Divorce after becoming PR

[scylla]

Already, thank you so much Scylla for the information! I hope it is correct because lot of people say no matter how you got your PR if it was through your spouse you cannot sponsor another spouse for next 5 years neither your spouse from the date you both got PR.

But to my understanding since, we both were temporary and the sponsorship application is only when one of the spouse is PR, I don't think we fall under that category. Although, it is very tough to clarify as the CIC website does not mentions anything about this situation it only highlight ineligible points to be a sponsor if the application for PR was through sponsorship and nothing about if both the applicants get PR at the same time with one being dependent.

The five year rule only applies if you were sponsored through family sponsorship. This would mean that your spouse was a PR first - and then later sponsored you for PR.

You obtained PR at the same time through PNP based on your post. This means the five year rule does not apply.

 

[pskamboj97]

Would add that you an only count the last 2 months if you were living together and have proof that you were living together like both names on a lease, utility bills with your names on it, other bills or mail with your names on it. You can’t just say you lived together you must prove it.

Yes, we both moved in together and have addresses changed on our driver licenses, bank accounts, and health cards. Moving forward will open up a joint account as well to prove our marriage is general. It is unfortunate that my marriage broke but in eyes of immigration they think people do it just for the sake of PR.

Anyways, I was just too afraid because I don't want my bf to leave and hopefully we can make up a good living together if he gets approved for the open work permit as well during the PR sponsorship application. I also, heard that inland spousal sponsorships could take up to a year to be finalized compared to if your spouse is outside of the country, in which case it only takes about 6 months.

 

[pskamboj97]

The five year rule only applies if you were sponsored through family sponsorship. This would mean that your spouse was a PR first - and then later sponsored you for PR.

You obtained PR at the same time through PNP based on your post. This means the five year rule does not apply.

Yes, exactly and that is what I was trying to make my bf understand LOL

Yes, my ex applied under PNP he got approved, then we both got married while I was on a visitor visa here in Canada and he included me in his application for PR as a dependent. So I think none of us signed the sponsorship agreement forms and didn't even applied under family class or spousal sponsorship application.

Try to contact CIC buy their phone never connects, frustrating as hell haha...

 

[Tayo01]

@legalfalcon I need urgent advice. I am currently a PR applicant (FSW), AOR October 2020. My husband and son are my dependants in the application but I no longer wish to travel with him should my application be successful. It is obvious to me he is only waiting to get this PR from me as the relationship is not going well anymore. I have not done any legal thing but I have indicated that I am separating and will eventually divorce him. We leave in different countries too. What can I do? I don't want things to get messy after PR is approved and also don't want this to affect my application.
Please note again that I don't have any documentation or ongoing separation process yet. Anyone with advice? @legalfalcon

 

[legalfalcon]

@legalfalcon I need urgent advice. I am currently a PR applicant (FSW), AOR October 2020. My husband and son are my dependants in the application but I no longer wish to travel with him should my application be successful. It is obvious to me he is only waiting to get this PR from me as the relationship is not going well anymore. I have not done any legal thing but I have indicated that I am separating and will eventually divorce him. We leave in different countries too. What can I do? I don't want things to get messy after PR is approved and also don't want this to affect my application.
Please note again that I don't have any documentation or ongoing separation process yet. Anyone with advice? @legalfalcon

In the absence of any legal documentation, you can inform IRCC that you are separated and provide evidence and request that your spouse be removed from your application. It will then be at the discretion of the officer.

Alternatively, you can even change the status of your sposue from accompanying to non-accompanying.

 

[Tayo01]

In the absence of any legal documentation, you can inform IRCC that you are separated and provide evidence and request that your spouse be removed from your application. It will then be at the discretion of the officer.

Alternatively, you can even change the status of your sposue from accompanying to non-accompanying.

In the absence of any legal documentation, you can inform IRCC that you are separated and provide evidence and request that your spouse be removed from your application. It will then be at the discretion of the officer.

Alternatively, you can even change the status of your sposue from accompanying to non-accompanying.

Thank you @legalfalcon
What can I use as evidence of separation? I live in another country and can't travel for now to do any legal processing.

And changing from accompanying to non-accompanying might be an easier option but how do I make this change in my application? How can I change this?

 

[legalfalcon]

Thank you @legalfalcon
What can I use as evidence of separation? I live in another country and can't travel for now to do any legal processing.

And changing from accompanying to non-accompanying might be an easier option but how do I make this change in my application? How can I change this?

Changing from accompanying to non-accompanying would be the easiest option.

As regards evidence for separation, that will depend on your country of residence, where the marriage is registered and finally if IRCC considers it.

 

[canuck78]

Thank you @legalfalcon
What can I use as evidence of separation? I live in another country and can't travel for now to do any legal processing.

And changing from accompanying to non-accompanying might be an easier option but how do I make this change in my application? How can I change this?

You need to send a webform to IRCC about your desire to change your husband’s status to non-accompanying. You must do so before you land. I would include information that you are separating and plan on filing for divorce.

 

[dashenjia]

No effect, and no effect, though you've just found out you've been cheated on and you're already planning on who you want to sponsor next . Whatever , no and no

Hi, I have a similar situation. I just got PR as dependent after my wife applied through the new TR to PR stream. But right now we are about to go through the separation process. Will this affect my PR status since she was the principal applicant? If she contact IRRC to cancel my Pr on purpose. We married two years ago.

 

[cansha]

Hi, I have a similar situation. I just got PR as dependent after my wife applied through the new TR to PR stream. But right now we are about to go through the separation process. Will this affect my PR status since she was the principal applicant? If she contact IRRC to cancel my Pr on purpose. We married two years ago.

She can't get your PR cancelled.

 

[canadian3489]

@21Goose, Hello. i have a question regarding citizenship and divorce status, as i want to apply for citizenship and was wondering if its possible to apply on separated status or no? since its an individual application and we havent applied for divorce yet, will i need a documentation proof of being separated?

 

[YVR123]

@21Goose, Hello. i have a question regarding citizenship and divorce status, as i want to apply for citizenship and was wondering if its possible to apply on separated status or no? since its an individual application and we havent applied for divorce yet, will i need a documentation proof of being separated?

Did you look at the citizenship application yet? You are fine to apply as your current marital status. If you legally seperated, then provid that. If you don't have doucmentation proof, then you can't provide what you do not have.

 

[canadian3489]

Thankyou for your reply, i dont have proof other than CrA status update of marital status, as i was told its not needed since we dont have children or property assets.