after getting PR card, divorce issue, does it make any impact?

[CANADA DREAMZ]

im secondary applicant, my spouse is PA, we have some complications with our relationship, after getting PR card, we are planning for divorce, does it impact on my citizenship, will there be any problem

 

[canuck_in_uk]

You need to inform CIC of the relationship breakdown and be removed from the app. Landing as a PR by virtue of being married to the PA when you are planning to get a divorce right after means you will be obtaining your PR status by fraud.

 

[CANADA DREAMZ]

You need to inform CIC of the relationship breakdown and be removed from the app. Landing as a PR by virtue of being married to the PA when you are planning to get a divorce right after means you will be obtaining your PR status by fraud.

what is the solution, can i independently remain in canada and eligible for citizenship

 

[canuck_in_uk]

If you are eligible for PR independently, then you can apply. If not, you have no way to legally become a PR and stay in Canada.

 

[cempjwi]

im secondary applicant, my spouse is PA, we have some complications with our relationship, after getting PR card, we are planning for divorce, does it impact on my citizenship, will there be any problem

When you become a PR under family class (that is, you married a canadian or pr of canada), you have a 2yr cohabitation rule that applies for applications files after oct 25th 2012. The PR status is conditionally given for 2 years, after which period the couple needs to submit proof that they are still together to have the conditions lifted.

However, for the FSW program you need to check whether any conditions apply to you because this is not the same case. I do not believe there are any conditions applicable after landing.

Changes on civil status do not affect citizenship. Citizenship is not dependent of that (unless you break marriage law).

This is from the http://www.cicnews.com/ website:

My spouse and I received Canadian Permanent Residency. He was the principle applicant, and I am his dependent. If we were to split up or get divorced, would I lose my Permanent Residency? While we do not comment on specific cases, in general terms if civil status changes (ex. divorce) before landing in Canada as a Permanent Resident it should be reported to Canadian immigration authorities, and it may affect eligibility. After landing, Permanent Residents are treated individually and a change in civil status would not normally make a difference. - See more at: http://www.cicnews.com/2012/08/canadian-immigration-questions-answers-attorney-david-cohen-4-081719.html#sthash.I1T254Sz.dpuf

 

[Leon]

If you are already separated and 100% going to get divorced, you should inform the visa office and see what happens. In that case, they may want to cancel your visa and remove you from the application based on that you are no longer a dependent of your spouse. In that case, you will not get your PR.

If you are not already separated and just having problems that might result in a divorce or reconciliation depending on the situation, then there is no change in your marital status yet that you can report. You do not have to report to immigration every time you have an argument with your spouse. If that is the case, you can land and see what happens. Maybe you will reconcile but even if you don't, there are no consequences.

As you are immigrating together and not being sponsored, there is no 2 year probation on your PR. You must however have lived in Canada for at least 1 year before you can ask for divorce.

 

[cempjwi]

im secondary applicant, my spouse is PA, we have some complications with our relationship, after getting PR card, we are planning for divorce, does it impact on my citizenship, will there be any problem

I noticed you received your visa but you have not landed yet. As a dependent, you cannot land before the principal applicant. Your spouse must land first then you or you must do it at the same time. Prior to issuing your visa you must have received a questionnaire that, among other questions, asks about if you have plans to divorce. I am assuming you both responded 'no' to that question; had you responded 'yes' you probably would not have been issued your visa. If you plan to land regardless, you must do it together or your spouse before you, as I said - otherwise you will not be allowed to land. In Canada, you will not be granted a divorce unless you have been separated for one year.

 

[CANADA DREAMZ]

i think i have to contact immigration lawyer in canada, many queries are cleared in forum, but this issue is jigsaw puzzle, the clear picture i will get it in canada only, however, we havent divorced yet, but still there is love and hate relationship exist between us, you know womens brain how it works.

 

[Leon]

I believe you said your wife is pregnant so she might not be feeling well and so that would not help. If you end up being on such terms that you land with your wife to help her with the baby and decide to explore the relationship further, you would have no need for an immigration lawyer because you are already PR at that point.

Are you currently separated from your wife? Has she said that she wants a divorce and will move to Canada and have the baby alone? It will not be easy in a new country with a baby. She can get child tax benefit but it's not that much. She is not going to get maternity benefits because she hasn't worked in Canada yet.

 

[CANADA DREAMZ]

I believe you said your wife is pregnant so she might not be feeling well and so that would not help. If you end up being on such terms that you land with your wife to help her with the baby and decide to explore the relationship further, you would have no need for an immigration lawyer because you are already PR at that point.

