ASK YOUR IMMIGRATION CONSULTANT. We accommodate inquiries on a first-come, first-served basis. Please send your questions to info@accesspro-immigration.ca. Write Ask Your Immigration Consultant in the Subject of your e-mail.
Hi Maam!
Good day, I am Filipino citizen and a permanent resident here in Milan Italy. I have a previous marriage in the Philippines 6 years ago, but unfortunately we are separated but not annulled. My girlfriend now for 5 yrs is single and living in Canada BC for about years now and she is also a Permanent Resident card holder.
Is there a possible way that she can sponsor me to go Canada and live with her? Please advice us and give us hope in our situation.
Respectfully yours,
Rico
~~~~~~~~~~~~~~~~~
Dear Rico,
Thank you for your question. As far as Family Sponsorship in Canada is concerned, the relationship between two people must be more than just boyfriend-girlfriend. You should either be a spouse, common-law, or conjugal partner.
Family Laws in Italy and Philippines
Currently, because of your previous marriage in the Philippines, you cannot re-marry without the nullity of your first marriage because divorce is not legal in your home country. As a permanent resident of Italy, you can file for divorce. However, Family Law in Italy is very complicated. Because you and your wife are both non-Italians, the law in the Philippines may take precedence over the Italian law. Also, a couple divorcing by consent must wait three years to be divorced and couples not divorcing by consent must wait five years after fault has been proven.
You cannot be considered a common-law partner without the element of a one full year of cohabitation without gaps.
Family Sponsorship through Conjugal Partnership
The only way you can be sponsored is if both of you are able to prove a genuine conjugal partnership. It is not easy to just declare a conjugal partnership. There are different factors that immigration officers consider in assessing the conjugal partnership of two individuals.
As defined in the Immigration Regulations of Canada, “A conjugal relationship is one of some permanence, when individuals are interdependent – financially, socially, emotionally and physically – when they share household and related responsibilities, and when they have made a serious commitment to one another.”
Another thing is, you must show to the immigration officer that you made some efforts to cohabit and explain why it’s not possible for both of you. Work as a reason is not a sufficient ground.
If you want us to assess your relationship whether you can be qualified as conjugal partners, please send us all documentations pertaining to your relationship at info@accesspro-immigration.ca. We assure you that all your correspondence and submitted documents shall be dealt with utmost confidentiality.
