Planning to re marry in the Philippines

[Ms.ceej]

Hi,

I am filipina who came here to Canada as a PR. Got married to a filipino, sponsored him then he became Permanent resident too. But we separated and got divorced here in Canada. Our divorced was granted last february 2018. Now i have a new fiance and we are planning to get marry in the Philippines.
My question are; Are we able to get marry inthe philippines if i got divorce here in Canada and I never reported or register to Philippines embassy my past marriage to my ex husband.

If we able to get marry to the philippines and plan to sponsor him to Canada. Is it going to affect my past sponsorship to my ex

 

[Wakki]

Divorce is not legally permitted in Philippines.......but if you got divorced in Canada.....IRCC will recognize the divorce but am not sure if Philippines will recognize the divorce.

Did you sponsor your ex husband as a legally married spouse or as common-law partner ?

Before your sponsored your ex husband as PR to Canada.......if you legally married your ex-husband in Philippines and a legal marriage certificate was issued by the Philippines government authorities........your not reporting or register your previous marriage to your ex husband to the Philippines embassy is not the problem but the Philippines government authorities........if you were to legally re-marry your fiance in Philippines, will the Philippines government authorities recognize the divorce in Canada and issue a marriage certificate for your new marriage in Philippines.

If you could marry your new fiance in Philippines and the Philippines government authorities were to issue you a marriage certificate.....i would expect IRCC to recognize your Divorce and the new Marriage Certificate.

You should also be aware of the IRCC 3 year rule......you will be eligible to sponsor only after 3 years from the Date your ex husband landed and became a PR in Canada (and not 3 years from February 2018 when your divorce was granted from your ex husband).

Refer....who can't sponsor.....

Who can’t become a sponsor

• sponsored a previous spouse or partner and three years have not passed since this person became a permanent resident

Will advice that you consult a reputable experienced immigration lawyer (not immigration consultant) for advice.

 

[Ms.ceej]

My exhusband got hir Permanent Resident last December 2015, he will be 3 years Permanent Resident on Dec. 2018. Which I know i will be eligible to sponsor again after Dec. 2018.

Me and my exhusband got married here in Canada, never in the Philippines, I was thinking that we dont have any record in the Philippines because we didnt even report it in the Philippines Embassy here in Canada. We divorced here in Canada when I am still not a citizen.
Now my new fiance and me are planning to get marry in the philipines but some people saying we cant because my divorce paper is void in the philippines which they will not allowed me to get a marriage license.

 

[Wakki]

Since you and your ex husband got married here in Canada and not in Philippines......the Philippines government authority that issues marriage certificate does not have any record of your previous marriage.

Your divorce is recognized by IRCC but how Philippines government authority that issues marriage certificate deals with your new marriage is not clear. Will advice you and/or your fiance consult a lawyer in Philippines regarding this issue before you re-marry and unable to sponsor your shpouse because you can't provide the marriage certificate.

Although chances of TRV approval is very low, you may also consider the option of inviting your fiance to come to Canada on a visitor visa and while here in Canada, you may marry and apply inland spousal sponsorship.

 

[zardoz]

My exhusband got hir Permanent Resident last December 2015, he will be 3 years Permanent Resident on Dec. 2018. Which I know i will be eligible to sponsor again after Dec. 2018.

Me and my exhusband got married here in Canada, never in the Philippines, I was thinking that we dont have any record in the Philippines because we didnt even report it in the Philippines Embassy here in Canada. We divorced here in Canada when I am still not a citizen.
Now my new fiance and me are planning to get marry in the philipines but some people saying we cant because my divorce paper is void in the philippines which they will not allowed me to get a marriage license.

https://lawyerphilippines.org/2017/04/11/recognition-of-foreign-divorce-in-the-philippines-process/

 

[Wakki]

https://lawyerphilippines.org/2017/04/11/recognition-of-foreign-divorce-in-the-philippines-process/

Good post......thanks

 

[Wakki]

Recognizing foreign divorce in the Philippines (Process)

SC recognizes divorce in marriage with foreigners

The ruling referred to in the article posted in the sites above.....apply to divorce between a Philippine and a foreign spouse.

In your case both you are your ex-spouse are Philippines.....but your divorce was obtained abroad in Canada.......your marriage was not registered in Philippines but when you re-marry will you inform the Philippines government authorities of your divorce in Canada......will advice you and your fiance seek help and advice from a lawyer in Philippines.......if you are able to re-marry and obtain a Marriage Certificate from Philippines, you should be okay in Canada.

Good Luck

 

[Wakki]

Marriages solemnized abroad valid in PH