Divorce while PR application in process - How to remove dependent spouse from application

[Trupti_Desai]

Hi All,

We had submitted our PR application last year(AOR Oct 2020) and right now we are undergoing a divorce. I would like to know how I can remove my spouse from the PR application.

Please note that due to COVID I do not have any valid visa to travel back to my country and complete the DIVORCE paperwork. Also, the matter of fact is we never lived together after the marriage. It has been more than 2 years since we are in this long-distance situation.

We have mutually decided to get separated and he is not keen to come to Canada now.

1) Can I change his status as non-accompanying with this reasoning?
2) Since there is no paperwork that I can present to IRCC, how can I remove my spouse from my application?

Will this impact my PR application in any way?

I appreciate your help.

Thank you,
Trupti

 

[Trupti_Desai]

tagging @legalfalcon for help.

 

[ceceh]

You might be able to change to non-accompanying but before you formalize and finalize the "legal" divorce process, you can't be considered divorced and remove your partner from it.
This will impact your application processing time, it will be considered complex and might take much longer to be processed.

 

[legalfalcon]

Hi All,

We had submitted our PR application last year(AOR Oct 2020) and right now we are undergoing a divorce. I would like to know how I can remove my spouse from the PR application.

Please note that due to COVID I do not have any valid visa to travel back to my country and complete the DIVORCE paperwork. Also, the matter of fact is we never lived together after the marriage. It has been more than 2 years since we are in this long-distance situation.

We have mutually decided to get separated and he is not keen to come to Canada now.

1) Can I change his status as non-accompanying with this reasoning?
2) Since there is no paperwork that I can present to IRCC, how can I remove my spouse from my application?

Will this impact my PR application in any way?

I appreciate your help.

Thank you,
Trupti

If you have already filed for divorce, you can inform IRCC via webform of the change of family composition due to divorce and provide the paperwork for the same. If you are separated, i.e. you have not yet commenced the legal proceedings, then too you can change your spouse from accompanying to non accompanying.

Before you can remove your spouse from the application, IRCC will ask for proof of divorce, either a judgment or a copy of the commencement of proceedings.

It will not impact your application.

 

[Trupti_Desai]

You might be able to change to non-accompanying but before you formalize and finalize the "legal" divorce process, you can't be considered divorced and remove your partner from it.
This will impact your application processing time, it will be considered complex and might take much longer to be processed.

Thank you for your reply.

Are you saying that if I declare my spouse as non-accompanying then it'll mark my application as complex? My application is all passed right now and is on hold as my spouse is outland. if I declare him non-accompanying then we'll it take a long time?

 

[Trupti_Desai]

If you have already filed for divorce, you can inform IRCC via webform of the change of family composition due to divorce and provide the paperwork for the same. If you are separated, i.e. you have not yet commenced the legal proceedings, then too you can change your spouse from accompanying to non accompanying.

Before you can remove your spouse from the application, IRCC will ask for proof of divorce, either a judgment or a copy of the commencement of proceedings.

It will not impact your application.

If you have already filed for divorce, you can inform IRCC via webform of the change of family composition due to divorce and provide the paperwork for the same. If you are separated, i.e. you have not yet commenced the legal proceedings, then too you can change your spouse from accompanying to non accompanying.

Before you can remove your spouse from the application, IRCC will ask for proof of divorce, either a judgment or a copy of the commencement of proceedings.

It will not impact your application.

Thank you for your reply.

If I declare my spouse as non accompanying then do I need to tell actual reason (i.e. a probable divorce)?

Also, considering everything has passed in my application, will changing my spouse as non accompanying one, prolong my application timeline?

 

[legalfalcon]

Thank you for your reply.

If I declare my spouse as non accompanying then do I need to tell actual reason (i.e. a probable divorce)?

Also, considering everything has passed in my application, will changing my spouse as non accompanying one, prolong my application timeline?

IF you inform divorce, you will be asked for the documents. If you have not yet filed, you can inform IRCC as separated.

Under the Canadian law, "separated" means that you have been living apart from your spouse or common-law partner because of a breakdown in the relationship for a period of at least 90 days and you have not reconciled.

Depending on the country of your residence where your marriage is registered, the laws my not recognise separated.

Also, irrespective of whether you are separated or not, for IRCC to remove your spouse from your application, you will need to submit a divorce order or court filings that the divorce has been initiated.

 

[Trupti_Desai]

IF you inform divorce, you will be asked for the documents. If you have not yet filed, you can inform IRCC as separated.

Under the Canadian law, "separated" means that you have been living apart from your spouse or common-law partner because of a breakdown in the relationship for a period of at least 90 days and you have not reconciled.

Depending on the country of your residence where your marriage is registered, the laws my not recognise separated.

Also, irrespective of whether you are separated or not, for IRCC to remove your spouse from your application, you will need to submit a divorce order or court filings that the divorce has been initiated.

thank you again.

I have decided to declare my spouse as non-accompanying as I am inside Canada and I would like to get my PR first.

Since we have not started divorce proceedings yet, I believe I am doing the right thing.

