Status: "its complicated"

[confused2014]

"Good to go" is the Phrase I would like to hear. THANK YOU!
Going back to my very first Question:
Is CIC will recognize the 2nd marriage as LEGAL? yes.(hopefully) then in that case I'm safe to pay 13k++CAD with no refund just incase otherwise.

 

[truesmile]

. . . then in that case I'm safe to pay 13k++CAD with no refund just incase otherwise.

What's this all about?

 

[screech339]

"Good to go" is the Phrase I would like to hear. THANK YOU!
Going back to my very first Question:
Is CIC will recognize the 2nd marriage as LEGAL? yes.(hopefully) then in that case I'm safe to pay 13k++CAD with no refund just incase otherwise.

As for the 13K ($1300), don't think you have to pay that much. If anything if application get denied, (unlikely to happen) you will get your money back minus the 75 unrefundable fee.

screech339

 

[confused2014]

Application
Family Class
Sponsorship application (per application) 1 $75.00 $75.00
Principal applicant 1 $475.00 $475.00
A family member of the principal applicant who is less than 22 years of age and is not a spouse or common-law partner 2 $150.00 $300.00
Right of Permanent Residence Fee 1 $490.00 $490.00
Total amount for all applications: $1,340.00

info payment to CIC .. before I send all the documents to CPCM..
Is this correct? Am I getting this right?
oppsss.. 1300 only

 

[screech339]

I forgot about the dependents. Sounds about right.

Good luck with the application. All the best.

 

[Alurra71]

If you were naturalized as a Canadian citizen in 2011, wouldn't that make both of the children born to you since that point Canadian citizens as well as the first generation born outside of Canada? In which case, if they are, they don't require a sponsorship, only their citizenship certificates.

 

[truesmile]

Yup, it certainly would. Good catch Alurra!

 

[screech339]

Based on what the OP posted. Does this mean that Filipinos automatically loses Filipinos citizenship when one acquires Canadian Citizenship? Sure Canada allows dual citizenship but does Philippines' citizenship law state that own automatically loses citizenship when one acquires another foreign citizenship?

BTW: Please remove the $300 from the PR sponsorship dependent fees. By law, your 2 children are Canadian citizen by descent since they are born to a naturalized Canadian parent (you) at time of birth.

Good catch Alurra71 on the Canadian citizenship thing. I overlooked that.

 

[truesmile]

Based on what the OP posted. Does this mean that Filipinos automatically loses Filipinos citizenship when one acquires Canadian Citizenship? Sure Canada allows dual citizenship but does Philippines' citizenship law state that own automatically loses citizenship when one acquires another foreign citizenship?

Not anymore, but that used to be the case. They're allowed 'dual citizenship' at their end also.

 

[screech339]

Not anymore, but that used to be the case. They're allowed 'dual citizenship' at their end also.

Here lies the problem. The passage of RA. 9225 which states that Filipinos will not automatically loses citizenship when one acquires another citizenship was passed into law in 2005.

The OP acquired Canadian citizenship in 2011. Even though the OP said "I was granted Canadian Citizenship (2011). not dual citizen" He could still be considered be a Filipino, despite acquiring Canadian citizenship, in their new law. He may have believed that he has automatically lost his Filipino citizenship when he really hasn't.

Which bring it back to canuck's point he was making. He has gotten permission to remarry in Philippines through applying as a Canadian, not a Filipino-Canadian. He may have viewed himself as Canadian only but Philippines would still view him as Filipino-Canadian, Filipino first. He believed he is following the law of the land by doing the steps required as a Canadian applying to marry there. So he could still be subject to Philippine law of still technically married to the first wife since divorce are not legal to Filipinos no matter where they got divorced.

This goes back to OP's 2nd question. Will Canada accept his 2nd marriage as legal? I really cannot answer the question as it comes back to Philippines accepting the second marriage as a legal marriage. Only way Philippine will really accept the 2nd marriage is if the OP really did in fact lost his Filipino citizenship automatically when he got Canadian citizenship. The OP need to confirm with Philippine that he did in fact lost his citizenship even with the new law allowing keeping citizenship after acquiring another.

 

[truesmile]

I would normally agree on your technicality. The thing is though, it was a registrar IN the Philippines that issued the marriage license, AND the agency that governs it (the NSO) has gone ahead and issued them a marriage certificate. They have gone WAY BEYOND the point where the Philippines (or some agency therein) would or should impose Philippine law on them now, as if it was "new" news to them. The NSO digs through things 'tooth and nail' and once the CIC officer sees the MC issued by the NSO, all will be well.

 

[confused2014]

Here lies the problem. The passage of RA. 9225 which states that Filipinos will not automatically loses citizenship when one acquires another citizenship was passed into law in 2005.
The OP acquired Canadian citizenship in 2011. Even though the OP said "I was granted Canadian Citizenship (2011). not dual citizen" He could still be considered be a Filipino, despite acquiring Canadian citizenship, in their new law. He may have believed that he has automatically lost his Filipino citizenship when he really hasn't.

I stand corrected. "granted Canadian citizenship. not dual citizen" - this is my mistake. I was wrong. I thought its automatic that I am no longer a Filipino. I didn't know that I need to pronounce my Filipino Citizenship and to be considered as Canadian or Foreign National (ONLY). In this case I'm FILIPINO-CANADIAN.

 

[confused2014]

I would normally agree on your technicality. The thing is though, it was a registrar IN the Philippines that issued the marriage license, AND the agency that governs it (the NSO) has gone ahead and issued them a marriage certificate. They have gone WAY BEYOND the point where the Philippines (or some agency therein) would or should impose Philippine law on them now, as if it was "new" news to them. The NSO digs through things 'tooth and nail' and once the CIC officer sees the MC issued by the NSO, all will be well.

This is my only hope right now. I hope CIC will consider/approved my application.

 

[screech339]

Thanks for this info Alurra71, and leads me to another question/s

1. I will not included my children to my sponsorship application but includes them to my wife dependents?
2. Do I need to apply for Canadian citizenship certificate and Canadian passport for my children before we apply for visa/pr?
3. How long will it takes to process Canadian citizenship certificate from CIC? is it the same timeline as applying for Canadian citizenship?

1. Yes you list them under the family information form.

2. I think you can get them a canadian travel permit once you prove to canadian embassy that your kids are canadian.

3. It is not the same as apply for canadian citizenship. Just apply for proof of canadian citizenship. Usually between 3-6 month even though website says 12 months. My 2 kids got their citizenship certificates in 3 months time.

 

[confused2014]

If you were naturalized as a Canadian citizen in 2011, wouldn't that make both of the children born to you since that point Canadian citizens as well as the first generation born outside of Canada? In which case, if they are, they don't require a sponsorship, only their citizenship certificates.

Thanks for this info Alurra71, and leads me to another question/s

1. I will not include my children to my sponsorship application but includes them to my wife dependents?
2. Do I need to apply for Canadian citizenship certificate and Canadian passport for my children before we apply for visa/pr?
3. How long will it takes to process Canadian citizenship certificate from CIC? is it the same timeline as applying for Canadian citizenship?

oppssss.. clicky accidentally deleted