Divorce and custody pending - how does it affect application

[lj0911]

Hi there

I've been in a divorce and custody battle (in India) for a few years and hoping to get my divorce and custody of my child over the next few months. However, I'd like to start the process of applying for my PR and I'm also talking to potential companies in Canada who would be willing to hire/sponsor me and my child (although I haven't revealed my legal situation yet). My question is 2 fold -

• If a company is willing to sponsor my work visa, will they need my divorce and custody certificates? Does my marital status have anything to do with getting a work permit?
  
• In order to proceed with my PR application, how does my situation affect the process?

 

[dotslash227]

Hi there

I've been in a divorce and custody battle (in India) for a few years and hoping to get my divorce and custody of my child over the next few months. However, I'd like to start the process of applying for my PR and I'm also talking to potential companies in Canada who would be willing to hire/sponsor me and my child (although I haven't revealed my legal situation yet). My question is 2 fold -

• If a company is willing to sponsor my work visa, will they need my divorce and custody certificates? Does my marital status have anything to do with getting a work permit?
  
• In order to proceed with my PR application, how does my situation affect the process?

1. Nopes.
2. It doesn't. You will apply as a single applicant and you will be treated as any other applicant who has been single/unmarried, in terms of eligibility. However, you will need to provide your divorce documents (or proceedings that it is in process), which I don't think is a big deal. Second, if you don't get sole custody of your child, you won't be able to take your child with you as dependant PR unless authorised by your ex-spouse.

 

[lj0911]

1. Nopes.
2. It doesn't. You will apply as a single applicant and you will be treated as any other applicant who has been single/unmarried, in terms of eligibility. However, you will need to provide your divorce documents (or proceedings that it is in process), which I don't think is a big deal. Second, if you don't get sole custody of your child, you won't be able to take your child with you as dependant PR unless authorised by your ex-spouse.

Thanks for the prompt reply! Really appreciate it.

If the company is willing to sponsor my work permit and my daughter as a dependent, then I'll need to show that I'm her sole guardian/custodian, right? Because if I'm going to work there, I'm going to be taking her with me as well.
For the PR, I think I'll need to apply as separated and I can provide documents that show that I'm in court. But I'm thinking worst case scenario, if I don't get my divorce decree, does that make me ineligible? Or will I still be granted the PR?