Hi guys, i would like to check if CIC will recognize my current marriage.
Background: I am married in Philippines(Filipino citizen) but divorced in Singapore (I am a Singapore PR) with first wife. I have remarried in SG with second wife and now would like to apply to go to Canada with my second wife and our child. First wife and I didn't annul in PH due to cost and bitterness and stupid process.
Divorce in Singapore requires that you must be domiciled in Singapore for 3years prior to applying for Divorce. Obviously we fulfilled this requirement since we were able to get the divorce.
The Divorce Act of Canada provides the following provision:
22. (1) A divorce granted, on or after the coming into force of this Act, pursuant to a law of a country or subdivision of a country other than Canada by a tribunal or other authority having jurisdiction to do so shall be recognized for all purposes of determining the marital status in Canada of any person, if either former spouse was ordinarily resident in that country or subdivision for at least one year immediately preceding the commencement of proceedings for the divorce.
In plain English, this provision prohibits people from running off to a foreign country for a weekend to get a divorce and hope that it can be recognized in Canada. The law in Canada is that at least one of the spouses must have lived in the foreign country for at least one year immediately before the start of the divorce proceeding. Needless to say, the divorce must also be granted by a competent court or tribunal in that foreign country.
Now given the above information, will CIC accept my second marriage?
When I apply, I will be informing CIC of all marriages and divorce with explanation. I just want to know that given the Divorce Act of Canada - will they honor my second marriage even if I already divorced my first wife in Singapore, but not in Philippines where we originally married.
Thanks guys!
Background: I am married in Philippines(Filipino citizen) but divorced in Singapore (I am a Singapore PR) with first wife. I have remarried in SG with second wife and now would like to apply to go to Canada with my second wife and our child. First wife and I didn't annul in PH due to cost and bitterness and stupid process.
Divorce in Singapore requires that you must be domiciled in Singapore for 3years prior to applying for Divorce. Obviously we fulfilled this requirement since we were able to get the divorce.
The Divorce Act of Canada provides the following provision:
22. (1) A divorce granted, on or after the coming into force of this Act, pursuant to a law of a country or subdivision of a country other than Canada by a tribunal or other authority having jurisdiction to do so shall be recognized for all purposes of determining the marital status in Canada of any person, if either former spouse was ordinarily resident in that country or subdivision for at least one year immediately preceding the commencement of proceedings for the divorce.
In plain English, this provision prohibits people from running off to a foreign country for a weekend to get a divorce and hope that it can be recognized in Canada. The law in Canada is that at least one of the spouses must have lived in the foreign country for at least one year immediately before the start of the divorce proceeding. Needless to say, the divorce must also be granted by a competent court or tribunal in that foreign country.
Now given the above information, will CIC accept my second marriage?
When I apply, I will be informing CIC of all marriages and divorce with explanation. I just want to know that given the Divorce Act of Canada - will they honor my second marriage even if I already divorced my first wife in Singapore, but not in Philippines where we originally married.
Thanks guys!