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PLEASE HELP ME! ARTICLE 34 MARRIAGE

Discussion in 'Settlement Issues' started by pakwan234, Jun 29, 2016.

  1. Can anyone please help me? My marriage is solemnized under article 34 in the philippines..i married my long time gf who is also the mother of my son..will i have any problems with the sponsorship because this kind of marriage does not require a marriage license..please help me specially my fellow filipino countrymen with the same case..thanks!
     
  2. I'm not from the Philippines and therefore have no idea what article 34 says. However, the key thing is for you to show proof that your marriage is recognized, legally, in your country. So, the guiding question should be: what documents/material can one use to prove the marriage, and prove it is legal?
     
  3. What are the documents needed to sponsor my family sir? Article 34 is a marriage exempted of a marriage license because a man and a woman cohabiting for 5 years is granted a marriage without a license..it is legal though as it is registered in our statistics office..will i encounter any problems? I was an accompanying dependent sponsored by my father and after 5 months i went back to the philippines to marry my gf. Im planning to sponsor them asap..thanks sir
     
  4. If you lived with your girlfriend for more than one full year before coming to Canada, then you were no longer classified as a dependent of your father's and obtained PR status through fraud / misrepresentation. Yes - you should expect problems.
     
  5. Agree with scylla. If you were cohabiting with your girlfriend for more than a year when your father applied for PR or reached one year at any time during the application process and before you landed as a PR, that means you did not qualify as a dependent.

    There could be one exception to that and that is if your father applied before August 1st 2014 and you were at the time already in a common law relationship since before the age of 22 and you were financially dependent on your father because you were studying. If that is the case, I hope you did declare your spouse and child in order to be able to sponsor them later.
     

  6. Exactly my situation sir leon..my father applied before august 1st 2014 and we've been cohabiting before im 22..and im financially dependent because im studying..but the problem is,my son is the only one declared..i came back to the philippines 5 months after i landed in canada to marry my gf..now we are married under the article 34 which requires no marriage license because we cohabited 5 years prior to the wedding..what are the exact documents required by cic prior to marriage? Thanks sir..
     
  7. What did you list as your marital status on your application? Were you instructed by the visa office not to include your spouse on your application as not accompanying?
     
  8. Single..yes we were instructed..what can i do about this sir leon?
     
  9. You should not have listed your marital status as single. You should have listed yourself in a common law relationship. Did the visa office advise you this and do you have it in writing? Or somebody else advised you this?

    Generally speaking, you must always include a spouse or common law on your application and they must be medically examined in order to be able to be sponsored later. What complicates the issue here is that you were on your parents application and because your spouse is not their dependent you could not have included her as accompanying. I am not sure in those circumstances if you should have included her as not-accompanying.

    However, if you have it in writing from the visa office that you informed them of your common law partnership and that they instructed you to list your marital status as single, to leave your common law partner off your application and sponsor her later, you should be ok.
     

  10. But if i listed myself that im in a common law relationship, that would not make me qualify as a dependent..im really confused right now..and my problem is if cic will make me submit a marriage license because i dont have one..but my marriage is valid though here in my country..
     
  11. by whom exactly? who instructed you to state that you were single?
     

  12. The lawyer..or the people required to fix our sponsorship..i honestly dont know if they are called lawyers or not..
     
  13. You did qualify as a dependent even though you were in a common law partnership because you entered into a common law partnership before the age of 22 and were before then and afterwards as well, financially dependent on your parents due to your studies.

    So the lawyer or consultant advised you to lie on your application needlessly? What is this lawyer or consultant advising you now? To continue lying and say that you were not in a common law partnership before you immigrated? Because that is the only way you can ever sponsor your wife now. However, if you do that, you may have to explain how come you did not need a marriage license.
     
  14. Does cic always require an explantion why i dont have a marriage license? Or they just always check the original marriage certificate? Which one sir leon?
     
  15. It is often a required document. Without it, you must provide an explanation why you don't have one. However, your explanation (article 34) will contradict your civil status on your father's application, proving that misrepresentation was committed.
     

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