waiting for divorce .
- Thread starter Amoon
- Start date
I think that the answer is yes, it probably will slow down your application. Your ex - spouse will need to be confirmed as not being on the application. Only the divorce being finalised will achieve this.
Bud, this whole process is so confusing. Nothing to blame you for.Amoon said:
If the basis of your protected person claim was based on your marriage or due to your spouse's religion, social membership or anything else, Minister may choose to file for 'Vacation'. It doesn't matter if you are protected person or a Permanent resident, Minister still has power to file 'Vacation'. However, Because vacation can be filed anytime (between you are protected person until you become citizen), it doesn't affect a lot in the processing of your PR application.
As mentioned in PP04 Immigration manual Page 10:
"Impact of cessation or vacation of refugee protection
The Minister may apply to the Refugee Protection Division, with respect to a protected person, for
cessation of refugee protection pursuant to A108(2), or for vacation of refugee protection pursuant
to A109(1). The Minister may also vacate, pursuant to A114(3), a decision made pursuant to
A114(1)(a) conferring refugee protection. In any ofthese cases, the person's claim or application
for protection is deemed to be rejected.
When an applicant for permanent residence ceasesto be a protected person, or refugee
protection is vacated, the applicant is no longereligible to apply for permanent residence. The
decision to vacate may also be rendered after the person has become a permanent resident.
Should this be the case, A46 provides for the loss of the permanent residentstatus, except with
respect to cessation decisions pursuant to A108. Hence, there isno requirement to suspend or
delay the processing of an application for permanent residence simply because “vacation” is
being contemplated or pursued. Refer to Appendix F for the proper notification required when the
applicant's status as a protected person has ceased, or refugee protection has been vacated."
You are vulnerable to Vacation tool by immigration. I would recommend that you shouldn't worry that much because first of all Vacation is a very rare scenario because Minister doesn't always choose this path and if in case it does you will have to go through Vacation Hearing which is also a "second refugee hearing". I know its another $4000 to $4500 expenditure but you can surely try your best to prove that the circumstances which existed before while your refugee claim was heard, they might exist even today in one form or another. Of course you have to show proves and oral testimonials but any decent attorney can help you prepare the whole case.
Sometimes Background checks also cause a big delay even after CSIS forward their report to CIC because CIC after receiving the report has to make a decision if ministerial view (client informed review) or security review (internal review by immigration intelligence Analyst, NHQ) about you is required. File normally gets transferred from CPC-V to local CIC office for 'Further Review' and inadmissibility or vacation review and timeline is 'indefinite' after this. Its after visa officer has all the clear cut decisions from RCMP (CRIMINAL), MEDICAL and SECURITY (CSIS, CBSA security review report if any red flags found in CSIS report) regarding your security and everything, they will issue your landing. If your wife is trying to go against you and maybe making complaints to immigration officer it wont be a big effect instantly. Your protected person status gives you a bit of security due to your OWN sponsorship for your residency not by your wife. Secondly, you can always argue to immigration officer in interview (if they call you for any reason regarding vacation or inadmissibility) or you can resort to FC for decisions.
I know this process is hard and so uncertain, containing multiple checks, but we chose this path and these are the consequences of it. Money is remedy and it works good but not always. If you have any national security concerns which you think might pop up in your security reviews or you have any doubt that minister might resort to vacation, please contact an expert immigration lawyers. To name few
1) Mario D. Bellissimio (http://www.bellissimolawgroup.com/) (8/10)
2) Barbara Jackman (http://www.bjackman.com) (8/10) (Best National Security Issues attorney)
I hope above information is of your satisfaction. Good Luck with your journey.
thanks Fallen_Warrior and zardoz
I don't really have any security issue in fact I got AIP and DM on my sponsorship application and then my sponsor withdraw the application so I had to apply again for my PR after I got accepted as refugee so i had to do another medical and no news since i send my medical on august 2013
i don't know if i'm in bad situation and it's really costly to see a lawyer ,
tell me what do you guys think ?
by the way i'm the one who's filing for divorce
thank you
I don't really have any security issue in fact I got AIP and DM on my sponsorship application and then my sponsor withdraw the application so I had to apply again for my PR after I got accepted as refugee so i had to do another medical and no news since i send my medical on august 2013
i don't know if i'm in bad situation and it's really costly to see a lawyer ,
tell me what do you guys think ?
by the way i'm the one who's filing for divorce
thank you