Conjugal Partner or Common Law

[Rob_TO]

Hi canadianwoman,
Thank you very much for your info. As what you mentioned, think the closest that I need to do is the Conjugal application. Moreover, I just want to know what will be the best reasons to support my application?

I have this following scenarios which I am not sure, I can use:
1. I am married previously in the Philippines during when I was not a canadian citizen. I am not allowed to marry my partner due to the current laws that if I will to marry her, I will have a duplication of marriage. can this be a solid proof??
2. I cannot have continuous 12 months cohabitation due to I am working here in canada to support my kids in the Philippines. I cannot go back and cohabitate for one year in Philippines due to I dont have source of income from there.
3. " If you fear that if you live together in the Philippines (that is where your partner is, right?) you might be arrested, this is also evidence of an inability to live together"..Having said this, I cannot think of any reasons to this as I don't have any criminal or illegal cases But I agree, and a good idea that it will be a good reason.

Appreciate your response. You help me lot to think about the options.

God bless and take care

Those seem like solid proofs for conjugal app. The majority of people approved for conjugal, seem to be Philippine citizens who can't get divorced from previous spouses.

 

[totolan1208]

Thanks Rob,
I'm happy for your response. Hope there some more who can give their comments.

God bless

 

[screech339]

Based on what you provided for reasoning for conjugal relationship looks pretty solid to me. I honestly don't see any reason for not qualifying for conjugal. If CIC ever does reject it, I would love to see their reasoning behind it.

 

[canadianwoman]

1. I am married previously in the Philippines during when I was not a canadian citizen. I am not allowed to marry my partner due to the current laws that if I will to marry her, I will have a duplication of marriage. can this be a solid proof??

This is good evidence you cannot get married. It is not enough for conjugal, but will help build the conjugal case.

2. I cannot have continuous 12 months cohabitation due to I am working here in canada to support my kids in the Philippines. I cannot go back and cohabitate for one year in Philippines due to I dont have source of income from there.

CIC does not really accept not wanting to leave a job as a good enough reason for not living together. Maybe if you had some proof you applied for jobs and could not get hired in the Philippines, this would help.

3. " If you fear that if you live together in the Philippines (that is where your partner is, right?) you might be arrested, this is also evidence of an inability to live together"..Having said this, I cannot think of any reasons to this as I don't have any criminal or illegal cases

Some people have said that they were in danger of being arrested in the Philippines if they lived with someone while married to someone else. Something about concubinage or something like that.

 

[screech339]

Note 1 and note 3 are valid reasons for case for conjugal. However note 2 about not wanting to stop your education study is not a valid reason for conjugal.

 

[Alurra71]

I would be curious to know, he states he was married before in the Philippines when he was not a Canadian Citizen. This implies that he now lives/works in Canada. What is stopping him from filing for a divorce in Canada from his spouse who is presumably still in the Philippines and then getting the divorce recognized and marrying his current partner?

I have seen many folks present that solution and use it to their advantage. What would make this case so different? If I see it that way, and it is in fact true, the VO may see it the same way. *shrugs*

 

[zardoz]

I think that it gets complicated because he wants to marry another Philippine citizen. I can imagine that this would pose a problem even if divorced in Canada. Would he have to renounce his dual citizenship before they would recognize the foreign divorce?

 

[Alurra71]

I think that it gets complicated because he wants to marry another Philippine citizen. I can imagine that this would pose a problem even if divorced in Canada. Would he have to renounce his dual citizenship before they would recognize the foreign divorce?

I have absolutely no idea as I'm not Filipino. I was just asking about that option as it has been used before instead of doing the annulment thing. But even if he were only a PR residing in Canada he would still have the option filing for a divorce in Canada, provided he has lived here, what, a year?

 

[zardoz]

I have absolutely no idea as I'm not Filipino. I was just asking about that option as it has been used before instead of doing the annulment thing. But even if he were only a PR residing in Canada he would still have the option filing for a divorce in Canada, provided he has lived here, what, a year?

I'm sure that I read somewhere that the recognition of foreign divorce would only be possible for a citizen of another country...

 

[Alurra71]

I'm sure that I read somewhere that the recognition of foreign divorce would only be possible for a citizen of another country...

Now I'm fully curious and must look up the information to see what I can find! LOL I'll get back to you on this Zardoz if I find anything of use here

 

[Alurra71]

OK, after a bit of research this is what I have found out.

If the OP is in fact a legal resident in Canada, whether by citizenship or PR he can file for a divorce. This divorce will allow him to remarry anywhere in the world EXCEPT the Philippines. If he wishes to remarry in the Philippines he will either have to petition the courts for a recognition of the Canadian divorce, or file for an annulment.

Here is where it gets good though. Because HE is the one that was married, and he has said nothing about his partner who is in the Philippines being married, they can meet, even for a 'vacation' outside of the Philippines and get married. All he has to do is file for his divorce inside of Canada. After that, anywhere he wishes to get married would be recognized in Canada as long as it is recognized as legal where it took place.

Now, if his partner is previously married, it's a whole new ballgame, but that is what I have 'learned' thus far. Don't know if it will be helpful or not.

 

[zardoz]

Well researched.. +1