Overwhelmed, please advise.

[canuck_in_uk]

Though I agree that the married lady can be charged with adultery, I guess the question is, statistically speaking, how many ex-husbands actually sue their ex-wives for it? This particular ex-husband is supposedly in the US and is more likely than not, already in a relationship there. The burden of proof will be on the person filing the case against them and this can only be the offended spouse aka ex-husband who is in the US. Let's remember that the visa officers who will be in charge of reviewing the application will be from Manila who are very much aware of Philippine laws.

It doesn't matter how often it happens. A person can be charged with adultery for living with someone other than their legal spouse. IRCC does not and cannot expect a person to risk criminal charges in order to become common-law. Situations such as this are exactly why conjugal was created.

 

[scylla]

Very true and good point canuck. Though, being from the Philippines and knowing a lot of applicants from there, with no divorce as an option and annulment just too costly and long, I have already come across atleast 3 people in the exact same situation who were denied PR because they were a male-female couple who IRCC did not think qualified as conjugal with the same burden as OP's girlfriend. Maybe the reason those couples got rejected was for something else, I didn't pry but I can tell this OP what one of the couples did before re-applying.

Yeah - I would unfortunately agree that we've seen several similar profiles refused here. For me, the pattern seems to be that if the Canadian sponsor is not themselves from the Philippines - CIC then acknowledges that it would be very difficult for this individual to live there for a year to become common law. However if the Canadian sponsor has Philippines citizenship - CIC appears to think it's completely reasonable they should be able to live there to become common law and face no real immigration barriers that would qualify them for conjugal. But of course there are always exceptions to the rule and ultimately up to the visa officer processing the application.

 

[kanuto]

Very true and good point canuck. Though, being from the Philippines and knowing a lot of applicants from there, with no divorce as an option and annulment just too costly and long, I have already come across atleast 3 people in the exact same situation who were denied PR because they were a male-female couple who IRCC did not think qualified as conjugal with the same burden as OP's girlfriend. Maybe the reason those couples got rejected was for something else, I didn't pry but I can tell this OP what one of the couples did before re-applying.

The partner in the Philippines applied as a worker in Hong Kong, lived there and got a divorce decree there. Partner from Canada flew to Hong Kong to marry her. Their second application was approved with no problems. Took them many years but they did it. So from here kanuto, it is most definitely up to you and your girlfriend what to do, this is certainly one of the hardest things to overcome since the country itself just won't let exes move on with their lives legally. People here have a lot of good advice. In the end, if you can prove that you and your girlfriend are in a marriage like conjugal relationship, there really is no harm in trying, as canuck said, IRCC should not expect anyone to risk criminal charges. Let's just hope the visa officer who will take care of your application is as reasonable as we hope him or her to be. Goodluck!

atm, we are collecting documents so she can have a travel visa here and hope that she gets accepted, then file for an extension so we can fulfill the one yr continuous living to satisfy the requirement for common law.

and I do agree that the laws in the Phils regarding abandoned partners is ridiculous.