Divorce application before spouse landing

[gv198707]

Hi, I came here as a student and became PR 3 months ago with a dependant spouse in CEC cateogry and also received my PR card recently. I got married in 2020 and unfortunately we are heading towards mutual consent divorce in a week. My spouse doesn't have any Canadian status and she hasn't landed yet. She got the passport stamped 2 months ago.

My question is, would this affect the PR status or her landing procedure? Should I inform IRCC about the divorce application? If there's negative complications, should we wait until she lands and apply for divorce later? Howlong should we wait to apply for it after she lands so IRCC doesn't mistake this as a marriage of convenience. Thank you in Advance!

 

[Ponga]

Hi, I came here as a student and became PR 3 months ago with a dependant spouse in CEC cateogry and also received my PR card recently. I got married in 2020 and unfortunately we are heading towards mutual consent divorce in a week. My spouse doesn't have any Canadian status and she hasn't landed yet. She got the passport stamped 2 months ago.

My question is, would this affect the PR status or her landing procedure? Should I inform IRCC about the divorce application? If there's negative complications, should we wait until she lands and apply for divorce later? Howlong should we wait to apply for it after she lands so IRCC doesn't mistake this as a marriage of convenience. Thank you in Advance!

https://www.canadavisa.com/canada-immigration-discussion-board/threads/divorce-after-copr-but-before-landing.700561/

https://www.canadavisa.com/canada-immigration-discussion-board/threads/a-couple-to-be-divorced-before-landing.539887/post-6667400

https://www.canadavisa.com/canada-immigration-discussion-board/threads/a-couple-to-be-divorced-before-landing.539887/post-6667443

If she lands and becomes a PR, knowing that she (and you) are "...heading towards mutual consent divorce in a week", it could very well be seen as misrepresentation. YOU have to be the one to remove her from your application because you included her as your spouse.

 

[Kaibigan]

Hi, I came here as a student and became PR 3 months ago with a dependant spouse in CEC cateogry and also received my PR card recently. I got married in 2020 and unfortunately we are heading towards mutual consent divorce in a week. My spouse doesn't have any Canadian status and she hasn't landed yet. She got the passport stamped 2 months ago.

My question is, would this affect the PR status or her landing procedure? Should I inform IRCC about the divorce application? If there's negative complications, should we wait until she lands and apply for divorce later? Howlong should we wait to apply for it after she lands so IRCC doesn't mistake this as a marriage of convenience. Thank you in Advance!

It sounds like you are asking the forum how to manage things so your wife (from whom you are likely to be divorced before she can get here) can still become a permanent resident, illegally, with you aiding and abetting her. Or, do I misapprehend the import of your words?

 

[canuck78]

Hi, I came here as a student and became PR 3 months ago with a dependant spouse in CEC cateogry and also received my PR card recently. I got married in 2020 and unfortunately we are heading towards mutual consent divorce in a week. My spouse doesn't have any Canadian status and she hasn't landed yet. She got the passport stamped 2 months ago.

My question is, would this affect the PR status or her landing procedure? Should I inform IRCC about the divorce application? If there's negative complications, should we wait until she lands and apply for divorce later? Howlong should we wait to apply for it after she lands so IRCC doesn't mistake this as a marriage of convenience. Thank you in Advance!

If you are no longer in a relationship you are required to inform IRCC. Given that you know that you will be divorcing already you need to inform IRCC that you are no longer in a relationship. If you ever want to sponsor anyone else expect to face scrutiny if you include someone as your spouse and you suddenly divorce after their arrive.

 

[iSaidGoodDay]

It sounds like you are asking the forum how to manage things so your wife (from whom you are likely to be divorced before she can get here) can still become a permanent resident, illegally, with you aiding and abetting her. Or, do I misapprehend the import of your words?

In so many countries, the procedure to file for divorce involves going through a cooling off period (usually involves a petition of separation) followed by second/third petition to satisfy the court, which leads to a divorce decree.

If OP is to get the divorce decree in a few months and the spouse was married outside of Canada, most likely the process was already started and this could easily fall into misrepresentation.

 

[BransonCaldwell]

It's important to consider how this might impact your spouse's landing process. I recommend seeking advice from a legal expert specializing in immigration and family law.
As for informing IRCC about the divorce application, it's generally recommended to keep them updated on any changes to your marital status. Waiting until after your spouse lands might provide more clarity and avoid potential complications.
Consider consulting with professionals like Fischer & Van Thiel, PC, who offer knowledgeable guidance on family law matters. They can provide personalized advice, having many skilled domestic violence attorneys in Oceanside and other areas.
Take care!