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Divorce after becoming PR

pchalla

Full Member
Feb 27, 2015
41
5
CANADA
Category........
CEC
NOC Code......
0631
Job Offer........
Yes
App. Filed.......
18-04-2017
AOR Received.
18-04-2017
Med's Done....
04-05-2017
A marriage doesn't have to be registered to be legal. Under Indian law, a marriage conducted by a socially accepted ceremony/method is as valid as a marriage conducted before a magistrate/court marriage. Registering the marriage simply makes it easier to deal with paperwork.. but your marriage starts the day you get married in whatever way is acceptable in your community. It doesn't start the day you get it registered.

You have to talk to a lawyer in India. This will honestly come down to your resources and ability to fight him in India. If you don't have the ability to fight this case, you may want to figure out what you really want and what you can afford.

You really need to talk to a lawyer in Canada and get his/her advice, and then figure out how you can contact a lawyer in India (and whether you want to).

What are you trying to get out of this? Are you trying to protect yourself, or are you trying to go after your ex?

If you are already divorced, or close to being divorced, you may want to cut your losses and move on with your life in peace. However, obviously this is a personal decision.
okay thanks
 

Vishnutorres

Member
Dec 7, 2018
16
1
Since you will get diverted as per US law, you need not enter anything in Canada as you were not married in Canada. As an express entry applicant your PR is not conditional, and as long as they is no issue with you getting married for the sole purpose of getting into Canada, you are all good.

When its time to renew your PR card, just fill the required form and apply. Thats is is, you need not mention the dependents etc. However, your UCI number may be the same as the primary applicant in EE application.
Hello everyone.
I applied into express entry as a family and I was the PR.
After a while things go hard with my wife.
She left home after few weeks I received the golden mail and in the same time a divorce procedure was in progress.
I updated my proof of founds and the papers of court and send them.
I'm really worried...plz any advice.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi

Hello everyone.
I applied into express entry as a family and I was the PR.
After a while things go hard with my wife.
She left home after few weeks I received the golden mail and in the same time a divorce procedure was in progress.
I updated my proof of founds and the papers of court and send them.
I'm really worried...plz any advice.
1. Remove her from the application.
 
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legalfalcon

VIP Member
Sep 21, 2015
19,038
9,896
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hello everyone.
I applied into express entry as a family and I was the PR.
After a while things go hard with my wife.
She left home after few weeks I received the golden mail and in the same time a divorce procedure was in progress.
I updated my proof of founds and the papers of court and send them.
I'm really worried...plz any advice.
If you have sent the documents, it will take time for IRCC to remove your spouse from the application and a new COPR will be generated. What IRCC is concerned here is that the divorce has been finalised or has the potential of it being a finality.

If you have shown court filings of the divorce proceedings you are good. You will however have to wait it out.
 
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Vishnutorres

Member
Dec 7, 2018
16
1
If you have sent the documents, it will take time for IRCC to remove your spouse from the application and a new COPR will be generated. What IRCC is concerned here is that the divorce has been finalised or has the potential of it being a finality.

If you have shown court filings of the divorce proceedings you are good. You will however have to wait it out.
Hi
plz how long ? Few weeks?thanks for your answer.
 

legalfalcon

VIP Member
Sep 21, 2015
19,038
9,896
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Hi
plz how long ? Few weeks?thanks for your answer.
It will depend on your case and the VO. If there are no criminal cases, then you re looking at 1-3 months at NDVO.
 
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vmanojk123

Full Member
Aug 3, 2018
44
2
My ex wife is just delaying my divorce for past two years. I hv applied for PR. Hopefully whenever it comes, can i file a divorce case against here when i land in canada? How much time do i need to wait after landing in canada. I hv lived separately from her for past two years, will that count while filing divorce in canada or i have to wait for a year specifically in canada to prove separation. In my IRCC application, i hv applied as “separated”.

Any help on above 3 questions is deeply deeply appreciated. Please share your thoughts.
 

21Goose

VIP Member
Nov 10, 2016
5,247
1,615
AOR Received.
Feb 2017
Yes, you can file a case here in Canada. However, you need to be separated here for a year before you do that - and your two years separated in your home country won't count.

I'm not absolutely certain about the two years not counting since I'm not a family lawyer, happy to be corrected by someone else.
 

vmanojk123

Full Member
Aug 3, 2018
44
2
Yes, you can file a case here in Canada. However, you need to be separated here for a year before you do that - and your two years separated in your home country won't count.

I'm not absolutely certain about the two years not counting since I'm not a family lawyer, happy to be corrected by someone else.
Ok.. not sure of the legal aspect of it. Is the fact of any help that as per my application i am already “separated”?