divorce after aor

[sam adams]

Hi @legalfalcon,

I have submitted my application under CEC PA inland with outland dependent category this year. On call with IRCC call center on June 30th, i got to know that all stages have passed and the application is awaiting final decision.

Unfortunately i am in a situation of filing divorce .This process will take some time and as my spouse is outland , my application is also not getting approved.

Could you please provide suggestions on how to approach the application process as I want my application to be processed and also have scope of sponsoring someone in future without any changes of rejection.

Should i remove dependent from my application now? or wait for PR confirmation and then take some action ( as divorce filling will take time). Will this jeopardize any future chances of spousal sponsorship.

TIA

 

[k.h.p.]

You need to inform IRCC that the divorce is starting. They will want proof of separation but they will eventually also want proof of divorce. You need to do this to be able to sponsor someone in the future - do not, in any circumstances, land as married when you have begun to get divorced.

 

[sam adams]

What will happen if i get the landing email before the divorce begins. What will be the procedure to cancel the dependent PR confirmation?
Will that impact any future sponsorship?
Is there a way to change the marital status once you are PR?

TIA

 

[k.h.p.]

What will happen if i get the landing email before the divorce begins. What will be the procedure to cancel the dependent PR confirmation?
Will that impact any future sponsorship?
Is there a way to change the marital status once you are PR?

TIA

Once you have landed, you cannot "cancel" a dependent's PR confirmation plus you would be misrepresenting if you did not inform IRCC that you were getting divorced. This would possibly impact future sponsorship.

Theoretically, if you landed and the other person did not land, their COPR could expire and they would need to re-apply. However, if you landed they could always land.

If you got divorced after becoming PR but did not bother to tell IRCC, your ex-spouse could still become a PR.

If you are getting divorced you need to inform IRCC. It is a change in the family and is required to be reported.

 

[legalfalcon]

Hi @legalfalcon,

I have submitted my application under CEC PA inland with outland dependent category this year. On call with IRCC call center on June 30th, i got to know that all stages have passed and the application is awaiting final decision.

Unfortunately i am in a situation of filing divorce .This process will take some time and as my spouse is outland , my application is also not getting approved.

Could you please provide suggestions on how to approach the application process as I want my application to be processed and also have scope of sponsoring someone in future without any changes of rejection.

Should i remove dependent from my application now? or wait for PR confirmation and then take some action ( as divorce filling will take time). Will this jeopardize any future chances of spousal sponsorship.

TIA

If your family composition changes you have to inform IRCC and provide proof. If the divorce has not been granted, then you can submit the court filings.

 

[sam adams]

Thank you for your responses.

@legalfalcon ,@k.h.p. ,

What will be procedure if i decide to start filing divorce after becoming a PR. Is there a way to inform IRCC about change in marital status after becoming a PR and will i be eligible for spousal sponsorship in future after remarrying?

TIA

 

[k.h.p.]

You're at a point in the relationship where you know that the relationship is ending. To continue your spouse on your application as a dependent accompanying you is flying very close to misrepresentation.

 

[legalfalcon]

Thank you for your responses.

@legalfalcon ,@k.h.p. ,

What will be procedure if i decide to start filing divorce after becoming a PR. Is there a way to inform IRCC about change in marital status after becoming a PR and will i be eligible for spousal sponsorship in future after remarrying?

TIA

If you become a PR, your application is closed and there is nothing that you have to inform IRCC. The only issue you will have to deal with is where to file a divorce, in Canada or the country where the marriage is registered, which is a family law matter and depends on where the parties live.

 

[sam adams]

Hi @legalfalcon ,

I got mutual divorced filled. It will take around 6 months to 1 year to receive the decree. I have received the certified court copy of the divorce petition.
Can you please if i can remove dependent from my application (CEC Inland + Outland dep).

1. If yes, What are the documents i need to submit for IRCC to complete processing of my application?
All my stages (Eligibility, Criminality, Security, Medical, Info sharing etc) are Passed , the file is on hold because my dependent is outland.

2. How do I submit documents to IRCC?

3. Is there any format of LOE you can help me with to update IRCC?

Thank you in advance

 

[canuck78]

Hi @legalfalcon ,

I got mutual divorced filled. It will take around 6 months to 1 year to receive the decree. I have received the certified court copy of the divorce petition.
Can you please if i can remove dependent from my application (CEC Inland + Outland dep).

1. If yes, What are the documents i need to submit for IRCC to complete processing of my application?
All my stages (Eligibility, Criminality, Security, Medical, Info sharing etc) are Passed , the file is on hold because my dependent is outland.

2. How do I submit documents to IRCC?

3. Is there any format of LOE you can help me with to update IRCC?

Thank you in advance

Don’t think you’ll be able to remove your spouse from the application with only filing for divorce. Would suggest changing them to non-accompanying dependent if removing them from your application is not possible and include proof of the divorce filing. Send the request and a copy of your divorce filing via webform. Do not land until changes to your application have been made.

 

[sam adams]

@canuck78 Do i need to provide any other document other than divorce petition ,to make spouse as non accompanying?. Is there a format of letter of explanation you can help with?