please help me , regarding the proofs the embassy want

[lagunabeachbabe]

hi guys please help me, im scheduled for interview, and i got letter from embassy they are asking me to provide more proofs that my common law partner is already separated from his ex spouse and proof of costudy of the child, were under common law and no divorce here in philippines, i submitted before a signed separattion agreement both signed by him and his ex, now my ex kids is below 7 yrs old so automatic in the  law that they will be with there mother, i dont understand why they want proofs like this, what we can provide is a file case in the court that my partner tried to get the costudy of kids but at the end my partner remove the case and just settle an oral agreement wth his ex that his ex will get the custody and he will support them, also we have anulment case file made by lawyer but it wasnt filed on the court cos the lawyer change his fees in the end it ws too expensive, will these documents help?? please i need you advice

[Stumpedmom]

Is your ex the Canadian??  If so, there is no law here that states that because the children are under 7 the mother automatically gets custody.

They may want a legal separation paper from your exes previous relationship.  Here in Canada you can take the paperwork to the courthouse and have them sworn.

Just ideas if your partner is the Canadian spouse...

[Kedeisha]

there is no law that says moms get the kids automatically

they want custody arrangement and proof that the dad is allowing the child to migrate to canada so this is the custody arrangement if ur partner has SOLE custody of the child if not the dad signs the non accompanying parent form for the child to migrate

They may also need an affidavit saying that they really are seperated as they were not satisfied with the seperation agreement u submitted

You also need a complete document so annulment docs that were started and cancelled even because fees were high is proving CIC claim that your common law may not be genuine, so my advice get something finalised about both the custody and common law as it appears right now those status are up in the air.

[lagunabeachbabe]

his ex is filipina, in phil law if kids below 7 they will be automatic be with mother unless u file a case of custody in the court which we did but in the end my partner remove the case and just have oral agreement with his ex, are thse cotudy papaers wven it was remove can be proofs?pls help me guys

[lagunabeachbabe]

the kids are dual citizens,

[Kedeisha]

get the non accompanying parent to sign the form that says they allow their child to migrate to Canada and they have no objection this form is in the region specific guide for your country

[lagunabeachbabe]

the law here is diffirent, i asked the lawyer to notarize the agreement but they said, its not allowed in law here, it needs to be settled in court first like legal separation or anulment and those takes years and money, the cic is just asking addtional proofs that they have been separated, i can provide a cotudy papers that was filed in court but it was remove since my partner just had an greement with his ex orally , and the anulment case that didnt make it to the court , is that anough?i only have one month to provide this,, please help, his ex is not a cooperative person,

[lagunabeachbabe]

they are not migrating to canada, they are staying with there mom here, plus they are canadian citizen too, because there dad is canadian, in law here 7 below is gona be under mothers supervision unless you file a costudy

[Kedeisha]

ok if the kids are not coming and they are listed on the application as non accompanying its weird that they would ask for custody arrangement of non accompanying kids

as for the seperation you can submit what you have and if they are not satisfied they can always request more information


It would be great if u posted this in the Manilla thread so others there would be able to better guide you

[lagunabeachbabe]

yes they were non accompanying , and they can come to canada anytime they wnt cos they are citizen that why im confuse why they are aksing this too, i also posted in manila thread but no one responsind yet, i worry that i dont have enough time if they will ask more proofs since my partner is canada, and i dont wna deal iwth his ex, plus my medical will expire in dec, is it ok to tell them if they ask that accrding to the law below 7 kids automatically goes to mothers costudy?

