying there... mind you once the immigration officer found out that you have a baby (or still pregnant) and you are just a tourists and married back home with kids they will really go after you.  My annulment took me 15 months before it was granted.. and I spent P150,000 just for legal fees alone,  I didn't include in my annulment the kids custody case as it will prolong the process and will greatly affect the kids schooling and will be traumatic for them...  as I said one at a time sister otherwise maloloka ka.  First and foremost to consider is your legal status there in Canada para di ka nila pauwiin, 2nd file a divorce there, 3rd it doesn't matter if you will file annulment here sa Pinas... it depends if your husband here in the Phils. will be cooperative with you when it comes to the kids, otherwise that's another struggling.  You may able to sponsor  the kids someday BUT with the consent of the father.   I've been in your situation before,  gladly I am annulled since May 2011, just got married last Dec. 2, 2011 with my Canadian husband now, I currently have a pending child custody battle for my 2 boys,  and is waiting this year for the approval of my spousal sponsorship and Canadian Citizenship Certificate for our 2 year old girl.  It's been 3 full years of challenges and struggling... I made this far with a loving support from my husband who is 8,000 miles awayfrom me, he is very supportive of me all throughout...  PM me if you have any queries. Goodluck!!!

Hi miss Isabelle... thank your this great info... now i have already extend my stay untl november 2012 and they grant it. my baby is canadian citizen already....I think my ex will sign a paper that he will give me consent and custdy for the child to bring it here...pero sometimes pabago bago sya ng isip...Yes we really have to very patient and really have more strength for this kind situation...Good luck to u too...

[Quebec_visitor]

Hi Quebec_visitor! can i email u? My representative is also from Quebec maybe i can share to u what we learned from her.  

sure..email sent in ur inbox....