Advice needed - Divorce and Immagration

[BarnardSA]

So my husband is in the process of applying for all the permits etc. for him to go over and start work in Canada. However, I'm currently awaiting paperwork from my Lawer with regards to a divorce.
His immigration agent advised him to once he does the application for his PR to add myself and our daughter on the paperwork. Then said that after he has been in Canada for 2 years and received his PR, my daughter and I have to fly to Canada, activate our PR and then we can return to SA.

My questions are as follows:
1. Do we have to be married still in order for this to be legal?
2. Will he be able to refuse my daughter return to SA with me?
3. Will this still be an option should we divorce before he receives his PR?

I just need some advice before making any life changing decisions.

 

[scylla]

So my husband is in the process of applying for all the permits etc. for him to go over and start work in Canada. However, I'm currently awaiting paperwork from my Lawer with regards to a divorce.
His immigration agent advised him to once he does the application for his PR to add myself and our daughter on the paperwork. Then said that after he has been in Canada for 2 years and received his PR, my daughter and I have to fly to Canada, activate our PR and then we can return to SA.

My questions are as follows:
1. Do we have to be married still in order for this to be legal?
2. Will he be able to refuse my daughter return to SA with me?
3. Will this still be an option should we divorce before he receives his PR?

I just need some advice before making any life changing decisions.

1. Yes, you must still be married and not separated in order for this to be legal. If you file for a divorce, what you will be doing will not be legal and you'll be committing misrepresentation / immigration fraud.
2. If you have full custody of your child awarded through the courts, then no. Otherwise yes.
3. No.

 

[canuck78]

So my husband is in the process of applying for all the permits etc. for him to go over and start work in Canada. However, I'm currently awaiting paperwork from my Lawer with regards to a divorce.
His immigration agent advised him to once he does the application for his PR to add myself and our daughter on the paperwork. Then said that after he has been in Canada for 2 years and received his PR, my daughter and I have to fly to Canada, activate our PR and then we can return to SA.

My questions are as follows:
1. Do we have to be married still in order for this to be legal?
2. Will he be able to refuse my daughter return to SA with me?
3. Will this still be an option should we divorce before he receives his PR?

I just need some advice before making any life changing decisions.

If you are separated he does not qualify to sponsor you on his WP. You should change immigration consultants because they are giving advice to commit immigration fraud. He does need to include your daughter on his application. If you both apply based on misrepresentation your statuses will always be at risk. When your spouse attempts to apply for PR and then citizenship and you haven’t been living together or either of you enter into another relationship it will be very clear that you are misrepresenting yourselves. From WP to getting citizenship that is around 10 years and multiple opportunities for it to be discovered that you haven’t been in a relationship this entire time.

Would add that if your ex does try to commit immigration fraud and sponsor you while you are no longer in a relationship he would not be able to sponsor another spouse for 3 yrs from when you got PR.

 

[BarnardSA]

If you are separated he does not qualify to sponsor you on his WP. You should change immigration consultants because they are giving advice to commit immigration fraud. He does need to include your daughter on his application. If you both apply based on misrepresentation your statuses will always be at risk. When your spouse attempts to apply for PR and then citizenship and you haven’t been living together or either of you enter into another relationship it will be very clear that you are misrepresenting yourselves. From WP to getting citizenship that is around 10 years and multiple opportunities for it to be discovered that you haven’t been in a relationship this entire time.

Would add that if your ex does try to commit immigration fraud and sponsor you while you are no longer in a relationship he would not be able to sponsor another spouse for 3 yrs from when you got PR.

Just to clarify, we are still living together, we are not separated as of yet. He is doing everything possible to keep it legal, and is definitely not misrepresenting himself.
I'm just concerned about my daughter.

 

[YVR123]

Just to clarify, we are still living together, we are not separated as of yet. He is doing everything possible to keep it legal, and is definitely not misrepresenting himself.
I'm just concerned about my daughter.

