TH77
Full Member
Posts: 41
Ratings: +1
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« on: July 10, 2010, 03:07:47 pm » |
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Hi All, i need your help since i am in a very bad situation
i am going through divorce after doing medicals and paying landing fees, I do pass the 67 points without the 5 points for adaptability
my concern now if i get passport request my wife is not willing to send her passport even if i get it before divorce
divorce process will take sometime - what to do? if i get ppr and i send only my passport will this stop the process
Please help i am so depressed
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explorer101
Champion Member
Posts: 1506
Ratings: +225
LANDED..........: 2010
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« Reply #1 on: July 10, 2010, 03:11:59 pm » |
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When you send your passport, send a forwarding letter that your spouse is not interested in migration. You are principal applicant and you can always do it. ( i assume that medicals of your wife had been done and sent to visa office )
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TH77
Full Member
Posts: 41
Ratings: +1
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« Reply #2 on: July 10, 2010, 03:14:08 pm » |
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Thank you for your reply, yes we have both passed medical and landing fees collected for both of us
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explorer101
Champion Member
Posts: 1506
Ratings: +225
LANDED..........: 2010
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« Reply #3 on: July 10, 2010, 03:15:37 pm » |
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After your letter - the landing fee of your spouse would be refunded.
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TH77
Full Member
Posts: 41
Ratings: +1
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« Reply #4 on: July 10, 2010, 03:19:16 pm » |
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Thank you so much explorer, appreciate your input - such a relief
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BuffaloApp
Member
Posts: 19
Ratings: +2
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« Reply #5 on: July 10, 2010, 03:46:42 pm » |
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Hi All, i need your help since i am in a very bad situation
i am going through divorce after doing medicals and paying landing fees, I do pass the 67 points without the 5 points for adaptability
my concern now if i get passport request my wife is not willing to send her passport even if i get it before divorce
divorce process will take sometime - what to do? if i get ppr and i send only my passport will this stop the process
Please help i am so depressed
No they won't issue you a visa unless you show your divorce papers. Same thing happened to my friend so I am closely aware of this situation. |
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shibuya
Champion Member
Posts: 1567
Ratings: +160
Category........: Other
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« Reply #6 on: July 10, 2010, 04:39:45 pm » |
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If a couple is separated, the husband can still apply for immigration to Canada and not include the wife as a dependant in the application, provided he can show that he is separated. Otherwise, Immigration Canada is going to insist that the wife undergo the medical examination and the security check. If the wife refuses, the application will be refused.
The application can also be refused if the Canadian authorities are of the view that a couple is a couple no longer because they are separated, but are only staying together for immigration purposes.
If children are involved, Immigration Canada will require proof that the non-accompanying parent has given her legal consent to the children's immigration.
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luluyu
Star Member
Posts: 55
Ratings: +3
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« Reply #8 on: July 10, 2010, 10:34:31 pm » |
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The application can also be refused if the Canadian authorities are of the view that a couple is a couple no longer because they are separated, but are only staying together for immigration purposes.
If the principal applicant alone claims enogh points for immigration, will they issue one PR only to the principal applicant? |
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harryk
Star Member
Posts: 70
Ratings: +1
Visa Office......: New Delhi
NOC Code......: 4131
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« Reply #9 on: July 11, 2010, 03:31:36 am » |
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Dear TH77,
If you and your spouse are on the verge of a seperation, and yet not have filed for divorce, and if you both have already done the medicals, then let me inform you that in the case your legal wife (as she hasnt filed for divorce or seperation) doesnt want to accompany you to Canada, you will require a 'No Objection Certificate / Affidavit' from your wife stating that she is willing not to go with her husband and that she has no objections to her husband migrating to Canada. Moreover, if she decides to migrate to Canada at a later date, then she will have to abide by the laws and regulations of Canadian Immigration that shall exist at that given time. If you are legally seperated, then make sure to send the legal documents to the CHC. And once you get the divorce, you should send that legal document too to CHC. If you have enough points even without the inclusion of your wife/ex-wife, then you need not worry about anything. The only drawback is that it might take an extra few months. Thats all. Regards, Harry.
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TH77
Full Member
Posts: 41
Ratings: +1
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« Reply #10 on: July 14, 2010, 08:39:08 am » |
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Thanks all for the help, I am thinking to hire a consultant to take over my application at this stage, to avoid risk
we are actually separated but will not go through the divorce paperwork before a month or more
if i recieve PPR now should i mention that we are separated - no proof...
or should i only mention that she is rethinking immigration and send my passport only..
if i convince here to send her passport..we can both get visa before divorce, will that be the ideal situation? or i can have problems with CHC later when i move to canada?
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canadp
Hero Member
Posts: 246
Ratings: +11
Category........: FSW1
Visa Office......: Buffalo
NOC Code......: 0213
Pre-Assessed..: Yes
App. Filed.......: 29-01-2009
VISA ISSUED...: 29-06-2010
LANDED..........: 29-07-2010
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« Reply #11 on: July 14, 2010, 05:35:36 pm » |
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Even if you receive PPR, it is clearly mentioned that do not submit passport in some conditions. That will be mentioned on the letter when you got your PPR Request. If any of that condition apply in your case then do not submit passport and inform CIC for what to do for next step. As long as you are not divorced you can avoid to mention that to CIC but not after that. Convince your wife if possible to wait little longer till your get your passport stamped. However there is an issue because you need to submit passport together for principal and all dependent. I wish something work out for you.. canadp Thanks all for the help, I am thinking to hire a consultant to take over my application at this stage, to avoid risk
we are actually separated but will not go through the divorce paperwork before a month or more
if i recieve PPR now should i mention that we are separated - no proof...
or should i only mention that she is rethinking immigration and send my passport only..
if i convince here to send her passport..we can both get visa before divorce, will that be the ideal situation? or i can have problems with CHC later when i move to canada?
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craft33
Newbie
Posts: 4
Ratings: +20
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« Reply #12 on: July 14, 2010, 05:54:48 pm » |
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If your points are ok, even without spouse they will issue you visa.
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tonnyinchina
Star Member
Posts: 163
Ratings: +10
Category........: FSW1
Visa Office......: Beijing
App. Filed.......: 2007
LANDED..........: 15th October 2010
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« Reply #13 on: July 14, 2010, 07:02:03 pm » |
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Well if it has actually reached the divorce part,You will have to get the required divorce proceedings.This document has to be forwarded to the CIC before a decision is made on your immigration case. The good part is that,you have the 67 points even without the adaptability points,thus with completion of other checks,you're likely going to get your visa without any hitch.Note,without the divorce papers,then expect to have your application rejected,unless ofcourse your wife participates positively in the process.
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laxmikanthms
Hero Member
Posts: 539
Ratings: +23
Category........: FSW1
Visa Office......: New Delhi
NOC Code......: 0213
Pre-Assessed..: Yes
App. Filed.......: Dec-07-2009
Doc's Request.: Feb-02-2010
AOR Received.: June-14-2010
IELTS Request: Already Done
File Transfer...: Feb-10-2010
Med's Request: Nov-01-2010
Med's Done....: Dec-02-2010
Interview........: Waived
Passport Req..: Nov-01-2010
VISA ISSUED...: Jan-13-2011
LANDED..........: Already Landed on Work Permit before PR was issued.
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« Reply #14 on: July 14, 2010, 09:21:37 pm » |
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I am not sure about this situation.
My sincere advice is figure out how to get back with your wife.
Life is one live it.
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