Hi, can anyone help us with this one? My filipino girlfriend whom I met online has entered Canada under common law.Her marriage status and children were not declared on her working permit.She wants to get divorced in Canada from her husband in the philipines so we can get married.Q1 will canada give her a divorce knowing her visa status? Q2 will canada still permit her work permit when it expires with her employer.Her visa is valid for 3 years but her employer only sponsered her work permit for 1 year and she has found already a new employer (Live in carer).Q3 I am an Australian man how will the her visa status effect her coming to Australia if we get married in Canada? Q4 If she applies for PR when she has enough time there will not declaring her married status effect the outcome? Q5 should she do go for PR after she is divroced? Q6 Has anyone been through this and can answer the questions?
Getting Divorced under common law status
- Thread starter mrfixit71
- Start date
hi mrfixit.
i am on the same dilemma.. i am filipino and i wanted to get a divorce from my husband.. my boyfriend is also from down under.. anyways for your questions. A1 yes, only if she is already a permanent resident of canada.. A2 yes, as long as she have an emplyer whos willing to sponsor her.. A3 ive been looking and studying how will i get to australia as well.. and based on australian immigration site.. we have two options 1. partner visa under prospective marriage or 2. offshore temporary and permanent visa. A5. if they are only common law partners meaning not legally married she doesnt have to apply for divorce.. all she needs to do is to have a legal separation..
hope this help!
goodluck
i am on the same dilemma.. i am filipino and i wanted to get a divorce from my husband.. my boyfriend is also from down under.. anyways for your questions. A1 yes, only if she is already a permanent resident of canada.. A2 yes, as long as she have an emplyer whos willing to sponsor her.. A3 ive been looking and studying how will i get to australia as well.. and based on australian immigration site.. we have two options 1. partner visa under prospective marriage or 2. offshore temporary and permanent visa. A5. if they are only common law partners meaning not legally married she doesnt have to apply for divorce.. all she needs to do is to have a legal separation..
hope this help!
goodluck
If a person is common-law they are not married. Perhaps it is a matter of terminology. In Canada one can be married civily through a registry or other official or through a religious ceremony where the officiant has a licence to marry people. Either of those is registered as a marriage.
If common-law then the couple have co-habited for a minimum of 1 year. If they resided less than a year and had children they may still not meet the definition of common-law.
If the relationship or children were not declared then there is concern of misrepresenting material facts on the part of your girlfriend and she may be inadmissible to Canada - here under false pretenses since there may have been a different decision made in her entry if all facts had been presented prior to her entry.
Canada cannot grant a divorce if there is no marriage, but if there were this would be something to contact the province in which she is resident to decide.
If she has been dishonest her work permit extension or existing permit could be refused voided. If her permit is not open and tied to the one employer then a change request would need to be made and considered related to all the facts of her case being presented.
As far as Australian immigration it is best to contact the authorities for Australia.
If she applies for PR in Canada and does not declare the facts of her case see above re: misrepresentation - if she were approved the status could be revoked were the facts ever brought forward. Deportation could result.
She needs to make CIC aware of the facts of her case. It may not be a good outcome, but might prevent deportation which is likely something that would be asked on an application for landing in another country - have you ever been deported from another country?
If common-law then the couple have co-habited for a minimum of 1 year. If they resided less than a year and had children they may still not meet the definition of common-law.
If the relationship or children were not declared then there is concern of misrepresenting material facts on the part of your girlfriend and she may be inadmissible to Canada - here under false pretenses since there may have been a different decision made in her entry if all facts had been presented prior to her entry.
Canada cannot grant a divorce if there is no marriage, but if there were this would be something to contact the province in which she is resident to decide.
If she has been dishonest her work permit extension or existing permit could be refused voided. If her permit is not open and tied to the one employer then a change request would need to be made and considered related to all the facts of her case being presented.
As far as Australian immigration it is best to contact the authorities for Australia.
If she applies for PR in Canada and does not declare the facts of her case see above re: misrepresentation - if she were approved the status could be revoked were the facts ever brought forward. Deportation could result.
She needs to make CIC aware of the facts of her case. It may not be a good outcome, but might prevent deportation which is likely something that would be asked on an application for landing in another country - have you ever been deported from another country?
1. This is a clear case of misrepresentation when the caregiver who entered Canada under the Foreign Live-in Caregiver program did not declared his family back in the Philippines.
2. The Filipina as long as she is a Filipino citizen can applied for a divorced from her husband in the Philippines in any Superior Court of Justice-Family Court Branch in any cities or provinces in Canada, the only question is that divorced is not recognized by the Philippine Government under its civil and family law so therefore she cannot marry the Australian. As soon as the Filipina becomes citizen of Canada then she can apply for divorce that would be recognized in the Philippines after the filing of the Petition for the Recognition of a Foreign Divorce Decree in the Regional Trial Court of her Province of residence in the Philippines.
3. If the Filipina was a live-in caregiver she has to declare material informations regarding her civil status because the Philippine Passport bears his husband's surname and not her maiden name and I assumed that the child of marriage also assumed the surname of the husband. CIC must subject them to medical and background check and if the Filipina did not declared them then this is a clear misrepresentation. CIC take seriously this grave offense.
4. If the Filipina has a three (3) year contract but was released after a year and had found a new employer with a valid LMO for that new employer, there is no restriction for her to continue working. But if the original LMO was for the original employer and not for the current one then it is illegal to work here in Canada without a valid permit.
It is best that the Australian and the Filipina retained a services of an immigration lawyer not just immigration consultant to effectively guide them to make an informed decision.
Cheers
2. The Filipina as long as she is a Filipino citizen can applied for a divorced from her husband in the Philippines in any Superior Court of Justice-Family Court Branch in any cities or provinces in Canada, the only question is that divorced is not recognized by the Philippine Government under its civil and family law so therefore she cannot marry the Australian. As soon as the Filipina becomes citizen of Canada then she can apply for divorce that would be recognized in the Philippines after the filing of the Petition for the Recognition of a Foreign Divorce Decree in the Regional Trial Court of her Province of residence in the Philippines.
3. If the Filipina was a live-in caregiver she has to declare material informations regarding her civil status because the Philippine Passport bears his husband's surname and not her maiden name and I assumed that the child of marriage also assumed the surname of the husband. CIC must subject them to medical and background check and if the Filipina did not declared them then this is a clear misrepresentation. CIC take seriously this grave offense.
4. If the Filipina has a three (3) year contract but was released after a year and had found a new employer with a valid LMO for that new employer, there is no restriction for her to continue working. But if the original LMO was for the original employer and not for the current one then it is illegal to work here in Canada without a valid permit.
It is best that the Australian and the Filipina retained a services of an immigration lawyer not just immigration consultant to effectively guide them to make an informed decision.
Cheers