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Common Law please help

n1ckeda

Star Member
Feb 6, 2020
107
4
hello, I am a Canadian citizen by birth. I am trying to sponsor my long time girlfriend as common law through family class. Would you be able to help clarify how to correctly fill out the forms? She was married to a third party but legally separated, she also has two children age 8 and 10 who will not be coming with her to Canada initially at least.
IMM00008 #3 How many family members, including you, are in this application?
would she write 1 , herself? or 3 (herself and 2 children) ?
IMM0008DEP ; we do not need to fill this out if she does not have more than 5 dependents correct? her parents and brother are not included as dependents right?
IMM5406 Section A
13A) your current marital status?
Should she answer common-law? (since we're currently in a common law relationship living together 7 years)
or separated (from her prior marriage)
Lastly, for the NBI police clearance does this extend to the principal applicants parents and siblings?
Would really appreciate guidance thank you so much!
 

n1ckeda

Star Member
Feb 6, 2020
107
4
I forgot to add we have been living together in the Philippines for 7 years, have all the necessary requirements;
both names on notarized lease
joint bank accounts
life insurance beneficiaries
legal seperation document
prepare quality photos and letters from frineds/ family as evidence of our relationship.

just need help clarifying how to correctly answer these questions to avoid mistake
 

andrew3081

Hero Member
Apr 6, 2018
286
76
Sounds like she is from Philippines, is she divorced or marriage is annulled?

She will need to put 3 as total of family member in the application even if her kids are not coming with her initially.

NBI clearance are only needed for her and her dependents, but since her kids are so young I don’t know if they will need to submit nbi.
 

n1ckeda

Star Member
Feb 6, 2020
107
4
Thank you very much for your response.
For the NBI clearance, states only over age 18, so I was only concerned if here parents or brother would have to also get this done for our application.

how about question 13A) current marital status?
Again we've been living together for 7 years and applying as common law, so should we write common law,
then for the next question 14) have you previously been married? answer Yes and fill out following details

she's legally separated.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
hello, I am a Canadian citizen by birth. I am trying to sponsor my long time girlfriend as common law through family class. Would you be able to help clarify how to correctly fill out the forms? She was married to a third party but legally separated, she also has two children age 8 and 10 who will not be coming with her to Canada initially at least.
IMM00008 #3 How many family members, including you, are in this application?
would she write 1 , herself? or 3 (herself and 2 children) ?
IMM0008DEP ; we do not need to fill this out if she does not have more than 5 dependents correct? her parents and brother are not included as dependents right?
IMM5406 Section A
13A) your current marital status?
Should she answer common-law? (since we're currently in a common law relationship living together 7 years)
or separated (from her prior marriage)
Lastly, for the NBI police clearance does this extend to the principal applicants parents and siblings?
Would really appreciate guidance thank you so much!
Her parents and siblings are not dependents and do not provide anything for the app.
 

n1ckeda

Star Member
Feb 6, 2020
107
4
The problem is more likely to be with the Philippines than with Canada. The Philippines seldom recognizes divorce so she may have trouble getting a CFO certificate to emigrate. Read here http://cfo.gov.ph/filipino-spouses-and-partners-of-foreign-nationals/ Without that certificate she is not emigrating.
are you sure? this is my first time hearing about CFO, I didn't read about CFO anywhere in the application and also for country specific requirements?

if anyone else can clarify, appreciate it
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
The problem is more likely to be with the Philippines than with Canada. The Philippines seldom recognizes divorce so she may have trouble getting a CFO certificate to emigrate. Read here http://cfo.gov.ph/filipino-spouses-and-partners-of-foreign-nationals/ Without that certificate she is not emigrating.
In this case, there is no divorce to be recognized.

People often sponsor partners from the Philippines who are still married to other people. They are able to leave without issue. OP's partner will be able to as well.
 
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NewDad

Full Member
Jan 1, 2013
34
1
I didn't read about CFO anywhere in the application
Neither did I until recently. My Filipina wife went through the process with IRCC and now has her Canadian Permanent Resident Visa, without ever hearing of a CFO. We are now waitng for the Philippine government to give her a CFO before she can leave the country. Read the link I posted, search this forum for CFO Philippines. The Philippines has the power to refuse to let an adult leave the country without their permission. I hope my wife can get hers quickly.
 

jddd

Champion Member
Oct 1, 2017
1,517
565
The problem is more likely to be with the Philippines than with Canada. The Philippines seldom recognizes divorce so she may have trouble getting a CFO certificate to emigrate. Read here http://cfo.gov.ph/filipino-spouses-and-partners-of-foreign-nationals/ Without that certificate she is not emigrating.
I was able to get a CFO sticker even if I was sponsored as common law and am still married to my ex wife. I will be processing my divorce in Canada once I am a citizen so it can be recognized in the Philippines. OP does not need to worry about the sticker.
 

jddd

Champion Member
Oct 1, 2017
1,517
565
Neither did I until recently. My Filipina wife went through the process with IRCC and now has her Canadian Permanent Resident Visa, without ever hearing of a CFO. We are now waitng for the Philippine government to give her a CFO before she can leave the country. Read the link I posted, search this forum for CFO Philippines. The Philippines has the power to refuse to let an adult leave the country without their permission. I hope my wife can get hers quickly.
as long as she is not a mail order bride, she will be able to go
 

n1ckeda

Star Member
Feb 6, 2020
107
4