5 year ban question & question about divorced after getting pr

[buymicrosoft]

I met my girlfriend online in 2019/12. I cannot go to Canada in 2020 because of Covid-19. She came back to China in 2020 and now she is in Canada.

Her background is:
1. Registered Nurse, bachelor of Nursing
2. Study as an international student from 2009
3. Met her Ex (he got pr of Canada with his parents) in 2013 and common law relationship
4. 2016 married with her ex
5. Applied for spouse sponsorship visa in 2017/12 and after that they break up in 2018/04
6. 2018/09 she got pr and landed
7. 2019/04 her ex sent divorce application and 2019/09 they got the divorce certificate

My questions are:
1. If she renew the pr or apply sponsorship visa for me, does she have risk on her pr? They break up before she got pr (no evidence and immigration office does not know this ) and they divorced in 2019/04. The divorce certificate means they separated before she got pr.
2. If she apply sponsorship visa for me must we apply after 2023/09? Can we do anything else before this date? I have valid Canada 10 years tourist visa right now. She is in Canada from 2022/06. I can only stay in Canada through tourist visa or study permit? Currently I do not have study plan so that I have to enroll a course in Canada to stay. May I apply for visit record to stay in Canada for longer than half year.
3. What about the rate of success if she apply sponsorship visa for me?


Thank you for your help!

 

[scylla]

I met my girlfriend online in 2019. I cannot go to Canada in 2020 because of Covid-19. She came back to China in 2020.

Her background is:
1. Registered Nurse, bachelor of Nursing 2. Study as an international student from 2009 3. Met her Ex (he got pr of Canada with his parents)in 2013 and common law relationship 4. 2016 married with her ex 5. Applied for spouse sponsorship visa in 2017 and after that they break up in 2017 6. 2018/09 she got pr and they went to the office together 7. 2019/03 her ex made divorce application and 2019/09 they got the divorce certificate

My questions are:
1. If she renew the pr or apply sponsorship visa for me, does she have risk on her pr? They break up before she got pr (no evidence and immigration office does not know this ) and they divorced in 2019/03. The divorce certificate means they separated before she got pr.
2. If she apply sponsorship visa for me must we apply after 2023/09? Can we do anything else before this date? If she go back to Canada in 2022 I can only stay in Canada through tourist visa or study permit. Currently I do not have study plan so that I have to enroll a course in Canada to stay.
3. What about the rate of success if she apply sponsorship visa for me?


Thank you for your help!

1. She will have no issues renewing her PR card as long as she meets the residency obligation. She will not be able to submit an application to sponsor you for PR until 2023/09. The fact they submitted the divorce application on 2019/03 is a problem. You have to be legally separated for one full year before you can apply for divorce in Canada. This means it's pretty clear they were separated before she landed in Canada and became a PR.
2. Yes, you have to wait five years have passed before she can submit the application to sponsor you for PR. No, you can't start this process earlier. Yes, you can apply for a TRV or study permit although there are of course no guarantees either would be approved.
3. Impossible to say. She obtained her PR faudulently and it's possible IRCC might figure this out. She will need to submit her divorce paperwork as part of the application to sponsor you.

 

[fashiontart]

I would also note that as a PR, she has to be living in Canada in order to sponsor you (when she eventually might be allowed to). I wasn't clear on your original post that maybe you two are living in China together? She absolutely has to reside IN Canada to sponsor.

 

[buymicrosoft]

1. She will have no issues renewing her PR card as long as she meets the residency obligation. She will not be able to submit an application to sponsor you for PR until 2023/09. The fact they submitted the divorce application on 2019/03 is a problem. You have to be legally separated for one full year before you can apply for divorce in Canada. This means it's pretty clear they were separated before she landed in Canada and became a PR.
2. Yes, you have to wait five years have passed before she can submit the application to sponsor you for PR. No, you can't start this process earlier. Yes, you can apply for a TRV or study permit although there are of course no guarantees either would be approved.
3. Impossible to say. She obtained her PR faudulently and it's possible IRCC might figure this out. She will need to submit her divorce paperwork as part of the application to sponsor you.

Thank you for your help!

 

[buymicrosoft]

I would also note that as a PR, she has to be living in Canada in order to sponsor you (when she eventually might be allowed to). I wasn't clear on your original post that maybe you two are living in China together? She absolutely has to reside IN Canada to sponsor.

Thank you for your reply. She is in Canada right now and I will go to Canada in later time this year.

 

[buymicrosoft]

1. She will have no issues renewing her PR card as long as she meets the residency obligation. She will not be able to submit an application to sponsor you for PR until 2023/09. The fact they submitted the divorce application on 2019/03 is a problem. You have to be legally separated for one full year before you can apply for divorce in Canada. This means it's pretty clear they were separated before she landed in Canada and became a PR.
2. Yes, you have to wait five years have passed before she can submit the application to sponsor you for PR. No, you can't start this process earlier. Yes, you can apply for a TRV or study permit although there are of course no guarantees either would be approved.
3. Impossible to say. She obtained her PR faudulently and it's possible IRCC might figure this out. She will need to submit her divorce paperwork as part of the application to sponsor you.

So you think she can renew her PR card in 2023/09 but mostly she cannot sponsor me after 2023/09, right?

 

[scylla]

So you think she can renew her PR card in 2023/09 but mostly she cannot sponsor me after 2023/09, right?

She definitely cannot sponsor you before 2023/09.

If she tries to sponsor you after 2023/09, there is a risk to her PR status based on the dates of when her divorced was filed. She obtained PR through fraud. That is a big problems.

 

[buymicrosoft]

She definitely cannot sponsor you before 2023/09.

If she tries to sponsor you after 2023/09, there is a risk to her PR status based on the dates of when her divorced was filed. She obtained PR through fraud. That is a big problems.

So how do we fix this case if I cannot study in Canada and get PR through EE. She is a RN right now and she is able to immigrant herself. So do we have any solution to let her spouse me successfully.

 

[scylla]

So how do we fix this case if I cannot study in Canada and get PR through EE. She is a RN right now and she is able to immigrant herself. So do we have any solution to let her spouse me successfully.

She obtained PR through fraud. So my recommendation is that she never sponsor a spouse or common law partner for PR. If she does, the fraud may be uncovered and her PR status may be at risk.

You should get PR on your own through an economic immigration program like Express Entry or PNP. If you can't do this, then you and her have to decide if you are going to take the risk and have her sponsor you for PR. There is no good solution because there was fraud involved. She has to live with the consequences of doing that.