Question on Seperation/Divorce during PNP process.

[ILUVCANADA1]

Hello everyone,

I'm from India and so is my wife. We came to Canada for my school, she followed me here as a dependent. We are both in the PNP process. She is working full time as apart of our conditions, Her work visa is good until 2020, 3 more years.

We are going through some rough times and trying to make it work, but if she wanted to leave me or I wanted to leave her, I understand I would need to notify CIC right away.

My questions are.

1) What will happen if we choose to divorce during the PNP process? as one of the conditions were for her to work full time for both our PNP? My wife only qualifies for PNP through my studies.

2) What happens if we divorce after we receive our PNP? how will this affect applying for Federal PR?

3) What will happen to my wife since her work visa is still valid until 2020? Will she need to reapply for her work permit?


Thank you so much!

 

[BCguy]

Among other things working as a paralegal,I have done the paperwork for 179 divorces.I am familiar with the divorce act but not a lawyer.My thoughts question 1 You can only file for divorce if you have lived apart for 1 year or can claim physical or mental abuse backed up a police report or Adultery with evidence and witnesses.Without these elements,you cannot divorce under most Provincial divorce acts.If you divorce during PNP process,She is not eligible any more because she has no right to open work permit and it will not be renewed.Question 2 She becomes PR and you go back to India.Question 3 After She is nominated She can continue to stay in Canada but you are not included in her PR,You remain a student unless you qualify on your own.Hope this helps

 

[ILUVCANADA1]

Among other things working as a paralegal,I have done the paperwork for 179 divorces.I am familiar with the divorce act but not a lawyer.My thoughts question 1 You can only file for divorce if you have lived apart for 1 year or can claim physical or mental abuse backed up a police report or Adultery with evidence and witnesses.Without these elements,you cannot divorce under most Provincial divorce acts.If you divorce during PNP process,She is not eligible any more because she has no right to open work permit and it will not be renewed.Question 2 She becomes PR and you go back to India.Question 3 After She is nominated She can continue to stay in Canada but you are not included in her PR,You remain a student unless you qualify on your own.Hope this helps

Thank you for your Response, for Question number 2).... What exactly do you mean if we divorce after we both receive our PNP that she becomes a PR? What happens for the federal process? Why would I go back to India? What happens to her Work visa?

For question 3) So she just needs to complete her PNP to stay in Canada and complete the federal PR without me being involved?

 

[BCguy]

Regardless of your nomination,you are obligated to inform IRCC of change of status.When you divorce,you cease to be a dependent and unless you earn PR on your own.You must leave when your study permit expires.Once nominated She no longer needs your status to work in Canada,you are now disposable at that stage

 

[ILUVCANADA1]

Thank you.

To confirm once we receive PNP status, my wife is able to apply for Federal PR without me involvement at all? For example we magically divorced right after getting PNP?

 

[BCguy]

Thank you.

To confirm once we receive PNP status, my wife is able to apply for Federal PR without me involvement at all? For example we magically divorced right after getting PNP?

You still need to be separate for a year before filing for divorce,You could separate now,file for divorce when you are both PR a year from date of separation and it will still 3-4 months to finish an undefended divorce