It's still misrepresenting if your relationship has already been broken. You are staying "married" for immigration purpose.
Your daughter can be his dependent and become PR regardless of your marriage status. He can include her as dependent and she will need to go through medical exam...etc. You will need to sign form to allow him to bring your daughter to Canada with him. (if that's what you want to happen)

 

[canuck78]

Just to clarify, we are still living together, we are not separated as of yet. He is doing everything possible to keep it legal, and is definitely not misrepresenting himself.
I'm just concerned about my daughter.

As others have said you need to still together because you are happy to be a relationship not delaying to try and secure immigration. What you are suggesting is immigration fraud because the relationship is over and you plan on separating. Change consultants because they are providing incorrect advice. Misrepresentation has longterm serious consequences. In situations like this misrepresentation could even lead to losing citizenship after you’ve received because you would have obtained OWP, PR and citizenship based on the misrepresentation. Based on processing times you are looking at years to get PR and even longer to get citizenship. IRCC will look into your background for PR and citizenship and it would almost be impossible to keep up the ruse that you’re actually in a relationship. If either of have plan to get married again or enter into a serious longterm relationship that won’t be possible if you are trying to misrepresent your relationship status.

 

[BarnardSA]

Let's say we manage to reconcile the relationship and not go through with the divorce, in advance to submitting any of his application forms. (Non of the paperwork has even been started with)
Is it possible for him to apply as an individual, go to Canada, obtain his PR and work for the required amount of time, and then have my daughter and myself come over? Or does he have to add us on the application from the start?

 

[scylla]

Let's say we manage to reconcile the relationship and not go through with the divorce, in advance to submitting any of his application forms. (Non of the paperwork has even been started with)
Is it possible for him to apply as an individual, go to Canada, obtain his PR and work for the required amount of time, and then have my daughter and myself come over? Or does he have to add us on the application from the start?

You need to be included in his original PR application as either acompanying or non-accompanying dependents.

 

[BarnardSA]

You need to be included in his original PR application as either accompanying or non-accompanying dependents.

As accompanying dependents, do we need to be in Canada from the start or is there an option of joining him later, obtain our PR and then return to SA for an amount of time to sort out our affairs and then go back to Canada?
I apologize for all the questions, but this is new territory for me, and unfortunately, I'm one of those people that like to have all the facts and answers in advance, especially with life changing decisions.

 

[canuck78]

As accompanying dependents, do we need to be in Canada from the start or is there an option of joining him later, obtain our PR and then return to SA for an amount of time to sort out our affairs and then go back to Canada?
I apologize for all the questions, but this is new territory for me, and unfortunately, I'm one of those people that like to have all the facts and answers in advance, especially with life changing decisions.

Yes you can do this but not Necessarily that simple. You will have to land before COPR expires for both of you or else he would have to respond or both of you. The fact that you haven’t lived together throughout his time inCanada will be noted and you may be asked to explain why you are never living together and for proof hat you are in a relationship. There are no guarantees that you’ll all have PR in 2 years. You could still need to provide extra proof that you are still together if you didn’t come with him to Canada. If you didn’t even attempt to relocate to Canada that will seem very unusual. Most families want to live together. If your ex spouse wants to get remarried his new relationship and when it started will be examined. Even up to citizenship application IRCC can look back and question whether you were you in a relationship from when your spouse was applied for a WP to citizenship and when did the relationship ended. If you never lived together and if either of you started a relationship close to when you got PR (before or afterwards) there will be questions about the validity of your marriage. The plan you are suggesting would make everyone put their longterm plans like getting remarried, dating, etc. on hold for many years which may not be a compromise that everyone wants to make.

