Change of Marital Status during Application Process

[SlyDigits]

Hi @legalfalcon and @caipsnotes I had a question.

So a friend of mine applied for FSW - Express Entry in 2020 (Feb AOR) - he was being accompanied by his wife and their CRS total cleared the cutoff with their combined scores - individually, neither would qualify.

He's been married for about 6-years but is heading towards a mutual-divorce now. His application is in progress right now and he was wondering whether filing a divorce petition (even though the divorce-process will take 1.5 years after filing the petition) will affect their application.

Basically, he wants to know:

• At what stage of his application's progress can he file his divorce petition?
  • Will filing a divorce petition (granting a divorce takes about 1.5 years) lead to a cancellation of his application or deem the information submitted as incorrect?
• If he file his initial divorce petition now and gets PR status before the divorce is granted, then can both he and his wife move to Canada while their divorce is still in process here in India?
  • And once divorce is granted in India, they will file for a divorce in Canada too - is that possible?
• Finally, will being granted a divorce in Canada - as PRs - affect either of their statuses as PRs?

Not sure if it matters but they have no kids.

Thank you once again.

 

[Copingwithlife]

“He's been married for about 6-years but is heading towards a mutual-divorce now”

If they proceed with a PR application as married when as you put it, heading towards a mutual divorce, it’s call immigration fraud , simple as that

You are for some reason fixated on the time frame , it’s not relevant. The relationship has broken down

 

[SlyDigits]

“He's been married for about 6-years but is heading towards a mutual-divorce now”

If they proceed with a PR application as married when as you put it, heading towards a mutual divorce, it’s call immigration fraud , simple as that

Yes, but legally is a petition for divorce the same as a divorce? Petitions can be withdrawn at any point. Divorce has a time-limit.

 

[legalfalcon]

Hi @legalfalcon I had a question.

So a friend of mine applied for FSW - Express Entry in 2020 (Feb AOR) - he was being accompanied by his wife and their CRS total cleared the cutoff with their combined scores - individually, neither would qualify.

He's been married for about 6-years but is heading towards a mutual-divorce now. His application is in progress right now and he was wondering whether filing a divorce petition (even though the divorce-process will take 1.5 years after filing the petition) will affect their application.

Basically, he wants to know:

• At what stage of his application's progress can he file his divorce petition?
  • Will filing a divorce petition (granting a divorce takes about 1.5 years) lead to a cancellation of his application or deem the information submitted as incorrect?
• If he file his initial divorce petition now and gets PR status beforethe divorce is granted, then can both he and his wife move to Canada while their divorce is still in process here in India?
  • And once divorce is granted in India, they will file for a divorce in Canada too - is that possible?
• Finally, will being granted a divorce in Canada - as PRs - affect either of their statuses as PRs?

Not sure if it matters but they have no kids.

Thank you once again.

1. If the application has passed eligibility, and the marital status changes, the CRS score is not recalculated. When the applicant informs IRCC, the application is revised and the spouse will be removed or added, as the case may be. The application is not cancelled due to change of marital status change.

2. If the divorce petition has been filed, the applicant has to inform IRCC. If they decide to get a divorce after they move to Canada, that is different. The Divorce is always initiated and granted where the parties reside, or where the defendant reside. This is called territorial jurisdiction of the courts. Once the divorce is granted, most countries will recognise it.

3. No, see 2.

 

[SlyDigits]

1. If the application has passed eligibility, and the marital status changes, the CRS score is not recalculated. When the applicant informs IRCC, the application is revised and the spouse will be removed or added, as the case may be. The application is not cancelled due to change of marital status change.

2. If the divorce petition has been filed, the applicant has to inform IRCC. If they decide to get a divorce after they move to Canada, that is different. The Divorce is always initiated and granted where the parties reside, or where the defendant reside. This is called territorial jurisdiction of the courts. Once the divorce is granted, most countries will recognise it.

3. No, see 2.

Thank you @legalfalcon. Not sure if they have passed eligibility or not.

So if they file the petition now, and get divorced in 1.5 years' time, and inform IRCC that they are filing their divorce petition, will filing the petition adversely affect their application outcome?