Now, is there any impact of this on my application timeline? if I declare my spouse non-accompanying will it increase my application timeline?

 

[legalfalcon]

thank you again.

I have decided to declare my spouse as non-accompanying as I am inside Canada and I would like to get my PR first.

Since we have not started divorce proceedings yet, I believe I am doing the right thing.

Now, is there any impact of this on my application timeline? if I declare my spouse non-accompanying will it increase my application timeline?

As such it should not since you have already provided your spouses documents.

 

[Trupti_Desai]

Thank you @legalfalcon I really appreciate your help.

one last question - in my application everything is approved actually, it is ON HOLD because my spouse is outland right now.

So as soon as I declare him non-accompanying I believe 1 or 3 months should be a sufficient timeframe to get my COPR?

Also, would you be able to suggest some reasonable reasons for the non-accompanying spouse?

 

[legalfalcon]

Thank you @legalfalcon I really appreciate your help.

one last question - in my application everything is approved actually, it is ON HOLD because my spouse is outland right now.

So as soon as I declare him non-accompanying I believe 1 or 3 months should be a sufficient timeframe to get my COPR?

Also, would you be able to suggest some reasonable reasons for the non-accompanying spouse?

As per the Immigration and Refugee Protection Act:

16 (1) A person who makes an application must answer truthfully all questions put to them for the purpose of the examination and must produce a visa and all relevant evidence and documents that the officer reasonably requires.

Providing incorrect or misleading information can lead to misrepresentation.

Why you are changing your spouse from accompanying to non-accompanying is not based on what others provide as the reason, instead it should be based on your individual circumstances and must be stated truthfully.

Also, as per the Canadian Criminal Code, section 21:

• 21 (1) Every one is a party to an offence who
  • (a) actually commits it;
  • (b) does or omits to do anything for the purpose of aiding any person to commit it; or
  • (c) abets any person in committing it.

As per Immigration and Refugee Protection Act:

• 24 (1) Every person commits an offence who
  • (a) contravenes a provision of this Act for which a penalty is not specifically provided or fails to comply with a condition or obligation imposed under this Act;
  • (b) escapes or attempts to escape from lawful custody or detention under this Act; or
  • (c) employs a foreign national in a capacity in which the foreign national is not authorized under this Act to be employed.
  • 
    

 

[Trupti_Desai]

As per the Immigration and Refugee Protection Act:



Providing incorrect or misleading information can lead to misrepresentation.

Why you are changing your spouse from accompanying to non-accompanying is not based on what others provide as the reason, instead it should be based on your individual circumstances and must be stated truthfully.

Also, as per the Canadian Criminal Code, section 21:

• 21(1) Every one is a party to an offence who
  • (a) actually commits it;
  • (b) does or omits to do anything for the purpose of aiding any person to commit it; or
  • (c) abets any person in committing it.

As per Immigration and Refugee Protection Act:

• 24(1) Every person commits an offence who
  • (a) contravenes a provision of this Act for which a penalty is not specifically provided or fails to comply with a condition or obligation imposed under this Act;
  • (b) escapes or attempts to escape from lawful custody or detention under this Act; or
  • (c) employs a foreign national in a capacity in which the foreign national is not authorized under this Act to be employed.

thank you for your guidance @legalfalcon

I agree it has to be truthful information and based on my personal circumstances.

The reason I asked that question because I wanted to know based on the reason we provide(i.e. I am planning to give COVID 19, we have decided to defer the travel to ensure safety), what all proofs we may be required to present.

 

[Trupti_Desai]

@legalfalcon
Apologies to bother you again.

Reading my thread again I realised, I have considered situation with divorce.

At the moment myself and my spouse we are having differences that we are resolving. Now, we would like to take some time to resolve those differences. If I give this reason to IRCC that due to the differences we have we have decided that my spouse will not accompany me to Canada then will they put my application on hold? And will they ask for additional proof?

Below is the message that I am going to submit to IRCC

Hello,
My name is XXX. I have submitted my Canadian Permanent Residency (PR) application on XXX. My client ID is XXXX and my PR application number is XXX. In my PR application, I am the primary inland applicant (PA) and my husband XXX is an outland-dependent applicant. My husband is currently in India and has never travelled to Canada. As per our PR application, my husband will accompany me to Canada if and when we get our PR.
Over the last few months, my husband and I have been experiencing a few differences in our relationship that are important to resolve. We are working on understanding those differences and taking some time to reconcile them. Therefore, we have decided that he will not accompany me to Canada. I will sponsor him to Canada after I receive my PR and we have reconciled our differences. I am raising this webform to update IRCC that my husband XXX will not be accompanying me to Canada if and when we get our PR under application XXX.

I request IRCC to please consider my husband as a non-accompanying dependent for PR application XXX and kindly process my application for primary applicant XXX only.
Thank you,
Trupti

 

[sam adams]

@Trupti_Desai did you get any results?

 

[jhkrish2123]

@Trupti_Desai I am in same problem. I had submitted the petition from court in India and it’s been three months and I had no updates since then. Do you have any update ? How did you proceed ?