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Divorced Before visa but principal applicant landed

navsam

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Jun 28, 2011
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Currently my wife and I applied (me as dependent and my wife as principal applicant and I did not scored any point) for Permanent residency under Federal Skilled Worker Category in Canada. We were legally divorced in home country before visa. She has given FALSE STATEMENT to Canadian High High Commission Visa Officer in the interview stating that we are still married.
My wife (principal applicant) has landed in Canada and currently I am in my home country and do not want to land in Canada because I want to start new process by myself as principal applicant. I have my passports and landing papers with me. If I inform Canadian Immigration with divorced paper what happens to her PR status? does it make any negative impression to my application if I start fresh application to Canada?
 

pittabread

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Oct 25, 2010
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navsam said:
Currently my wife and I applied (me as dependent and my wife as principal applicant and I did not scored any point) for Permanent residency under Federal Skilled Worker Category in Canada. We were legally divorced in home country before visa. She has given FALSE STATEMENT to Canadian High High Commission Visa Officer in the interview stating that we are still married.
My wife (principal applicant) has landed in Canada and currently I am in my home country and do not want to land in Canada because I want to start new process by myself as principal applicant. I have my passports and landing papers with me. If I inform Canadian Immigration with divorced paper what happens to her PR status? does it make any negative impression to my application if I start fresh application to Canada?
Hi!

May I ask why didn't you inform CIC before and waited for her to land in Canada? You should have informed them before? Now if you inform CIC, her and your's PR status would definitely be cancelled but you need to provide evidence that she was divorced before the interview took place. If you are planning to launch a new application as principal applicant I see no problems for you but be honest at every point.

Thanks
 

Leon

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Jun 13, 2008
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There is no problem with you starting a new application. If you tell immigration that you and your wife were already divorced before she landed, she might be in trouble but if she didn't get her immigration based on your points, they might let it slide.
 

pittabread

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Leon said:
There is no problem with you starting a new application. If you tell immigration that you and your wife were already divorced before she landed, she might be in trouble but if she didn't get her immigration based on your points, they might let it slide.
Hi Leon!

But what she said in interview that she was still married can be considered as misrepresentation that she tried to hide the facts. I think she can be in serious trouble.

Thanks
 

Leon

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There are many people who get married and don't tell when they land. I have only heard of one who lost his PR because of it. They are usually just barred from sponsoring their spouse but nothing happens to their own PR. It is possible that she will be in big trouble, I don't know.

He says they were divorced before the visa but how does he know what his wife said in the interview? He was not there. If she lied about still being married, that is bad but it is possible that she was never asked and lied about nothing so then it becomes not a lie but an oversight not to notify. Besides, she has nothing to gain not to notify about her divorce if she was not getting points for him which would strengthen her case that it was oversight, not purposeful.
 

pittabread

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Leon said:
There are many people who get married and don't tell when they land. I have only heard of one who lost his PR because of it. They are usually just barred from sponsoring their spouse but nothing happens to their own PR. It is possible that she will be in big trouble, I don't know.

He says they were divorced before the visa but how does he know what his wife said in the interview? He was not there. If she lied about still being married, that is bad but it is possible that she was never asked and lied about nothing so then it becomes not a lie but an oversight not to notify. Besides, she has nothing to gain not to notify about her divorce if she was not getting points for him which would strengthen her case that it was oversight, not purposeful.
Hi!

But what if he proivdes a paper evidence that they were divorced before the interview took palce as he is talking about legal divorce.


Thanks
 

lnd_dan

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Jun 18, 2010
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From my view on dis issue, if she said dey are still married then d spouse must have been issued a visa let him travel and land why impelicating her spouse I also advice he moves on with his life as if he acts funny he might also end up not getting his PR wen he apply
 

Cappuccino

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navsam said:
Currently my wife and I applied (me as dependent and my wife as principal applicant and I did not scored any point) for Permanent residency under Federal Skilled Worker Category in Canada. We were legally divorced in home country before visa. She has given FALSE STATEMENT to Canadian High High Commission Visa Officer in the interview stating that we are still married.
My wife (principal applicant) has landed in Canada and currently I am in my home country and do not want to land in Canada because I want to start new process by myself as principal applicant. I have my passports and landing papers with me. If I inform Canadian Immigration with divorced paper what happens to her PR status? does it make any negative impression to my application if I start fresh application to Canada?
When you make a fresh application once of the questions will be have you ever applied before, so you will have to inform them in response to this question.

