Sumon,
You have now made the total situation a Hotchpotch but there is always a chance for wives to be legally separated, accidental/normal death and eventually leaving you alone to go to Canada for the first time. has your EMS letter been delivered to the recipient? you can track it from here http://www.speedpost.com.sg/ with the tracking number.
Here is what I have analysed about your issue.
According to section 77 of the Immigration and Refugee Protection Act, the principal applicant must meet the criteria for permanent residency as a skilled worker both at the time of filing the application and at the time that the visa is issued.
This is extended to the time of port of entry examination, according to s. 51 of the Immigration and Refugee Protection Regulations. Section 51 says that a foreign national who holds a permanent resident visa and is seeking to become a permanent resident must, at the time of their examination,
(a) inform the Visa officer if:
* (i) the foreign national has become a spouse or common-law partner or has ceased to be a spouse, common-law partner or conjugal partner after the visa was issued, or
* (ii) material facts relevant to the issuance of the visa have changed since the visa was issued or were not divulged when it was issued; and
(b) establish that they and their family members, whether accompanying or not, meet the requirements of the Act and these Regulations.
This rule is emphasized in the Operation Manual for Port of Entry Examinations. The manual says that when an applicant in possession of a permanent resident visa applies to become a permanent resident at a port of entry, the roles of the Border Services Officer at Immigration Secondary is to:
- ‘confirm that the applicant's marital, common-law, or family status has not changed since the issuance of the permanent resident visa' and
- ‘confirm that the applicant and their family members (whether accompanying or not) still meet the requirements of the class of permanent residents under which the permanent resident visa was issued.'
According to a CIC Call Centre Agent, all of this means that if an applicant‘s spouse or common-law partner is no longer accompanying them, then any points that they may have received for their adaptability cannot be counted.
When the principal applicant comes in for landing - the officers will verify that everything is the same as when the application was approved.
If it is not, the border officer will file a report and a decision will be made.
Under these circumstances, your visa would also not be valid, as upon arriving at the port of entry, you would have to disclose that you are no longer a spouse of the principal applicant.
I hope you score more than >=67 without your spouse.
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