Are you currently separated from your wife? Has she said that she wants a divorce and will move to Canada and have the baby alone? It will not be easy in a new country with a baby. She can get child tax benefit but it's not that much. She is not going to get maternity benefits because she hasn't worked in Canada yet.

true leon, she is pregnant, my relationship with my wife is good, but the root cause of major hurdles are my in laws, whatever they are teaching boomerang that is impacting my relationship, so its going good at the moment, but cant say what will happen next, we havent landed yet, we both dont have any job in canada, after landing we start apply for jobs, she is into 5th month, delivery date 15 april 2016, too much time, too many expenses, lot of stress to me, how can i manage financial things, that too its winter season, we are having first touch of white snow in our life time, so hopefully everything will be alright

 

[8Hannah8]

true leon, she is pregnant, my relationship with my wife is good, but the root cause of major hurdles are my in laws, whatever they are teaching boomerang that is impacting my relationship, so its going good at the moment, but cant say what will happen next, we havent landed yet, we both dont have any job in canada, after landing we start apply for jobs, she is into 5th month, delivery date 15 april 2016, too much time, too many expenses, lot of stress to me, how can i manage financial things, that too its winter season, we are having first touch of white snow in our life time, so hopefully everything will be alright

I don't think she has high chances to be hired on her 5th month of pregnancy (if the belly is visible) to be honest. Employers would see it as an attempt to be on mat leave at their expense. So be ready to be a breadwinner for couple of years.
Well your in-laws would have less influence on both of you overseas... In general, immigration is a great way to test your relationships.

 

[Lammawitch]

i think i have to contact immigration lawyer in canada, many queries are cleared in forum, but this issue is jigsaw puzzle, the clear picture i will get it in canada only, however, we havent divorced yet, but still there is love and hate relationship exist between us, you know womens brain how it works.

as FSW principal applicant, you wife must land in Canada first, or at the same time as you.

Once landed, even if your wife was the principal applicant, you have PR in your own right.

I hope your wife & you can resolve the problems you are having - whether that means you stay together or end up divorcing - but if my understanding of your situation is correct, a separation/divorce won't affect your PR *after* you land in Canada.

If your wife no longer wishes to go to Canada, or you & she are formally separated before landing, there is nothing you can do other than reapply for PR in your own right. Contacting a lawyer won't change that.

However you think women's brains work, that has no effect on how immigration works.

 

[nikosyozzer]

I think people are misunderstanding the question.

From what I read, the question being asked is:

Both wife (main applicant when they applied) and husband (secondary applicant) have gained their PR cards via the express entry.

Unfortunately they are now going through a bad pitch and it looks like they may divorce.

Now as both have a PR card, should they divorce, will it effect the status of the husband.

My answer is to always ask this question to an attorney however if you both have a PR card then you both are Canadian Residents and should you both split or divorce then you both are still Permanent Residents and can still live and work in Canada.

 

[Leon]

I think people are misunderstanding the question.

From what I read, the question being asked is:

Both wife (main applicant when they applied) and husband (secondary applicant) have gained their PR cards via the express entry.

Unfortunately they are now going through a bad pitch and it looks like they may divorce.

Now as both have a PR card, should they divorce, will it effect the status of the husband.

My answer is to always ask this question to an attorney however if you both have a PR card then you both are Canadian Residents and should you both split or divorce then you both are still Permanent Residents and can still live and work in Canada.

It is an old thread but he is asking actually before landing and the case is before landing, if he is already separated from his wife and they are getting a divorce, they should actually let immigration know about a change in family composition which again may lead to the PR visa being cancelled of the one of them who is a dependent on the application.

However, if a separation or divorce happens after they land as PR's, then nothing is affected because after landing, they are both PR's in their own right.

This is however not the case when someone who is already PR sponsors a spouse. In that case, if they have been in a relationship or married less than 2 years and have no children, the sponsored spouse will get condition 51 on their COPR and they must live together for at least 2 years after the spouse getting PR. Otherwise the sponsored spouse would risk losing their PR.

 

[Nisso]

I feel so bad , about my situation , I want to ask about my 14 years old son , he can't renew his PR card ? is there any way that he could renew his PR card? And I want to ask again if the government gave license to this consultant , and he told us he is authorized from the government , where is my mistake here when I trusted him? The government must help the victims of fraud and give them another chance by watching them all the way , not to punish them because they trusted an authorized consultant .