Can i apply for conjugal if my common law application was refused ?

[screech339]

That is big financial burden for me as I am the only one working
and I have been supporting her half of my salary goes to Manila to pay
for everything

CIC doesn't care about your financial issues or anyone else's for that matter. If you can legally re-establish common law or get married in third country, you don't qualify for conjugal.

If you really need to go the conjugal route, you need to convince VO that you cannot be physically together for 1 year to establish common law or for 1 day to get married in any country.

 

[canuck_in_uk]

I was married before but lost communication with her from 1990 and in 2004
she told me she was in Canada and sponsored me , but things did not go well
we mutually separated in 2011 and this is the time I got back to my common law , I was officially divorced in 2015 here in Canada and there is no divorce in the
Philippines

Interesting. You say in another post that you and your common-law partner were separated for 3 years and here you have said you were with your spouse for 7 years before going back to your common-law. Did you end your common-law relationship just to be sponsored by your estranged spouse?

 

[Louman64]

I dont know your situation but is it really necessary to send that much money? Vietnam is a poorer country than Philippines, I only had to send $100 a month to support my wife

I dont know how much the rent and cost of living in Vietnam is
I have a kid who is going to school plus electricity water and everyday
food I wish I could send less so me and my son who is here with me
can live on an apartment rather than a basement

 

[Louman64]

Interesting. You say in another post that you and your common-law partner were separated for 3 years and here you have said you were with your spouse for 7 years before going back to your common-law. Did you end your common-law relationship just to be sponsored by your estranged spouse?

After we separated in 2004 , My wife whom I have not have a communication
since 1990 was able to contact me in 2005 and ask me if I want to be sponsored
and I said yes...I am not what you think I am

 

[scylla]

That is big financial burden for me as I am the only one working
and I have been supporting her half of my salary goes to Manila to pay
for everything

Unfortunately this doesn't qualify you for conjugal. Financial reasons aren't accepted. You must have real immigration barriers preventing you from marrying or becoming common law to be approved under conjugal. You face no real immigration barriers and a conjugal application will therefore fail.

 

[Louman64]

Unfortunately this doesn't qualify you for conjugal. Financial reasons aren't accepted. You must have real immigration barriers preventing you from marrying or becoming common law to be approved under conjugal. You face no real immigration barriers and a conjugal application will therefore fail.

Thank you for the advise ...I''ll just wait and see what options do
I have when they gave me the refusal letter

 

[brookslakeside]

Could you explain please why

Were you a Canadian citizen when you filed and got your divorce? If answer is yes, you can marry your partner in the Philippines if she is still single. You can also go home to the Philippines and live together for a year to qualify as common law. My situation is different from yours but you can read some of my posts it might help you. I applied as conjugal partner, refused in Manila but appealed and appeal was granted.

 

[Louman64]

I was a Canadian citizen when I got divorce but my first marriage was
done in the Philippines and to get married there I need to go to court
so I can get divorce to get recognize there and that also takes time and money to do

 

[brookslakeside]

I was a Canadian citizen when I got divorce but my first marriage was
done in the Philippines and to get married there I need to go to court
so I can get divorce to get recognize there and that also takes time and money to do

Find a family lawyer in the Philippines and have your divorce abroad recognized in the Philippines. I know it's expensive and takes time but you have to do this if you want to get married to your partner. The judge actually commended us for doing our annulment that took so long that we decided to do conjugal instead. It shows an effort in your part that you are trying ways to be together. Let her apply for a visitor's visa also. But if she is solely dependent on you and has no income, visitor visa will be refused.