But my advice would be do not tell them any lies at all - however, you may wish to just give them the details which are relevant. If you say you chose not to land before because you divorced your wife (which is true) they may not ask or may not need to know whether you were divorced during your interview.

Your wife has committed a federal crime by lying to the immigration officer during your interview, and if you were party to this then this could affect both your future applications and her current residency if CIC find out about it. Really the best thing to do would have been to be honest at the interview stage, say you are divorced but that only your wife would be going on this application and that you would make a fresh application.

However, with that already done now IMO the best thing is to make your own application and be honest about any questions you are asked, but do not volunteer the information about being divorced at the interview unless you are explicitly asked about it.

Best of luck,
Wayne.
 

pittabread

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Cappuccino said:
But my advice would be do not tell them any lies at all - however, you may wish to just give them the details which are relevant. If you say you chose not to land before because you divorced your wife (which is true) they may not ask or may not need to know whether you were divorced during your interview.
If he says he divorced his wife then does he not need to provide divorce papers? and if yes then on papers they can see he divorced his wife before the last immigration interview took place and visa was issued so he can be in trouble I suppose?

Thanks
 

haral

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Was he the main applicant: NO
Did he lied to immigration in Interview: NO
Was it his responsiibility to tell immigration of new maritial status: NO

So, its the main applicant who may get the stick from immigration...he should'nt have any problems in his app...

pittabread said:
If he says he divorced his wife then does he not need to provide divorce papers? and if yes then on papers they can see he divorced his wife before the last immigration interview took place and visa was issued so he can be in trouble I suppose?

Thanks
 

pittabread

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haral said:
Was he the main applicant: NO
Did he lied to immigration in Interview: NO
Was it his responsiibility to tell immigration of new maritial status: NO

So, its the main applicant who may get the stick from immigration...he should'nt have any problems in his app...
Wasn't this his responsibility to inform CIC when he got divorced and knew his wife lied to immigration officer during interview? I think this can be considered as misrepresentation because as a dependant he is also bound to terms and conditions when you sign that additional family information form IMM5406 I think....
 

Cappuccino

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pittabread said:
If he says he divorced his wife then does he not need to provide divorce papers? and if yes then on papers they can see he divorced his wife before the last immigration interview took place and visa was issued so he can be in trouble I suppose?

Thanks
He only need provide divorce papers if they ask for them. If he is applying as a single principal applicant, I see no reason why CIC would be particularly interested in his ex-spouse who would not be part of the application.

My stance would definitely be to tell the truth, but not volunteer the fact he was divorced during the interview of his spouse's previous application unless they specifically ask the question.

Wayne.
 

samlak

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Apr 14, 2011
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hi,,
last month i we got the passpost req from VO in it its is clearly written that if there is any changes in maritial status or some one dead or new birth even change of passport (renewal ) we have to inform them,, and always passport submittion req comes for all family only principle can not submit the passport so how she only got the visa???

regds/
 

YTNZ

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navsam said:
Currently my wife and I applied (me as dependent and my wife as principal applicant and I did not scored any point) for Permanent residency under Federal Skilled Worker Category in Canada. We were legally divorced in home country before visa. She has given FALSE STATEMENT to Canadian High High Commission Visa Officer in the interview stating that we are still married.
My wife (principal applicant) has landed in Canada and currently I am in my home country and do not want to land in Canada because I want to start new process by myself as principal applicant. I have my passports and landing papers with me. If I inform Canadian Immigration with divorced paper what happens to her PR status? does it make any negative impression to my application if I start fresh application to Canada?
Can his ex-wife land without him? I once heard that landing should be for the entire family members who are included in the application... I might be wrong..
 

Leon

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His ex-wife was the principal applicant and the principal applicant can either land before or with the rest of the family. The rest of the family can not land without the principal applicant having done it first or doing it at the same time.

I don't see how this guy is going to have any problems because of his wife's lies. They are divorced so how does he even know if she is going for interview and what she is telling them unless she tells him? He can really not be blamed for that.