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[Nikhil1010]

Dd

 

[legalfalcon]

I had a query. My friend is in a certain situation. They, that is the husband & wife ( primary & secondary applicant respectively) have unfortunately decided to separate while their PR application is almost processed. Since for a mutual divorce they need to stay separate for 6 months before they can get the divorce certificate he is figuring out the best way forward for himself at this point. Wife isnt keen on going to Canada at all.

1. Can he submit only his passport for the COPR single entry visa? (Will it raise an issue that secondary candidate wife hasnt submitted passport)

2. Can the immigration officer have any issues that wife not accompanying during landing.

3. Should he inform CIC at this point itself with the divorce petition receipt which they will recieve on applying for a divorce which activates the 6 month separation period. Is that petition good enough for CIC to process his PR smoothly or will they hold it back till he gets the proper divorce certificate 6 months later?

Note: CRS points are not decreasing of the primary applicant by removing the wife, infact it increases by 1 point (in relation to the draw cut off primary had recieved ITA)
@legalfalcon please guide
Thanks!

1. No. If the family composition changes, it is an obligation of the PA to inform IRCC.

2. No.

3. A well drafted LoE with the proof that the divorce petition has been filed can be sent to remove the souse from the application. The current COPR will be cancelled and a new one will be issued after the criminality and determination of the documents is done.

 

[Mike@2019]

I had a query. My friend is in a certain situation. They, that is the husband & wife ( primary & secondary applicant respectively) have unfortunately decided to separate while their PR application is almost processed. Since for a mutual divorce they need to stay separate for 6 months before they can get the divorce certificate he is figuring out the best way forward for himself at this point. Wife isnt keen on going to Canada at all.

1. Can he submit only his passport for the COPR single entry visa? (Will it raise an issue that secondary candidate wife hasnt submitted passport)

2. Can the immigration officer have any issues that wife not accompanying during landing.

3. Should he inform CIC at this point itself with the divorce petition receipt which they will recieve on applying for a divorce which activates the 6 month separation period. Is that petition good enough for CIC to process his PR smoothly or will they hold it back till he gets the proper divorce certificate 6 months later?

Note: CRS points are not decreasing of the primary applicant by removing the wife, infact it increases by 1 point (in relation to the draw cut off primary had recieved ITA)
@legalfalcon please guide
Thanks!

I guess it may be an issue if he had submitted a joint fund with her as POF.

 

[Nikhil1010]

1. No. If the family composition changes, it is an obligation of the PA to inform IRCC.

2. No.

3. A well drafted LoE with the proof that the divorce petition has been filed can be sent to remove the souse from the application. The current COPR will be cancelled and a new one will be issued after the criminality and determination of the documents is done.

Thanks a lot @legalfalcon

 

[Nikhil1010]

I guess it may be an issue if he had submitted a joint fund with her as POF.

No, all of the POF is his account, none of the wife

 

[legalfalcon]

Thanks a lot @legalfalcon

So in my opinion the best option would be that if he can convince her to submit her passport as well with his to VFS for the single entry COPR now

He lands alone in Canada and gets his PR card. And then 6-7 months later (around July) he can update CIC about his separation with a copy of his divorce certificate.

Kindly guide if this sounds right to you

And then he lands alone in Canada

If you land in Canada, there is no need to inform, as by then the application is approved and closed.

 

[canuck_in_uk]

Thanks a lot @legalfalcon

So in my opinion the best option would be that if he can convince her to submit her passport as well with his to VFS for the single entry COPR now. Paralely, file for mutual divorce immediately

He lands alone in Canada and gets his PR card. And then 6-7 months later he can update CIC about his separation with a copy of his divorce certificate he will be able to obtain then

Kindly guide if this sounds right to you

That is immigration fraud. They have decided to divorce, therefore the wife is NOT a dependent and must be removed.

 

[k.h.p.]

They must inform IRCC of the decision to divorce. They cannot continue to process PR as a married couple while actively divorcing. If the husband lands as a married person while knowing he is divorced that is marriage fraud.

 

[Nikhil1010]

They must inform IRCC of the decision to divorce. They cannot continue to process PR as a married couple while actively divorcing. If the husband lands as a married person while knowing he is divorced that is marriage fraud.

Calling it Fraud is bit too farfetched at this stage. We are trying to reconcile them, they are upset, distraught all of that jazz.
Also simply because if they hey do go ahead and file for a divorce in a week or two and then the official marriage certificate would be recieved by him only post 7 months and he is due to get his golden mail anytime now.

So to inform now to CIC,he has no document, thus he will be treated as a married man logically right?
Also, instead of rolling out his PPR mail, IRCC will delay his file further.

 

[k.h.p.]

If they have decided to divorce allow the PR application to continue as if they are married is fraud.

 

[canuck_in_uk]

Calling it Fraud is bit too farfetched at this stage. We are trying to reconcile them, they are upset, distraught all of that jazz.
Also simply because if they hey do go ahead and file for a divorce in a week or two and then the official marriage certificate would be recieved by him only post 7 months and he is due to get his golden mail anytime now.

So to inform now to CIC,he has no document, thus he will be treated as a married man logically right?
Also, instead of rolling out his PPR mail, IRCC will delay his file further.

No, not far-fetched. You stated that they plan to divorce.

IRCC won't treat him as married if he informs them that he is now legally separated and planning to divorce.