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Author Topic: divorce before sponsorship period  (Read 265 times)
jackson_jj21
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« on: January 24, 2012, 04:33:38 pm »

Hi

I was wondering if someone can answer my questions about my divorce.
I am a canadian citizen that went to iran and married a woman from there and I sponsored her to Canada and brought her here. Unfortunately, our marriage did not go well and she went back to Iran.
Now I am trying to obtain a divorce back home.
Is the divorce in Iran recognized in Canada as well?
She has a Landed immigrant card, can she return to canada even if i notify the canadian government of our divorce?
If she comes back to Canada and lives here, how long would I have to pay her spousal support? How does the process work?

Can someone please answer these questions and throw in expereince and suggestions?

Thank you
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PMM
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Posts: 13867
Ratings: +511

« Reply #1 on: January 24, 2012, 04:49:40 pm »

Hi


Hi

I was wondering if someone can answer my questions about my divorce.
I am a canadian citizen that went to iran and married a woman from there and I sponsored her to Canada and brought her here. Unfortunately, our marriage did not go well and she went back to Iran.
Now I am trying to obtain a divorce back home.
Is the divorce in Iran recognized in Canada as well?
She has a Landed immigrant card, can she return to canada even if i notify the canadian government of our divorce?
If she comes back to Canada and lives here, how long would I have to pay her spousal support? How does the process work?

Can someone please answer these questions and throw in expereince and suggestions?

Thank you

1.  Unless you resident in Iran for a year before the divorce, then it won't be recognized in Canada. 

Recognition of foreign divorce

22. (1) A divorce granted, on or after the coming into force of this Act, pursuant to a law of a country or subdivision of a country other than Canada by a tribunal or other authority having jurisdiction to do so shall be recognized for all purposes of determining the marital status in Canada of any person, if either former spouse was ordinarily resident in that country or subdivision for at least one year immediately preceding the commencement of proceedings for the divorce.
Idem
2.  As long as she maintains her residency obligations, she is a PR and can return to Canada.
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PMM
scylla
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Posts: 4150
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Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 28-05-2010
AOR Received.: 19-08-2010
File Transfer...: 28-06-2010
Passport Req..: 01-10-2010
VISA ISSUED...: 05-10-2010
LANDED..........: 05-10-2010

« Reply #2 on: January 24, 2012, 08:00:38 pm »

Hi


1.  Unless you resident in Iran for a year before the divorce, then it won't be recognized in Canada. 

Recognition of foreign divorce

22. (1) A divorce granted, on or after the coming into force of this Act, pursuant to a law of a country or subdivision of a country other than Canada by a tribunal or other authority having jurisdiction to do so shall be recognized for all purposes of determining the marital status in Canada of any person, if either former spouse was ordinarily resident in that country or subdivision for at least one year immediately preceding the commencement of proceedings for the divorce.
Idem
2.  As long as she maintains her residency obligations, she is a PR and can return to Canada.

3. If she goes on social assistance (welfare) within the first three years of landing in Canada as a PR, you will be responsible for paying this money back to the government.
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