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Can PR application be rejected under the applicant's infidelity in Canada?

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Have they filed annulment in the Philippines as well before receiving her PR? Just wondering...
Annulment is not required. One can apply for and be granted a divorce in Canada, regardless if the other spouse in Philippines wants to cooperate. The divorce will be legal in Canada, but not in Philippines (so they could re-marry in Canada, but never in Philippines).

Or as mentioned she could simply become common-law and get sponsored that way. There really is no need for divorce/annulment in either country.
 

jddd

Champion Member
Oct 1, 2017
1,517
565
I met a lady before who got a certificate of divorce here in Canada, eventhough she is married in the Philippines. She mentioned it takes a lot of money and time to do that process.
She can apply for PR but if she wants her kids to be included in her application, she needs the consent of the husband. Inless she wants to settle the leaglilties of this first.
Divorce in Canada from a spouse from the Philippines cost a friend of mine around $500 only in Toronto. No appearance or signatures required from the spouse in the Philippines.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
My brother is firmed with his decision not to send their children in Canada however the wife keeps on pushing him now to send their children for medical tests in the Philippines. He's asking for annulment but the wife doesn't like to go back home and spend money from her own pocket. She wants my brother to shoulder all of possible expenses which probably cost them more or less PHP 280,000 or CAD 6,900. So our family is trying to come-up with a solution to resolve the issue by reporting this matter to the immigration and hopefully they will look after the real marital status of that woman and what she did in Canada ( a certified homewrecker) before granting PR status. If that's the case, she doesn't have an option but to file an annulment first and cooperate with my brother.
As already stated, Canadian immigration doesn't care if she is a "homewrecker". It is COMPLETELY legal for her to be sponsored by her current common-law partner while still married to her ex. She is not required to file for an annulment before being sponsored. There is nothing for your family to report.

Having the children undergo medicals does NOT mean that they will be immigrating to Canada, as they cannot do that without the father's permission or the mother having full legal custody. However, if the children undergo the medical, they can be included as non-accompanying in the mother's app, which means that they can later be sponsored by the mother is needed.

Your brother's refusal to allow his kids to undergo the medical unless his ex complies with his demands is completely selfish. The people really being hurt by his actions are the kids.
 

scylla

VIP Member
Jun 8, 2010
93,198
20,663
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Agreed with the comment above. Your brother's decision not to allow his children to do the medical is ultimately only going to hurt them. It's sad he is being so short-sighted and allowing his anger to cloud his judgement and negatively impact his children's future.

His ex-wife will end up getting PR. The children will be excluded from the application since your brother won't allow them to take the medical. He's robbing his children of the opportunity to get Canadian PR.
 

scylla

VIP Member
Jun 8, 2010
93,198
20,663
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
My brother is firmed with his decision not to send their children in Canada however the wife keeps on pushing him now to send their children for medical tests in the Philippines. He's asking for annulment but the wife doesn't like to go back home and spend money from her own pocket. She wants my brother to shoulder all of possible expenses which probably cost them more or less PHP 280,000 or CAD 6,900. So our family is trying to come-up with a solution to resolve the issue by reporting this matter to the immigration and hopefully they will look after the real marital status of that woman and what she did in Canada ( a certified homewrecker) before granting PR status. If that's the case, she doesn't have an option but to file an annulment first and cooperate with my brother.
There's no requirement to cooperate with your brother for her to get PR.

She can be sponsored as a common law partner without getting divorced from your brother and once she has lived with her new partner for a full year. Plenty of people on this forum have gotten PR through common law while still married to someone else.