Sponsor common law spouse overseas, is our case complicated?

[raycrawford]

I have asked several lawyers and consultants re our case and am told it is complicated?

I don´t see it that way but of course I have no experience in this area so I don´t know what to think and what our chances of success will be.

I am a Canadian citizen living with my common law spouse in the Philippines for 3 years.

I am on pension, make good money, pay taxes in Canada and own my own home there. I have no criminal record or sponsorship issues.

I was previously married and have divorce certificate, separated 11 years. Was in a 5 year common law relationship which ended in 2005 and have no legal seperation agreement, we had no kids and no assets. I just made a declaration of severance of common law relationship and signed it.

She is married in the Philippines (there is no divorce here) she has a separation agreement they both signed. Also affidavits confirming their date of separation from her lawyer, mother and cousin.

She is healthy has no criminal issues and can get NBI clearance. She was refused a tourist visa application in 2007.


We have a joint bank acct. Joint lease, joint monthly rent receipts, gym membership receipts monthly and cable bill. Also our drivers licence at the same address and mail to both of us at our address. I have 5 notarized letters from close friends validating our relationship and how long we have lived together.

We have purchased a building lot in both names in March 08 and recently a car in both our names. I have e mails from friends to me since Oct 06 when I met her validating how long we have been in our relationship.

We have e mails to each other when we were apart and her phone bill showing she called me every day.


I feel we have covered all bases, I would really appreciate it if some of the extremely knowledgable folks on this forum could offer their opinions of our chances to succeed to get my wife to Canada, god I want to go home.

Regards,

 

[annesky]

Raymond,
My word of thanks for the reply you sent lately to my query. On the other hand when i opened the forum section this morning i read your letter re-your common law wife in the Philippines. I am a Filipina too like your girlfriend. Back home common law relationship is not recognized although one or the other is separated. It could be one of the reasons why your application is refused ( raymond, this is just my opinion k? please don't get me wrong. I guess she must be here with you for the least 1 year . But the fact that she is in the Phils. it is obvious that she is not your common law wife. Regards, hope this will help.

 

[raycrawford]

Thanks for your reply, please read the third line of my original post.

We have been living together in the Philippines for 3 years.

And it does not matter what is recognized in the Philippines, the people evaluating your application are Canadians and Common Law marriage is perfectly legal in Canada even if both parties are still married to someone else and there are a large number of people in Canada living that way.

I have all we need I actually need an experienced member who is very familiar with the common law application to tell me if the separation papers and notarized letters will be enough or be a problem for us.

Thanks again and good luck

Regards

Raymond

 

[Leon]

I do not see any problems with your application. Other people have done it before, even people who are married and separated and can't get a divorce in the Philippines. The only problem with sponsoring while you yourself are overseas is that you need to prove intent to move back when she gets PR. This could be something like having arranged housing, being accepted to a university, having a job offer, having support letters from friends and family who know your plans etc. etc. Since you own a home in Canada, that will probably help but if your home in Canada didn't keep you in Canada for the last 3 years, it would probably be better to try to find something else too.

 

[girly1141]

why you dont marry her.then your case will be easy not as complicated

 

[PMM]

Hi

why you dont marry her.then your case will be easy not as complicated

That would make her a bigamist, there is no divorce in the Philippines

PMM

 

[raycrawford]

Leon thanks so much for your reply, we have been in our relationship for 3 years but I have been back to Canada 4 times in that period, each time for about 7 or 8 weeks. We have no been together 15 months uninterrupted.

We will apply as common law spouses and I think it is obvious I really want to go back home.

Regards,


Raymond.