 

[BarnardSA]

Yes you can do this but not Necessarily that simple. You will have to land before COPR expires for both of you or else he would have to respond or both of you. The fact that you haven’t lived together throughout his time inCanada will be noted and you may be asked to explain why you are never living together and for proof hat you are in a relationship. There are no guarantees that you’ll all have PR in 2 years. You could still need to provide extra proof that you are still together if you didn’t come with him to Canada. If you didn’t even attempt to relocate to Canada that will seem very unusual. Most families want to live together. If your ex spouse wants to get remarried his new relationship and when it started will be examined. Even up to citizenship application IRCC can look back and question whether you were you in a relationship from when your spouse was applied for a WP to citizenship and when did the relationship ended. If you never lived together and if either of you started a relationship close to when you got PR (before or afterwards) there will be questions about the validity of your marriage. The plan you are suggesting would make everyone put their longterm plans like getting remarried, dating, etc. on hold for many years which may not be a compromise that everyone wants to make.

Well, we are still married and he himself is still in SA, we are still at the start of this whole process. I would just like to have an option to stay a bit longer this side for my Mother's sake, considering her age and the distance I know that once I board that plane, it might be the last time I ever get to spend with her, and she with my daughter. I know I should not let emotion influence this decision. But let's be honest a girl's mother is her best friend, and the emotion will be part of any decision.

 

[canuck78]

Well, we are still married and he himself is still in SA, we are still at the start of this whole process. I would just like to have an option to stay a bit longer this side for my Mother's sake, considering her age and the distance I know that once I board that plane, it might be the last time I ever get to spend with her, and she with my daughter. I know I should not let emotion influence this decision. But let's be honest a girl's mother is her best friend, and the emotion will be part of any decision.

Being married but no longer being in a relationship will actually be considered differently than married. IRCC is aware that people live separate lives and are no longer in a relationship but delay filing for divorce for immigration reasons. Sponsorship is for reunification purposes of the family. If you don’t intend to live together as a family then your relationship can be questioned. Instead of immigration fraud you should be trying to qualify to immigrate on your own. We see examples like this and then one spouse wants to get remarried and the timelines of the true relationships come out exposing fraud.

 

[BarnardSA]

First of all, thank you to each and every one that gave advise. By God's grace we reconciled and are working on our relationship & marriage together, with more honesty and openness.

I do have another question, his immigration agent said she needs a form signed by me basically giving him permission to go over to Canada in order to submit his applications, is this a normal form? (He will be applying for everything as a single entry, with the possibility of my daughter and myself joining him later but with separate applications.) She is also asking him for proof of a job offer in SA should he have to return for some reason from Canada.

 

[scylla]

I do have another question, his immigration agent said she needs a form signed by me basically giving him permission to go over to Canada in order to submit his applications, is this a normal form?

This doesn't make any sense. The form must be for something else.

He doesn't need your permission to go to Canada. He can go without your permission.

 

[YVR123]

First of all, thank you to each and every one that gave advise. By God's grace we reconciled and are working on our relationship & marriage together, with more honesty and openness.

I do have another question, his immigration agent said she needs a form signed by me basically giving him permission to go over to Canada in order to submit his applications, is this a normal form? (He will be applying for everything as a single entry, with the possibility of my daughter and myself joining him later but with separate applications.) She is also asking him for proof of a job offer in SA should he have to return for some reason from Canada.

either of this makes sense.
Never heard of that form unless it's showing that he's legally separated or you are signing something to allow him to take your daughter with him without you being part of it. Read any document carefully, this doesn't sound right.
And for him applying as a single person also doesn't make sense. (that's actually the wrong term. Once he's married, he can only be separated or divorced. He cannot be single again.)

Unless he is applying for a visitor visa, the job offer in SA also doesn't make sense. This agent has something weird going on. Hopefully, she is not a scammer. So many things she told you don't sound right.
e.g. Then said that after he has been in Canada for 2 years and received his PR, my daughter and I have to fly to Canada, activate our PR and then we can return to SA. There is no such process.... There are so many steps inbetween that's missed. And he is only getting a work permit (I assume) now so what is the PR stream that he planned to apply for? He will not just "recived his PR" after 2 years.