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Author Topic: IMMOfficer, Robslub, Seniors,Please Help (Conjugal Partner)  (Read 260 times)
marisol
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« on: November 16, 2009, 10:39:14 am »

Last September me and my partner received letter that they are not satisfied for my application as conjugal partner and asking us to provide divorce certificate. We cannot provide that because in our country there is no divorce. So my partner send letter and some internet pages articles that there is no divorce in Phils. And today, i received letter to provide divorce certificate for sponsor, and if I unable to comply with their request, they asking me to provide a detailed explanation. And my question is are they acknowledge my partner letter? and am i going to send letter the same like my partner did? Im in a total lost... please help me, reading everyday in this forum help me a lot to ease my worries..
thanks....
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PMM
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« Reply #1 on: November 16, 2009, 01:41:40 pm »

Hi

Last September me and my partner received letter that they are not satisfied for my application as conjugal partner and asking us to provide divorce certificate. We cannot provide that because in our country there is no divorce. So my partner send letter and some internet pages articles that there is no divorce in Phils. And today, i received letter to provide divorce certificate for sponsor, and if I unable to comply with their request, they asking me to provide a detailed explanation. And my question is are they acknowledge my partner letter? and am i going to send letter the same like my partner did? Im in a total lost... please help me, reading everyday in this forum help me a lot to ease my worries..
thanks....

I have to assume you partner (sponsor) is a Canadian citizen or PR of Canada.  It appears that they want to see his/her divorce certificate.  There is no restriction on Filipinos divorcing in Canada.

PMM
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RobsLuv
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« Reply #2 on: November 16, 2009, 02:04:22 pm »

I think I would do exactly as your partner did - write a letter and include whatever documentation you have to the fact that there is no divorce in the Philippines.  It's my understanding that you're the sponsor, so (like PMM suggested) maybe because you're in Canada, they're asking for proof of your divorce because they think you might have married in Canada.  So try also sending proof that your marriage was in the Philippines. 

I don't know that you can assume that just because there is no cc on the letter, it means they were satisfied with the proof your partner sent. 
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Married Sept '06 after 4 yr LDR.  Applied via outland ap in March 2007 -  refused Jan '08 due to inadmissible adult "dependent child".  Appeal filed Jan '08; appeal hearing Jan 2010.  WE WON - FINALLY!!!
PMM
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« Reply #3 on: November 16, 2009, 02:56:42 pm »

Hi

I think I would do exactly as your partner did - write a letter and include whatever documentation you have to the fact that there is no divorce in the Philippines.  It's my understanding that you're the sponsor, so (like PMM suggested) maybe because you're in Canada, they're asking for proof of your divorce because they think you might have married in Canada.  So try also sending proof that your marriage was in the Philippines. 

I don't know that you can assume that just because there is no cc on the letter, it means they were satisfied with the proof your partner sent. 

But if the sponsor is a CC/or PR (If PR would have to be in Canada) there is nothing stopping him or her from obtaining a divorce in Canada, no matter where s/he was married.  I think that is what CIC/CHC Manila wants to know.

PMM
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marisol
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« Reply #4 on: November 16, 2009, 09:49:25 pm »

I have to assume you partner (sponsor) is a Canadian citizen or PR of Canada.  It appears that they want to see his/her divorce certificate.  There is no restriction on Filipinos divorcing in Canada.

Hi to all and thanks for the input: He is PR in Canada, and Im in Brunei and we process our papers in Singapore....
on the article \Divorce and Annulment in the Philippines at Philippine e-Legal Forum.mht says that: 1. Divorce is not recognized under Philippine laws. If you're a Filipino, it doesn't matter where you get a divorce: such divorce is invalid/void in the Philippines. This is because under the nationality principle (Art. 15, Civil Code), all Filipinos – where they may be in the world – are bound by Philippine laws on family rights and duties, status, condition, and legal capacity. Yes, folks, you can run, but you can't hide. so it means that
It is illegal for us to get divorce and even if we do get divorce in another country. This will not be recognize and we could be charge in court by the government. It is for this reason , why we applied for conjugal partner category. ... I just hope that a letter what my partner did is enough to satisfied  the officer.. please pray for me...
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Karlshammar
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« Reply #5 on: November 16, 2009, 09:55:02 pm »

You are applying for PR in Canada, though, and another divorce would be recognized there. You are now married and applying to be sponsored by someone other than your spouse. They are likely to wonder why you did not apply for divorce outside of the Philippines since Filipino law does not apply in other countries...
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