Divorce Before Permanent Residency is Granted

[Charles_Kaplan]

I'm fairly sure that I know the answer to this question, but I'll ask all the same:

I am married to a Canadian woman and have been going through the process of being sponsored for permanent residency. We have lived together in Canada for almost four years. My application seems to be in the final stages, since they've sent letters asking for clarification on a few things and sent my wife a letter saying that her application to sponsor me has been approved (which I believe means that providing I don't turn out to be a terrorist when they check my application it should be good). I was also given a work permit that runs out later this year (which I believe I may be able to renew if my PR application takes longer.) Since coming to Canada we have had a son, who is a Canadian citizen.

My wife and I have been going through a difficult patch for some time and divorce is becoming a very real possibility. I would like to know what can happen if we separate before my PR is granted? I know that in most cases I would have to leave, but is the fact that I have a child sufficient reason for me to be able to remain? I would want to still be a very active part of his life. What about the fact that I have a job here? If we did separate, how feasible is it to lie about still being together? Are unannounced home visits from CIC a real concern? Can they even enter your home without a warrant?

(Yes, I will be consulting a lawyer, but I just wanted to get opinions first.)

 

[Bcboundboy]

I'm fairly sure that I know the answer to this question, but I'll ask all the same:

I am married to a Canadian woman and have been going through the process of being sponsored for permanent residency. We have lived together in Canada for almost four years. My application seems to be in the final stages, since they've sent letters asking for clarification on a few things and sent my wife a letter saying that her application to sponsor me has been approved (which I believe means that providing I don't turn out to be a terrorist when they check my application it should be good). I was also given a work permit that runs out later this year (which I believe I may be able to renew if my PR application takes longer.) Since coming to Canada we have had a son, who is a Canadian citizen.

My wife and I have been going through a difficult patch for some time and divorce is becoming a very real possibility. I would like to know what can happen if we separate before my PR is granted? I know that in most cases I would have to leave, but is the fact that I have a child sufficient reason for me to be able to remain? I would want to still be a very active part of his life. What about the fact that I have a job here? If we did separate, how feasible is it to lie about still being together? Are unannounced home visits from CIC a real concern? Can they even enter your home without a warrant?

(Yes, I will be consulting a lawyer, but I just wanted to get opinions first.)

If your relationship breaks down before you get PR, then getting PR off the strength of your (no longer extant) relationship would be immigration fraud. If it breaks down after you get PR and you do not have condition 51 attached (or C51 gets repealed), then you have nothing to worry about.

Your child is not a reason for you to stay after your sponsorship has failed. Your child may later be able to sponsor you, depending on many other factors.

As you said - get a lawyer.