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raycrawford
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« on: February 21, 2009, 04:54:32 am » |
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My common law spouse is married in the philippines where there is no divorce.
She has one letter of agreement signed by both her and her husband discussing division of assets, kids etc and affidavits from family members confirming the date of separation.
Just wondering if anyone has applied in this situation successfully?
Regards,
Raymond.
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BCguy
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« Reply #1 on: February 21, 2009, 09:30:29 am » |
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No,the Canadian embassy in the Philippines will look for the certificale of singleness issued by NSO,Where is she currently residing,So I can discuss options
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I am not an Immigration Lawyer or Consultant But a humble public servant for my Province,doing what I can do to help you to the best of my ability including help you adopt a puppy from the SPCA
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raycrawford
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« Reply #2 on: February 21, 2009, 08:35:13 pm » |
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I have talked to many immigration lawyers, it is not possible to get this document from NSO unless she has an annulment. CIC realizes there is no divorce in the philippines and will accept proof that the previous relationship has ended, in the form of separation agreement of affidavids.
There are millions of filipinas in the philippines that are separated and have no idea where there husbands are.
I need a response from someone who has accomplished this.
Regards,
Ray.
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Leon
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« Reply #3 on: February 22, 2009, 07:43:46 am » |
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You can try applying as a conjugal. You have a very good excuse why you can't marry her when she is already married and can't get a divorce.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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BCguy
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« Reply #4 on: February 22, 2009, 09:37:01 am » |
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I have talked to many immigration lawyers, it is not possible to get this document from NSO unless she has an annulment. CIC realizes there is no divorce in the philippines and will accept proof that the previous relationship has ended, in the form of separation agreement of affidavids.
There are millions of filipinas in the philippines that are separated and have no idea where there husbands are.
I need a response from someone who has accomplished this.
Regards,
Ray.
I have assisted Filipinos who have come into our constituency office asking for help and i have ASSISTED about 5 such cases,Does this count???But I have to have facts,Does She live in Philippines,Canada or 3rd country???Is she in contact with Ex Husband???Are you in Canada or Philippines???You need to give more facts.Btw Lawyers come to us asking for help We dont ask for help from them |
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I am not an Immigration Lawyer or Consultant But a humble public servant for my Province,doing what I can do to help you to the best of my ability including help you adopt a puppy from the SPCA
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raycrawford
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« Reply #5 on: February 23, 2009, 03:51:17 am » |
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We are living together and have been for 3 years but I have been back to Canada a few times. In July we will have been together one complete year and want to apply as common law.
She has her two kid every second weekend, they live with their dad. So yes she has no choice but to be in contact with him.
He will not cooperate anyway in any legal proceedings.
She was lucky enough to have one agreement signed by them both. Also letters notarized from family members validating their date of separation.
We have everything they ask for as evidence except an insuance policy.
Joint lease, joint bills, purcased car, property, mail to both at our addess, licence for both at our address, e mails when I am in Canada, her phone bill showing daily calls when I am in Canada etc etc.
My only concern is the no divorce issue, I have been told by many consultants as long as we can prove the relationship has ended for over a year we will be ok??
Regards,
Raymond.
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BCguy
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« Reply #6 on: February 23, 2009, 10:56:46 am » |
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OK you have a good chance of applying for conjugal relationship,Try improve your case with LOTS of pictures with you and HER family at gatherings and social events together to show they accept your relationship,Show pictures of you and her together with her kids if possibile on Holidays events to show you are a family unit.The manual puts weight on picture evidence.Another option that some people have done is have their partners come into Canada under a different type of visa like Student or working then obtain a divorce in Canada then Divorce the Filipino partner in Canada and then you marry in Canada
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I am not an Immigration Lawyer or Consultant But a humble public servant for my Province,doing what I can do to help you to the best of my ability including help you adopt a puppy from the SPCA
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yenoh07
Newbie
Posts: 4
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« Reply #7 on: February 26, 2009, 08:06:57 am » |
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i want to join to this topic...i am a filipina, married in the philippines but i acquired my divorce in hongkong last 2001, i am just wondering if the canadian gov't will honor this divorce order? as we all understand there is no divorce in phils but will they consider my documents from hk? i have a boyfriend here , a pr holder who is willing to marry me, but i am not sure if it is possible.
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BCguy
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« Reply #8 on: February 26, 2009, 09:26:21 pm » |
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i want to join to this topic...i am a filipina, married in the philippines but i acquired my divorce in hongkong last 2001, i am just wondering if the canadian gov't will honor this divorce order? as we all understand there is no divorce in phils but will they consider my documents from hk? i have a boyfriend here , a pr holder who is willing to marry me, but i am not sure if it is possible.
Yes you can legally marry him in Hong Kong then You will have your divorce recognized in Canada,They follow the rule of residence,You are Resident in HK then your are divorced and your boyfriend can marry and sponsor you |
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I am not an Immigration Lawyer or Consultant But a humble public servant for my Province,doing what I can do to help you to the best of my ability including help you adopt a puppy from the SPCA
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