[lovely20]

hi guys please help me, im scheduled for interview, and i got letter from embassy they are asking me to provide more proofs that my common law partner is already separated from his ex spouse and proof of costudy of the child, were under common law and no divorce here in philippines, i submitted before a signed separattion agreement both signed by him and his ex, now my ex kids is below 7 yrs old so automatic in the  law that they will be with there mother, i dont understand why they want proofs like this, what we can provide is a file case in the court that my partner tried to get the costudy of kids but at the end my partner remove the case and just settle an oral agreement wth his ex that his ex will get the custody and he will support them, also we have anulment case file made by lawyer but it wasnt filed on the court cos the lawyer change his fees in the end it ws too expensive, will these documents help?? please i need you advice

Let me get this straight once and for all.  Your partner is a Canadian citizen who was previously married to a Filipina living in the Philippines, right?  They have kids who are technically Canadian citizens due to the fact that the dad is Canadian right? 

I think the proof that the Embassy wants is a legal separation filed in the Philippines.  Your spouse is still technically married to his ex-wife due to the lack of petition for legal separation.  This petition should be filed in court to take effect, a signed document by both parties even if it is notarized does not make the contract binding.  Even if they file for the legal separation technically in Philippine law neither can get married or cohabit with another person (but of course we know this is not the case there, as there are a lot who just simply ignore the law).

What your partner can do is apply for a divorce decree in Canada since he is Canadian.  And have the divorce recognized in the Philippines.  A foreigner can divorce a Filipina and can get married again in the Philippines as long as he files for a court recognition of the divorce. 

[lagunabeachbabe]

hi lovely your right, were planning to do that rto file a divorce once im there and get married but for now, we wnted to be together badly, the letter says provide other proof of separtion, it didnt say it should be in legal forms, almost evrything here in philippines takes so much time and money before you can get anything to be legally done, i only have one month to provide this evidence and bring it to the interview.

[lovely20]

hi lovely your right, were planning to do that rto file a divorce once im there and get married but for now, we wnted to be together badly, the letter says provide other proof of separtion, it didnt say it should be in legal forms, almost evrything here in philippines takes so much time and money before you can get anything to be legally done, i only have one month to provide this evidence and bring it to the interview.

I suggest that he files for divorce right away as there is no hindrance right now in doing so.  As soon as the divorce is filed, the Canadian immigration can use that as a basis rather than risk of being denied.  All I'm saying is that make sure everything is in order and don't rush into this stuff, make everything legal (at least in Canadian law). 

When they ask for proof of separation, your best proof is the formal petition for legal separation filed in Phil court or the divorce decree issued in Canada.  Unless you want them to see this as a relationship of convenience.  If you can't provide those documents, I don't see how else can you prove they are indeed separated as the document they signed together before is not legally binding.  And we know how easy it is to get fake documentations in Manila, everything can be forged even his ex-wife's signature.  Maybe if you can ask her to write a letter stating the fact and have it notarized it might help your case.

[lagunabeachbabe]

OP2 SAYS

Persons who are married to third parties may be considered common-law partners provided their
marriage has broken down and they have lived separate and apart from the spouse for long
enough to establish a common-law relationship – at least one year. In this case they must have
cohabited in a conjugal relationship with the common-law partner for at least one year.
Cohabitation with a common-law partner cannot be considered to have started until a physical
separation from the spouse has occurred. A common-law relationship cannot be legally
established if one or both parties continue their marital relationships.
Officers must be satisfied that a principal applicant is separated from and no longer cohabits with
a legal spouse. This evidence may be in the form of a signed formal declaration that the marriage
has ended and that the person has entered into a common-law relationship. An officer may
require that the person produce other written evidence of a formal separation or of a breakdown of
the marriage. Acceptable documents include a separation agreement, a court order in respect of
custody of children identifying the fact of the marriage breakdown, documents removing the
legally married spouse(s) from insurance policies or will as beneficiaries (a “change of beneficiary”
form).
In the above circumstances, the legal spouse of the principal applicant need not be examined and
will not be considered a member of the family class if the applicant later attempts to sponsor this
spouse. [See R117(9)(d)]. Notes in CAIPS should indicate that the applicant was aware of the
consequences of non-examina

[lagunabeachbabe]

please help, any other ideas of proofs of separation from former spouse that maybe produce?