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Divorce after becoming PR

Discussion in 'Settlement Issues' started by deadbird, Jul 8, 2017.

  1. Cross posting from EE sub forum.

    My wife and I jointly applied for an EE application, and we recently became landed Canadian PRs. However, it looks like we are headed for divorce. While this completely sucks, since we had planned a life together in Canada, I would like to be clear about the immigration ramifications of a possible divorce.

    More details:
    - We did a short landing and both of us are presently living in the US.
    - I did not sponsor her, but we applied together where I was the principal applicant and she was my spouse.

    Questions:
    - Is either of our PR status going to be affected by a divorce?
    - Is it likely that when we go up for PR renewal/citizenship our application will me marked for secondary inspection?
    - If yes to either of the above questions, is there a certain time frame after becoming PRs that it is safe to get a divorce?

    Thanks
    Deadbird
     
  2. Others will comment but once you are PRs makes no difference whether you stay married or not given your PR status is an individual responsibility to keep and maintain. Same goes for qualifying for citizenship each individual needs to qualify in their own right so being divorced once PRs has no impact it is just a sad fact of life.
     
  3. IMO since you're now a PR, so it does not matter. Just make sure your divorce decree clearly states its a no fault divorce, so that later down the line you don't get an objection on your citizenship application.
     
  4. To add to this for later on obviously make sure you keep all your own documentation secure, PR documents, marriage and ultimately divorce paperwork given often when going through a divorce dividing things up documentation can go unintentionally missing, just saying.
     
  5. I am under the impression that unless there is a direct connection to sponsorship or special conditions, this should not prove an issue. If you want to make absolutely sure however I would suggest that you have a conversation with an immigration lawyer asap.

    In addition you should combine that conversation with a divorce lawyer. When immigrating to another country (even with only PR status) there are potentially some fairly significant jurisdictional issues at play. Which court will grant your divorce? (Canadian court or some other court) This will have a potentially dramatic impact on the divorce settlement and division of assets. Canadian law can be unexpected when it comes to things such as this. In some cases they may not even uphold foreign prenups. Had to redo mine when I landed in Canada.

    Very complicated issue.

    Be wise to get proper legal advice as soon as possible.
     
    mpsqra likes this.
  6.  
  7. Thanks @legalfalcon

    Would you happen to know what is involved in registering the divorce in Canada if the divorce is finalized in the US?

    Also, for PR renewal, there is no concept of primary and dependent applicants after divorce right?
     

  8. Since you will get diverted as per US law, you need not enter anything in Canada as you were not married in Canada. As an express entry applicant your PR is not conditional, and as long as they is no issue with you getting married for the sole purpose of getting into Canada, you are all good.

    When its time to renew your PR card, just fill the required form and apply. Thats is is, you need not mention the dependents etc. However, your UCI number may be the same as the primary applicant in EE application.
     
  9. My husband and I applied for immigration in Canada, we'll get our PR card very soon. We've been to Canada just a month ago. My husband is the principal applicant. If we get divorced, does this affect my PR? Will i still have PR in Canada?
     
  10. Hi

    1. Has no effect on your PR if you emigrated under skilled worker
     
  11. My ex-wife was in Canada on a work visa when we got married.Before her work visa expired we both applied for PR through express entry ,she was the principle applicant and i was dependent applicant. After we got our PR she existed Canada and reentered as PR and i came from Pakistan as PR .We got married in Pakistan and unfortunately got divorced through Pakistani law system.Now i am in Canada living here as PR and planning to get married from Pakistan.Will there be any issue in sponsoring my spouse to become PR in Canada?
     
  12. How long were you married before you applied for PR? How many days did you spend together after you landed and became PR? How long after did you divorce?
     
  13. If he got married without divorcing you, he committed the crime of bigamy. You can file a police complaint in India. You can probably also file a case in Canada, though I'm not sure how that goes and you should talk to a lawyer here.

    If you can prove that he got married before he was legally divorced, his second marriage is not legal and he will not be able to sponsor his spouse.

    You should talk to a lawyer.
     
  14. When he tries to sponsor her, he will be asked for his marriage certificate and his divorce decree. If the dates on those documents prove that he got married before he got divorced, IRCC won't let him sponsor his spouse in any case.
     
  15. A marriage doesn't have to be registered to be legal. Under Indian law, a marriage conducted by a socially accepted ceremony/method is as valid as a marriage conducted before a magistrate/court marriage. Registering the marriage simply makes it easier to deal with paperwork.. but your marriage starts the day you get married in whatever way is acceptable in your community. It doesn't start the day you get it registered.

    You have to talk to a lawyer in India. This will honestly come down to your resources and ability to fight him in India. If you don't have the ability to fight this case, you may want to figure out what you really want and what you can afford.

    You really need to talk to a lawyer in Canada and get his/her advice, and then figure out how you can contact a lawyer in India (and whether you want to).

    What are you trying to get out of this? Are you trying to protect yourself, or are you trying to go after your ex?

    If you are already divorced, or close to being divorced, you may want to cut your losses and move on with your life in peace. However, obviously this is a personal decision.
     

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