husband abandoned family now applying for immigration

[anne.bautista]

Hi! I'd really appreciate it if someone would help me answer my questions. I'm a married Filipina woman with 1 daughter. My husband abandoned us in 2012 and has not contacted nor supported us in anyway. About a few months ago I heard from one of our common friends that he now has another woman who's in Canada and she has petitioned my husband so he can migrate as well. Is there any way to stop them? Thanks in advance.

 

[scylla]

No - there is no way to stop them. Provided they have a genuine relationship that is either common law or conjugal - there is nothing stopping her from sponsoring your husband given your relationship is no longer ongoing.

 

[cutetwins]

Before he can be sponsored...he needs to divorce you and you will be given a notice and thru that you can appeal or object/counter claim...unless he didn't declare that he is married

 

[taffy7]

Before he can be sponsored...he needs to divorce you and you will be given a notice and thru that you can appeal or object/counter claim...unless he didn't declare that he is married

This is in correct . What Scylla said was correct . He does not need to be divorced to be sponsored in Canada . However he will need to have his daughter examined if he want to included her in his application.

 

[zardoz]

In fact, it's more complicated than that even. The OP states that they were "abandoned", implying that no form of legally binding Separation is in place. Therefore, CIC could demand that both the OP and child are included in the application, albeit as non-accompanying and have to undergo background and medical examination. Failure to mention them would be misrepresentation, with the attendant penalties. This is going to be "interesting"...

 

[eurolife23]

Very interesting situation indeed.

 

[MilesAway]

The husband would have to declare the child on the application, as well as indicate that he is still legally married to the OP. He could only be sponsored under common-law, or potentially conjugal depending on the situation.

 

[taffy7]

If CIC goes by "Canadian law" after 1 year of separation you are separated. He can very well get a divorce from his wife. He will have to put down his child and there the mother could denie the medical which will cause a delay . He can also apply as common law and he won't need any agreement since he left over 3 years ago.

After 1 year of my ex husband leaving me here in Canada i was able to file my income tax as separated. After 1 year in Canada you can legally file for divorce.

 

[cutetwins]

This is in correct . What Scylla said was correct . He does not need to be divorced to be sponsored in Canada . However he will need to have his daughter examined if he want to included her in his application.

Really?? IMM 008 question 11. Have you previously been married or in common law relationship? ?

Document Checklist....Photocopy of divorce, annulment, separation etc if either of you were were previously married

So tell me in what way he can be sponsor???? I said UNLESS he didn't declare it

 

[MilesAway]

Really?? IMM 008 question 11. Have you previously been married or in common law relationship? ?

Document Checklist....Photocopy of divorce, annulment, separation etc if either of you were were previously married

So tell me in what way he can be sponsor???? I said UNLESS he didn't declare it

Several people here have been sponsored or sponsored someone while still married in another country, because they were unable to get divorced there. Some countries do not have legal separation status, so they submitted documents proving that they had not any contact with their spouse for X years. So it's possible that he declared it, and then showed that he left the country on X day and that he has been living with his new partner since X date.

Of course it's also possible that he did not declare her and the child, in which case that would be misrepresentation.

 

[Leon]

If the OP was not contacted about making her daughter available for immigration, the husband most likely did not declare his child on his immigration application which would be misrepresentation.

Personally, I don't see why the OP would want to stop her husband from immigrating to Canada. It would be much wiser to let him immigrate, then ask him for child support once he gets his PR. She should get it once she explains to him that if he doesn't oblige, she will have to file for child support through Canadian courts in which case immigration will find out that he has a child he did not declare.