Q. Hi Atty Wong, avid reader po ako ng column nyo at ang dami nyo po natutulungan. Naglakas loob lang po ako na sumulat sa inyo umaasa na matulungan nyo din po. Bale ito po ang case ko, I got married here in Canada we are both Filipino citizen then I got divorce also here in Canada way back 1994 (we did not declare our marriage in Philippines nor in Philippine Consulate here in Canada) .
I became Canadian Citizen on 1996. Then 2006 I remarried to the Filipino citizen in the Philippines. Now I am applying for my husband’s spousal sponsorship. Since Canadian Citizen na ako ngayon di po ba makakaapekto yun first marriage and divorce ko sa application namin?
Maraming salamat po, nawa ay matulungan nyo ako. Virginia.
Ans. Hi Virginia, on the basis of the facts you have mentioned, it is my view that your first marriage in Canada at the time when you were still Filipino citizen is still subsisting even as of date.
You acquired your Canadian Citizenship only in 1996. Thus, it follows that when you were granted divorce in 1994, you were still a Filipino citizen.
As a general rule, divorce is not recognized in the Philippines, although there are certain exceptions.
Unfortunately your situation cannot be considered as one of the exceptions as provided by law, as both of you and your husband at that time of your marriage were Filipino citizens and when you got your divorce in 1994, you were still a Filipino citizen. Such being the case, your divorce did not terminate your first marriage.
In view of the above, your subsequent marriage in 2006 in the Philippines is null and void despite of your Canadian citizenship.
It could have been a different story, if you obtained your Canadian citizenship first and thereafter, got your divorce.
Now, as to whether or not your 2006 marriage will serve as legal basis for spousal sponsorship, this matter could only be determined by the Canadian immigration authorities.
However, since your first marriage was contracted in Canada and there is no record of such marriage in the Philippines, there is that possibility that your situation could be overlooked.
On the other hand, there is also that chance that the Canadian immigration authorities will be able to find out and strictly rule that the divorce you secured in 1994 did not legally terminate your first marriage for reason stated above.
And if the immigration authorities holds this view, then the spousal sponsorship you have initiated will not have a legal leg to stand by itself.
It is suggested that you confer with immigration lawyer (not consultant) for professional advice. Thank you for writing. Good luck.