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Application for permanent residency & divorce

Moon&Stars

Newbie
Sep 11, 2020
2
0
Myself and my husband are not yet permanent residents of Canada. We are currently applying together however he will be the main applicant but he wants to separate as things are not going well between us. Will this affect our application? Should we stay together? And if we work things out but after a few years he wants to divorce would we do it in Canada or our home country?
 

primaprime

VIP Member
Apr 6, 2019
3,390
883
If you get divorced he has to update IRCC to remove you from the application. If he doesn't and you come to Canada together despite no longer being married, both of you can have your PR revoked with at least a 5 year ban for misrepresentation.

If you end up staying together and later get divorced in Canada, then you can keep PR, but of course you don't want to misrepresent yourselves to IRCC about your marital status at any point during the application process.
 
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Moon&Stars

Newbie
Sep 11, 2020
2
0
If you get divorced he has to update IRCC to remove you from the application. If he doesn't and you come to Canada together despite no longer being married, both of you can have your PR revoked with at least a 5 year ban for misrepresentation.

If you end up staying together and later get divorced in Canada, then you can keep PR, but of course you don't want to misrepresent yourselves to IRCC about your marital status at any point during the application process.

What if we divorce after 1 year of being in Canada and didn't receive PR yet. Will this effect either of us being in Canada?
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
You mention that things are not going well and that he has asked to separate. Are you still living together and living like a normal married couple? If you are not living like a married couple anymore you will be misrepresenting your marriage status which could end up being an issue. If you are separated your spouse should be informing CIC about the change in your marital status.
 

Copingwithlife

VIP Member
Jul 29, 2018
3,939
1,903
Earth
Myself and my husband are not yet permanent residents of Canada. We are currently applying together however he will be the main applicant but he wants to separate as things are not going well between us. Will this affect our application? Should we stay together? And if we work things out but after a few years he wants to divorce would we do it in Canada or our home country?
He asked you for a separation, this is way beyond the “ Things aren’t going well “ stage
Should you stay together ? You should be asking your partner that , the one that wants to get out of the relationship
If you are staying together for the sole purpose of immigration that would be as noted ; fraud