EDIT: You also mentioned "The Divorce is always initiated and granted where the parties reside, or where the defendant reside. This is called territorial jurisdiction of the courts. Once the divorce is granted, most countries will recognise it."

Does that mean they can file for a divorce in Canada before filing it in India?

I created the same post in the Express Entry section - Please feel free to delete that. I couldn't find the option to do that.

 

[legalfalcon]

Thank you @legalfalcon. Not sure if they have passed eligibility or not.

So if they file the petition now, and get divorced in 1.5 years' time, and inform IRCC that they are filing their divorce petition, will filing the petition adversely affect their application outcome?

EDIT: You also mentioned "The Divorce is always initiated and granted where the parties reside, or where the defendant reside. This is called territorial jurisdiction of the courts. Once the divorce is granted, most countries will recognise it."

Does that mean they can file for a divorce in Canada before filing it in India?

I created the same post in the Express Entry section - Please feel free to delete that. I couldn't find the option to do that.

When a divorce is filed, the applicant can inform IRCC that a divorce case has been initiated and provide the filing proof and the court order sheets as proof. At this stage IRCC will hold the application and after adequate due diligence will remove the dependent spouse. If the divorce is by mutual consent, it does not take 1.5 years. Not sure where you get this info from.

You only have to file a divorce once, be it in India or Canada, depending on where the parties reside. In Canada, the spouses should have lived in Canada for a full year immediately before making an application for divorce if the marriage happened outside Canada under the laws of another country.

Once the divorce is granted, you DO NOT need to file it again anywhere as the marriage is over and divorce granted. Canada accepts foreign divorces as long as they were legally granted and were not obtained by fraud or by denial of natural justice.

I cannot delete someone else's post, only forum admins can. However, under the post you have an option to edit and delete it.

 

[SlyDigits]

When a divorce is filed, the applicant can inform IRCC that a divorce case has been initiated and provide the filing proof and the court order sheets as proof. At this stage IRCC will hold the application and after adequate due diligence will remove the dependent spouse. If the divorce is by mutual consent, it does not take 1.5 years. Not sure where you get this info from.

You only have to file a divorce once, be it in India or Canada, depending on where the parties reside. In Canada, the spouses should have lived in Canada for a full year immediately before making an application for divorce if the marriage happened outside Canada under the laws of another country.

Once the divorce is granted, you DO NOT need to file it again anywhere as the marriage is over and divorce granted. Canada accepts foreign divorces as long as they were legally granted and were not obtained by fraud or by denial of natural justice.

I cannot delete someone else's post, only forum admins can. However, under the post you have an option to edit and delete it.

Thank you @legalfalcon. I got the 1.5 years from Indian laws - apparently in India you need to be separate for a year after filing one motion and then for another 6-months, before divorce is granted. In Canada, like you said, its 1-year.

Thank you for your responses. Hopefully this will be helpful.

 

[caipsnotes]

Hi @legalfalcon and @caipsnotes I had a question.

So a friend of mine applied for FSW - Express Entry in 2020 (Feb AOR) - he was being accompanied by his wife and their CRS total cleared the cutoff with their combined scores - individually, neither would qualify.

He's been married for about 6-years but is heading towards a mutual-divorce now. His application is in progress right now and he was wondering whether filing a divorce petition (even though the divorce-process will take 1.5 years after filing the petition) will affect their application.

Basically, he wants to know:

• At what stage of his application's progress can he file his divorce petition?
  • Will filing a divorce petition (granting a divorce takes about 1.5 years) lead to a cancellation of his application or deem the information submitted as incorrect?
• If he file his initial divorce petition now and gets PR status beforethe divorce is granted, then can both he and his wife move to Canada while their divorce is still in process here in India?
  • And once divorce is granted in India, they will file for a divorce in Canada too - is that possible?
• Finally, will being granted a divorce in Canada - as PRs - affect either of their statuses as PRs?

Not sure if it matters but they have no kids.

Thank you once again.

Hi there, thanks for reaching out. Do see you have received input.

 

[Moving2candaNow]

Hi all,
I’ve a similar situation where my wife has already filed the petition and a registration number has been generated but we have put it on hold after asking our attorney.
As there is no scope of reconciliation and I being the primary applicant, I want t get her removed from the application.
What should I do.
thanks.