application for PR pending; thinking about divorce

Canada Immigration Forum (discussion group)

Subject: application for PR pending; thinking about divorce
  Hi (I am sorry, but something happened the first time I tried to post and I´m reposting now)

Here is my case in a nutshell:

- I am the principal applicant

- I´ve been thinking about divorce but was asked to wait till we hear back about the application.

- What if I waited to file, we went to Canada, and then divorced?

- In this case, can my then ex-spouse still stay in Canada, if we´re divorced, and if I´m not in Canada at all???

Thank you very much for your help!!!

(in reply to: application for PR pending; thinking about divorce)
I really don´t know how this works. You still need to land. if you go back home, and your partner (non principle) stays and there is a divorce - I think they are OK unless it becomes apparent to CIC that fraud has taken place. What the consequences are is unclear. Your spouse could lose the PR or you both could be in trouble - not sure.

My question - why do you want a PR if you are not intending to live in Canada?

(in reply to: application for PR pending; thinking about divorce)
Thank you for the quick reply, Sharon.

To answer your question, when I applied for the PR one year ago, I wanted to do it and live in Canada. Since then, however, some things happened, that now make me want to stay where I am, on my own... see what I mean?

Btw, how long is it until I´m supposed to hear anything back from CIC? It´ll be one year in August...

Thanks again

(in reply to: application for PR pending; thinking about divorce)
depends on which embassy you are working with. It could be another 1-4 years!

If you have changed your mind about immigration, I certainly would not keep a marriage together just so they can gain a PR. Do you want to put your personal life on hold that long?

If you are the one that is holding the PR application together then you need to do what is right for your life.

(in reply to: application for PR pending; thinking about divorce)
Hi Mate,
If you do not want to go to Canada and if you are thinking of a divorce, why do you worry ? and why do you want to take her to Canada ?

Anyway let me try to answer your questions,

1. Since you are the principal applicant, and your wife is coming over because of you, you are responsible to take care of her, ... Since you are leaving Canada just after landing that means you are not going to complete the requirements of becoming a PR ( landing in Canada for a number of days - cannot remember the excact days but over 3000) so you will lose your PR right, this also means she is going to lose hers as well ...
2. Hovewer, she can hire a lawyer then go to the court and tell that ´ you decieved her´ and she had to leave her life in India, and can sue you and get all her legal rights- since you told the CIC that you are going to take care of her and look after her financially, .. What I mean is although CIC tries to deport her, she can stay there by hiring a lawyer and even getting all the money from you through application of international rules and law, ...
3. My personal advice, if you are not going to live in Canada forget about your application just tell CIC that you have decided not to go to Canada, (otherwise you are going to have some legal responsibilities that should be fulfilled for your wife)since you both want to get divorced just forget about what she wants to do and where she wants to live, ..

good luck

(in reply to: application for PR pending; thinking about divorce)
2 years residency out of 5 to maintain your PR. I am not convinced of what happens should your wife maintain her status. Regardless, if there is a divorce and CIC smells that she has used you to gain access to Canada, it could all be for nothing.

All that, and look what it does to your own life!

(in reply to: application for PR pending; thinking about divorce)
Hey guys,

I completely understand (and agree with) what you´re all saying and I thank you so much for your input!

I did get all my questions answered; this is a great forum indeed!

Thanks again!!!

p.s. we currently live in the US (on my student visa) and the application was sent to Buffalo.

application for PR pending; thinking about divorce (in reply to: application for PR pending; thinking about divorce)
I have received a letter from CIC New Delhi for updated documents.
1.I had submitted Police Clearance Certificate and IELTS score at the time of application.
Should I have to submit both of them again?

2.I was living with my spouse at the time of application.Now I am living separately since May 2007 at as I filed a divorce petition on June 2007 and there is an impending divorce.she continues to live separately at the previous address.We don?t have any kids born out of that matrimony.I have got fresh passport as per regulations of Indian passport Act 1967 due to residing at a different place for more than a year.
What proof should I submit regarding divorce petition and impending divorce?

3. Should I have to include her as a family member in IMM0008 or not?

4.Due to conditions beyond my control and since she is not a de facto spouse and dependent since May ,2007 I can?t legally or otherwise force her to submit her updated PCC,IMMI008,Schedule 1,Schedule 3 , Additional Family Background ,photographs and other documents .
Should I be exempted from submitting her PCC?
What should I do to supplement this?
Can I submit details of her IMMI008,Schedule 1,Schedule 3,Additional Family Background ,photographs and other documents on my behalf and though her signatures are needed at Schedule 1 and Additional Family Information?

5. Would she still be eligible for immigration in future even if she is not an accompanying spouse?

(in reply to: application for PR pending; thinking about divorce)
you should inform CIC about your change in status and she will be removed from your application. As principle applicant you control what happens with the file - not her.

if she does not qualify with her own skills, and you are no longer married, she would no longer be eligible for immigration under this application. you would need to remarry and sponsor her.

if you are divorcing before landing and CIC does not get notified, you are both landing with false marital status and that could disqualify your application.

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