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Married OFW With Child Gets Married Again In Canada!


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Salty Dog

I found this interesting and figured it would generate some interesting comments....   :good:

 

My Wife's brother-in-law's sister is an OFW in Canada. It seems she just got married to a Canadian guy. She still has a Filipino husband and child back in the Philippines. My wife was wondering, "how could she legally do this"? She hasn't told her parents or her Filipino husband, which seems to indicate she knows she did something wrong.

 

In the USA, while it wouldn't be legal, it would be pretty easy to do, at least in some states. I doubt many states know about and/or require a CENOMAR from the Philippines. I'm pretty sure a Birth Certificate and something showing she is legally in the country would be about all that's required. The application for the Marriage License would require someone to to state they are single or divorced and would/might require proof if divorced.

 

As I have no idea about the marriage laws in Canada, I was wondering what Canada requires for an OFW to marry a citizen in Canada. 
 

Can an OFW in Canada just remain there if she gets married? If so I would assume in their typical BS fashion, that the Philippines government would require more than a few documents.

 

I know we have many Canadian members including an attorney. Maybe they can give some factual input.  :db:  

 

As always, most any and all conjecture is welcome as well....  :yahoo:

Edited by Salty Dog
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broden

maybe she wants a husband in every country.. great for when vacation time comes.

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A_Simple_Man

 

 

Can an OFW in Canada just remain there if she gets married?

 

Not unless the rules have changed since my brother did it.  It was easy for him to marry someone who was just visiting Canada but she had to leave Canada for quite a few months while her immigration was being processed.  

 

Easy enough for her to get a divorce in Canada.  She doesn't even need a lawyer as there is not much negotiation.  There is a formula as to who gets what (if there is anything to divide) and I don't think her spouse has to be in the country so long as she meets these criteria:

 

 

As a general rule, to be able to divorce in Canada, you must meet ALL of the following criteria:

  • You and your spouse are legally married under the laws of Canada, or under the laws of another country and that marriage is recognized in Canada.
  • Your marriage has broken down.
  • You or your spouse lived in the Canadian province or territory where you apply for your divorce for a full year immediately before making your application.

 

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AussieLex

I think its pretty straight forward fro a foreigner to get married in Canada .... maybe the law has changed now but I lived in Canada for a time in the 2000 - 2001 ... all that was required was identification... some territories require a birth certificate, If a person states that they are single they don't need a Cenomar like they do here in the Phils ... the department of Vital Statistics  take your word for it that you really are single... if you are divorced or a widow you need to provide a divorce decree or death certificate like most places... maybe someone else can shed more light on the situation but compared to getting married here its dead easy getting married in Canada ... easy to get married in Australia as well .... bottom line is she is a bigamist if she is already married here... so her marriage in Canada is as if it didn't happen and she is liable to be prosecuted ... in the Philippines there are also pretty hefty laws concerning adultery that could further complicate things if the existing Filipino husband wanted to cause problems...

Edited by AussieLex
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SkyMan

I would bet it's pretty easy for her to have divorced her Filipino husband in Canada.  Do you know she didn't?  Any idea if her new husband knows she's still married in the RP?  I assume it would be easy for her to marry in Canada without the RP having any knowledge.  I'm sure it could easily be done in the US.  I think eventually she'll be found out though and her new marriage probably would be voided.

 

maybe she wants a husband in every country.. great for when vacation time comes.

It could be done in many countries.

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It is very easy to get married in Canada as mentioned.

 

There was a rule a few years ago that a sponsorship for immigration can only be done from abroad but that has changed. Once you get married to a Canadian citizen or permanent resident in Canada, you have a right to stay.

 

I don't think she can get a divorce without her husband in the Philippines knowing about it, so chances are high she is still legally married in the Philippines and the marriage in Canada would be not legal and void.

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She is a criminal and would have had to lie to get a marriage license, you only need identity documents and a copy of your work contract for an OFW to get married in Canada. Purgery and poligimy are a crime in Canada. The guy who married her cant be the sharpest nail in the bag, not knowing she was already married. I would speculate the marriage was born not of love but of a want to be a Canadian citizen or a desire to have her own personal ATM.

