which route should I do first?

[Nabongssi]

I am in need of help on how to get my girlfriend of 4 years to canada. We were schoolmates back in the day in high school, and got in touch during my first trip back to the Philippines after more than a decade..

a quick background:

-My family and I migrated to Canada from the Philippines and got our citizenship back in 2007. -Currently working, and can support another person. No kids, never married. I've gone several times over the past 4 years to visit her, but my stay only lasts 5-7 weeks due to work.

Now as for her, she's based in the Philippines, and since no divorce is allowed there, she cannot file it. Her husband has been absent(we dont know where he is exactly just hearsay from friends of his relatives) in her life for awhile now, like I've said we've been going out for four years, making sure she's really the one I would like to be with.

-She hasn't traveled at all the past 8 yrs or so outside the Philippines, I'm not sure if it will count against her or not.

-She works fulltime, its pretty much home based as her clients are overseas.

My questions:

-What can I do to help move the process as fast as possible, hopefully before 2019 ends. We are both almost in our mid 30s.

-Should I get her to come here via visitor visa, hoping she can stay here for one year and then file for common law? if so, tips on making the process efficiently?

-Apply for annulment in the Philippines first and then get married?(this might take awhile and is very expensive unfortunately, so hoping its last resort)

-Any helpful guidance is appreciated. and if someone is willing to help me or refer me to someone who can help that will also be great/appreciated.

 

[scylla]

I am in need of help on how to get my girlfriend of 4 years to canada. We were schoolmates back in the day in high school, and got in touch during my first trip back to the Philippines after more than a decade..

a quick background:

-My family and I migrated to Canada from the Philippines and got our citizenship back in 2007. -Currently working, and can support another person. No kids, never married. I've gone several times over the past 4 years to visit her, but my stay only lasts 5-7 weeks due to work.

Now as for her, she's based in the Philippines, and since no divorce is allowed there, she cannot file it. Her husband has been absent(we dont know where he is exactly just hearsay from friends of his relatives) in her life for awhile now, like I've said we've been going out for four years, making sure she's really the one I would like to be with.

-She hasn't traveled at all the past 8 yrs or so outside the Philippines, I'm not sure if it will count against her or not.

-She works fulltime, its pretty much home based as her clients are overseas.

My questions:

-What can I do to help move the process as fast as possible, hopefully before 2019 ends. We are both almost in our mid 30s.

-Should I get her to come here via visitor visa, hoping she can stay here for one year and then file for common law? if so, tips on making the process efficiently?

-Apply for annulment in the Philippines first and then get married?(this might take awhile and is very expensive unfortunately, so hoping its last resort)

-Any helpful guidance is appreciated. and if someone is willing to help me or refer me to someone who can help that will also be great/appreciated.

She can try applying for a TRV. If it's approved, she can come here as a visitor and then extend the TRV to achieve a year of living together in Canada to apply under common law. Based on her profile, it may be quite difficult to get the TRV approved - but you might as well give it a try first.

If the TRV is refused, then you should return to the Philippines and live there for a year together to qualify as common law. I'm assuming you hold citizenship from the Philippines so there would be nothing stopping you from moving there for a year.

 

[shalenabennie]

She can try applying for a TRV. If it's approved, she can come here as a visitor and then extend the TRV to achieve a year of living together in Canada to apply under common law. Based on her profile, it may be quite difficult to get the TRV approved - but you might as well give it a try first.

If the TRV is refused, then you should return to the Philippines and live there for a year together to qualify as common law. I'm assuming you hold citizenship from the Philippines so there would be nothing stopping you from moving there for a year.

What about her already being married? Can he sponsor a married woman as a common-law?

 

[Kedeisha]

Yes he can.
Maybe he can also look into Conjugal although there are no barriers except her not being able to get divorce and since its "expected " he tries to do common law, Conjugal is an option too. Might be hard but it's an option

What about her already being married? Can he sponsor a married woman as a common-law?

 

[scylla]

Yes he can.
Maybe he can also look into Conjugal although there are no barriers except her not being able to get divorce and since its "expected " he tries to do common law, Conjugal is an option too. Might be hard but it's an option

I don't think conjugal is an option in this case. OP is originally from the Philippines so there is no real immigration barrier to common law. He can easily return to the Philippines and live there for a year with her.

 

[scylla]

What about her already being married? Can he sponsor a married woman as a common-law?

Yes - absolutely. He can certainly sponsor her as common law once they have lived together for a year.

 

[Nabongssi]

She can try applying for a TRV. If it's approved, she can come here as a visitor and then extend the TRV to achieve a year of living together in Canada to apply under common law. Based on her profile, it may be quite difficult to get the TRV approved - but you might as well give it a try first.

If the TRV is refused, then you should return to the Philippines and live there for a year together to qualify as common law. I'm assuming you hold citizenship from the Philippines so there would be nothing stopping you from moving there for a year.

can you please elaborate further on the TRV issues? and what can I do to increase the chances of her getting it?

 

[scylla]

can you please elaborate further on the TRV issues? and what can I do to increase the chances of her getting it?

To be approved for a TRV, she needs to show strong ties to her home country (e.g. employment, assets, property) to demonstrate she has no plans on remaining in Canada long term. She must also show she has sufficient funds to pay for her visit to Canada. I would recommend she ask for a 2-3 week trip.

The fact she has no travel history will work against her unfortunately.

 

[canuck_in_uk]

I don't think conjugal is an option in this case. OP is originally from the Philippines so there is no real immigration barrier to common law. He can easily return to the Philippines and live there for a year with her.

There is a legal barrier because adultery is illegal in the Philippines.

If the TRV is refused, they can go conjugal.

 

[Nabongssi]

To be approved for a TRV, she needs to show strong ties to her home country (e.g. employment, assets, property) to demonstrate she has no plans on remaining in Canada long term. She must also show she has sufficient funds to pay for her visit to Canada. I would recommend she ask for a 2-3 week trip.

The fact she has no travel history will work against her unfortunately.

I've mentioned she works home based so thats a problem since technically she can do it anywhere?
as for assets she doesnt own her house shes just renting. what would be good "ties" to have? she has family(parents etc)

just out of curiosity how hard is getting an extension if someone only asks for 2-3 weeks? ans how long do they typically give you?

 

[shalenabennie]

just out of curiosity how hard is getting an extension if someone only asks for 2-3 weeks? ans how long do they typically give you?[/QUOTE]

Trv are valid for 6 months.

 

[canuck_in_uk]

I've mentioned she works home based so thats a problem since technically she can do it anywhere?
as for assets she doesnt own her house shes just renting. what would be good "ties" to have? she has family(parents etc)

just out of curiosity how hard is getting an extension if someone only asks for 2-3 weeks? ans how long do they typically give you?

No, her parents are not considered strong ties.

Extensions are generally granted for people who are trying to become common-law to apply for sponsorship.

 

[Nabongssi]

No, her parents are not considered strong ties.

Extensions are generally granted for people who are trying to become common-law to apply for sponsorship.

so basically the big hurdle is getting the TRV and the extension isnt as bad. I suppose we should do an application for a TRV first and see what happens. any other tips for us to increase our chances?

 

[canuck_in_uk]

so basically the big hurdle is getting the TRV and the extension isnt as bad. I suppose we should do an application for a TRV first and see what happens. any other tips for us to increase our chances?

Yes, the TRV is the hurdle. Search the visitor section of the forum for threads about ties and documentation. Look for answers from Bryanna, who is a senior.