Statutory Declaration of Common Law (illegal?) Phils

[Boracay]

Hi everyone, especially those from the Philippines who may have experience.

I'm applying to sponsor my common law partner. She is married and divorce is illegal in The Philippines.

In the Sponsorship Form there is a Statutory Declaration of Common Law Form.
We have no problems signing it of course. It's just that it has to be notarized and I'm concerned that since she is married and then declaring a common law partner I'm wondering if that is legal in this country and if so, does it matter? Can she get in trouble declaring it? Does she need to keep us a secret to any Philippines government bodies whom this may concern or am I over reacting?

Another question regarding this same form, it asks if I have claimed her as a common law spouse on my last tax return. The answer is I did not.
I don't think we were considered common law at the time in 2010 as we had only been cohabiting 2 months.
Is that correct?
Just hoping we don't lose points for that one!

 

[missmini]

some senior members said that u can start declaring urself common-law after 1 year of cohabitation or before only if children r involved (for taxes i mean)...i didn't know that rule so first time i declared myself common-law was after 7-8 months of cohabitation....it was close to 1 year anyway, but for 2 months only i would have done like you...don't worry! u didn't have a choice; seeing the day when u start cohabitating they will know why u did not; u'll do it for the next taxes and update them with that info

if u r not sure if the declaration is legal or not in Philippines, why would u fill it out...it is a good proof true but it's not a mandatory proof....if they will want it they will ask u for it, but in general the embassies know the practices in each country, so i don't think they will ask u to do something illegal or not common (no one will accept to notarize it or know what that is)...at least i hope!

PS: i feel u have this question after reading my concerns....sorry :-X

 

[canadianwoman]

The Statutory Declaration of Common Law Form is for people who are sponsoring other family members and need a co-signer. You do not need it for a common-law spousal application. But often, even though it is not required, the visa office will ask for it later, so usually people do fill it out and send it in with the application.
You could get it notarized outside of the Philippines, when you're traveling, maybe, where it would not be illegal.
You could also not send it at all, and hope that the visa office does not ask for it later - which they may not, given that they can see your situation.

The tax thing should be OK. What Revenue Canada considers common law and what CIC considers common law is not the same. But in any case declare her as your common-law spouse on the next return. If the visa officer asks about the tax return stating you were single, your partner can explain that you did not think you qualified as common-law yet, since it was only 2 months in to the relationship. I doubt the VO will ask.

 

[rjessome]

Signing this form is not illegal. She is not declaring anything to the Philippine government nor will the form be released to them. You are both just swearing that the information you indicate on the form is true and correct. Yes, you can get it done in the Philippines without any issues. It is used for immigration to Canada purposes ONLY.

Regarding the tax question, if you were not living together per the definition of common-law for Canadian tax purposes by December 31, 2010, you did not need to declare a common-law partner. So what you did is correct. It won't hurt you to answer this question honestly. VO's can count too.

 

[missmini]

Signing this form is not illegal. She is not declaring anything to the Philippine government nor will the form be released to them. You are both just swearing that the information you indicate on the form is true and correct. Yes, you can get it done in the Philippines without any issues. It is used for immigration to Canada purposes ONLY.

Regarding the tax question, if you were not living together per the definition of common-law for Canadian tax purposes by December 31, 2010, you did not need to declare a common-law partner. So what you did is correct. It won't hurt you to answer this question honestly. VO's can count too.

rjessome do u know if it's possile to sign this form at a Canadian consulate? they do notarize documents and stuff and i would feel more confortable doing it there even if it's more expensive...but they also say that they accept and notarize only documents which are signed by or belong to Canadian citizens...well, in this case only one is citizen...although they say they'll do any services for Canadian citizens they get me confused :/

 

[rjessome]

I honestly don't know if they do this or not. I doubt it but can't say for sure.