divorce in canada married in the philippines

This is a discussion on divorce in canada married in the philippines within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; hi i'm a newbie here and i need advice so badly i'm a naturalized canadian and got married to my ...

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Old Jul 11th, 2013, 09:10 PM   #1
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Default divorce in canada married in the philippines

hi i'm a newbie here and i need advice so badly

i'm a naturalized canadian and got married to my temporary foreign worker husband 6 months after his divorce here in canada was granted. we are living together as husband and wife now for 6 months and i want to sponsor him. i'm worried of the following:

1. even if he is divorce here in canada before we got married, he i still married in the philippines, will the canada immigration law see that as bigamy? Philippines does not have divorce only annulment.

2. annulment is already in the process, do we have to wait for it to be granted before we apply for spouse sponsorship? my concerned was we got married here in canada before the annulment is done, will the canada immigration law see it as bigamy?

3. i now that canada family law is different from philippine family law. having said that, is my marriage with him here in canada is valid and not consider as bigamy?

4. he has 2 kids living with there mother in the philippines and we want to include them in the sponsorship, will there be any problem? is there such thing as to follow for the children to come here in canada?

thanks in advance
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Old Jul 11th, 2013, 09:44 PM   #2
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Default Re: divorce in canada married in the philippines

I wish to inform you that divorce can be done in Canada if one spouse is a foreigner. At present both spouses are from Philippines and therefore annulment from Philippines will be required. As regards children they can be brought to Canada only if mother allows or if court order for their coming to Canada is passed.

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Old Jul 11th, 2013, 09:51 PM   #3
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Default Re: divorce in canada married in the philippines

Hi AFF,

i'm a canadian citizen while my husband is a foreigner.
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Old Jul 12th, 2013, 10:54 AM   #4
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Default Re: divorce in canada married in the philippines

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Originally Posted by confuse101 View Post
hi i'm a newbie here and i need advice so badly

i'm a naturalized canadian and got married to my temporary foreign worker husband 6 months after his divorce here in canada was granted. we are living together as husband and wife now for 6 months and i want to sponsor him. i'm worried of the following:

1. even if he is divorce here in canada before we got married, he i still married in the philippines, will the canada immigration law see that as bigamy? Philippines does not have divorce only annulment.

2. annulment is already in the process, do we have to wait for it to be granted before we apply for spouse sponsorship? my concerned was we got married here in canada before the annulment is done, will the canada immigration law see it as bigamy?

3. i now that canada family law is different from philippine family law. having said that, is my marriage with him here in canada is valid and not consider as bigamy?

4. he has 2 kids living with there mother in the philippines and we want to include them in the sponsorship, will there be any problem? is there such thing as to follow for the children to come here in canada?

thanks in advance
Divorce can be had in Canada between a Philippine citizen and foreign citizen ONLY if it is instigated by the non Philippine spouse. The Philippines will not recognize a foreign divorce instigated by the Filipino -- only if initiated by the foreign citizen.

Where annulment is pending in the Philippines you have tto wait until the annulment is final before he is free to contract another marriage.

If you married before the annulment was final, then the marriage in Canada would not be recognized as legitimate and bigamy would be how the second marriage would be characterized.

As to the children, after marriage he can apply to Immigration Canada for visas for the children to enter Canada. And you co-sponsor as their stepmother.
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