Divorce and remarry before applying for EE

[Jibihi]

I am hoping to apply for EE soon. I am single with a child. I am done writing IELTS and my ECA is in progress. Now, the father of my child is a divorcee and we are planning to get married. The divorce is not finalized yet and we are hoping it is done before I get my ECA. Now I am thinking of applying as a single mother then maybe add him later (when we are married) after AOR or post ITA or should I just wait till his divorce is finalized and then marry and apply as married from the beginning of the application? Also, would he need to show proof that he is divorced or that’s in the past and doesn’t concern the EE application?

 

[Jibihi]

Anyone please

 

[LifeDreamer]

You should be married before ITA and still be eligible (the CRS changes after including your husband). Yes you will need to include documentation about the divorce.

 

[Jibihi]

Thanks but I am not the one who has been married before it’s my to-be-husband would they ask if one has been divorced before? Even when he is not the principal applicant? The divorce is taking long that is why I am thinking of entering the pool now and adding him later when we get married and probably by then, it would be after I have received ITA

 

[LifeDreamer]

Yes, even if he isn't the prinicipal applicant you still need to include documentation for the divorce as well as your previous marriage with him. Documentation will be needed for everything and for everyone included in your application or counted as a family member.

You are free to create an EE profile now. However keep in mind that if invited, and you decide to include your husband after ITA but before applying, you will need to show that your new calculated CRS still sits above the cutoff score for the same invitation round in which you were selected, or your application will be rejected. If you include your husband after applying you will have to send in update about marriage, provide documentation for him as well as criminal/medical checks but they will not be included in PR. You will have to apply to sponsor him again after landing.

Be advised that applying by yourself and then including him later will not speed things up in anyway as all background checks must be completed before granting the visas. They will not count the time you waited before adding your husband, rather it will be as if starting anew.

 

[Jibihi]

Okay but we were never married, I have never been married, we only have a child together, however he was previously married to someone else and they are undergoing a divorce process now. So I am saying if I add him later would they ask if he has been divorced before? And we need to show proof of that? Or they are not concerned with that since I would be the PA? Or would he need to bring the info of the divorce he completed with his previous marriage?

 

[ts123]

I'm not sure if this will help you...

Are you common-law? (under Canadian law, not the country you are from. i.e. you have lived together for at least 12 months?)

If so, you can apply as a common-law couple, even though he is not divorced. Just submit the relevant common law documentation, together with a notarised ISP 1811 form (Statutory Declaration - Separation of Legal Spouses or Common-law Partners) for his previous relationship. Explain the situation in an LoE. His ex does not have to be involved at all.

I've done this and it worked - got PR, no questions asked. (my common law partner was still legally married to his ex, but they had been separated for years).