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She is a criminal and would have had to lie to get a marriage license, you only need identity documents and a copy of your work contract for an OFW to get married in Canada. Purgery and poligimy are a crime in Canada. The guy who married her cant be the sharpest nail in the bag, not knowing she was already married. I would speculate the marriage was born not of love but of a want to be a Canadian citizen or a desire to have her own personal ATM.

 

 

She wouldn't have to show her work contract, it doesn't say it anywhere. I just checked BC.

 

Primary ID is required, so either her passport with stamp from immigration or much easier if she has her  Canadian driver's license.

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It is very easy to get married in Canada as mentioned.

 

There was a rule a few years ago that a sponsorship for immigration can only be done from abroad but that has changed. Once you get married to a Canadian citizen or permanent resident in Canada, you have a right to stay.

 

I don't think she can get a divorce without her husband in the Philippines knowing about it, so chances are high she is still legally married in the Philippines and the marriage in Canada would be not legal and void.

 

You have a right to stay as long as a work contract is in effect and may pursue staying with your husband by successfully  filing the applications for sponsorship before said contract expires. Marriage alone gives no rights to remain in Canada.

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She is a criminal and would have had to lie to get a marriage license, you only need identity documents and a copy of your work contract for an OFW to get married in Canada. Purgery and poligimy are a crime in Canada. The guy who married her cant be the sharpest nail in the bag, not knowing she was already married. I would speculate the marriage was born not of love but of a want to be a Canadian citizen or a desire to have her own personal ATM.

 

 

And I think she is commiting bigamy not polygamy. Yes, it is a criminal offense but I don't think it is prosecuted.

You have a right to stay as long as a work contract is in effect and may pursue staying with your husband by successfully  filing the applications for sponsorship before said contract expires. Marriage alone gives no rights to remain in Canada.

 

 

Let's not confuse marriage law and immigration law. Immigration law requires her spouse to file a petition but again, immigration Canada is not very strict with that, but yes, it has to be filed eventually. Once they have children and common law, oh well. 

Edited by ckfm
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Buko Beach

If she gained entry into Canada under the temporary foreign worker program, the rules were updated a few years ago so that a worker may only work 4 years in Canada and they are not allowed back into Canada for another 4 years. The 4 in 4 out rule was put in place to stop temporary workers from becoming de facto permanent residents.

 

I have no idea what the OFW Filipina was thinking getting married to a Canadian while still married to a Filipino back home, but it probably had something to do with her soon to expire 4yr work permit. It's pretty common for Filipina OFW's to have a BF (or three) on the side, but to get hitched to stay in Canada is pretty low.

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She wouldn't have to show her work contract, it doesn't say it anywhere. I just checked BC.

 

Primary ID is required, so either her passport with stamp from immigration or much easier if she has her  Canadian driver's license.

I have personally been in that situation in alberta and the things required, valid id, work visa number related to her contract (the reason she was in canada in the first place)

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And I think she is commiting bigamy not polygamy. Yes, it is a criminal offense but I don't think it is prosecuted.

 

 

 

Let's not confuse marriage law and immigration law. Immigration law requires her spouse to file a petition but again, immigration Canada is not very strict with that, but yes, it has to be filed eventually. Once they have children and common law, oh well.

 

What you are saying is that Canada has laws that are not enforced. your going to be in for an eye opener if you ever plan on getting hitched to an ofw...

 

I have no idea why your talking about common law.

 

You summarized your post when you said "i don't think"

 

Your splitting hairs with polygamy and bigamy, what next? correct my spelling?

 

https://en.wikipedia.org/wiki/Polygamy_in_North_America

 

https://en.wikipedia.org/wiki/Bigamy

Edited by bkb1
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goggleye

I think its pretty common for OFW's to marry even they have a pinoy/pinay spouse in the Phils already 

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