Divorced Outside Canada

[mcmaster]

I m Canadian. I have sponsored my wife from KSA. She got the approval and she came to Canada and Got her PR(Spousal sponsorship). I did not register my marriage in Canada.
After 4 months, we went as a vacation to KSA and there we got divorced.

So what should I do to make the divorce legally in Canada? Should I just inform the immigration that I got divorced with the divorce certificate from KSA? or should I make a divorce in Canada even if I didn't register it?

I m really worrying about this.

Please help

 

[mcmaster]

anyone can help?

 

[nazia2k]

You had better get a lawyer's help. Your case will be dealth with professionally that way.

 

[nazia2k]

I'm sure some Saudi born lawyers practicing in Canada as well . They are well aware of immigration laws of both countries. They can really help you out at a meager price rate for their service.

 

[asiddiq]

Dear McMaster,

In order for the Foreign DC to be valid and recognized in Canada, one of the parties must reside in Canada. If u both reside in Canada, you will have to process from within Canada. Therefore, as you both are Permanent Resident ( u as Canadian and your wife PR Holder), you must process and register your Divorce from within Canada. Then it would be granted vaild.

Also, you need a permission from your local municipality to remarriage another lady ( Either Canadian wife or foreign wife).

You could email to the visa office abroad or CIC Canada about this.

 

[mcmaster]

Thanks alot,
PLease if there is any references that could help me, It would be appreciated.

 

[mcmaster]

Hi,
I asked Lawyer and he told me that I have to bring
1-divorce certificate
2-Marriage certificate
3- A form or a Letter that is signed by both of us that we agree on divorce and ....in a nice way
My question is about 3...Is there a Form? or should I write it by myself? Can anyone help?

 

[rjessome]

Dear McMaster,

In order for the Foreign DC to be valid and recognized in Canada, one of the parties must reside in Canada. If u both reside in Canada, you will have to process from within Canada. Therefore, as you both are Permanent Resident ( u as Canadian and your wife PR Holder), you must process and register your Divorce from within Canada. Then it would be granted vaild.

asiddiq is right. In order for your divorce to be considered legal in Canada, one of the parties must have been LIVING in the country where the divorce took place for the previous 12 months.

Hi,
I asked Lawyer and he told me that I have to bring
1-divorce certificate
2-Marriage certificate
3- A form or a Letter that is signed by both of us that we agree on divorce and ....in a nice way
My question is about 3...Is there a Form? or should I write it by myself? Can anyone help?

A lawyer from where? A Canadian immigration lawyer should tell you what I just did.

 

[mcmaster]

rjessome, Please clarify more
-I got married in July 2010 in KSA
-entered with my wife to canada on July 2010 (sponsoring)
-Left Canada on August 2010 to KSA
-Got divorces in KSA on JAN 2011

and from August 2010 till now I am in KSA (VACATION) so how the 12 month period thing works?

Thanks

 

[PMM]

Hi

rjessome, Please clarify more
-I got married in July 2010 in KSA
-entered with my wife to canada on July 2010 (sponsoring)
-Left Canada on August 2010 to KSA
-Got divorces in KSA on JAN 2011

and from August 2010 till now I am in KSA (VACATION) so how the 12 month period thing works?

Thanks

Resident or have connection for 12 months before the divorce. See:

"Recognition of foreign divorce

22. (1) A divorce granted, on or after the coming into force of this Act, pursuant to a law of a country or subdivision of a country other than Canada by a tribunal or other authority having jurisdiction to do so shall be recognized for all purposes of determining the marital status in Canada of any person, if either former spouse was ordinarily resident in that country or subdivision for at least one year immediately preceding the commencement of proceedings for the divorce.

Idem

(2) A divorce granted, after July 1, 1968, pursuant to a law of a country or subdivision of a country other than Canada by a tribunal or other authority having jurisdiction to do so, on the basis of the domicile of the wife in that country or subdivision determined as if she were unmarried and, if she was a minor, as if she had attained the age of majority, shall be recognized for all purposes of determining the marital status in Canada of any person.

 

[mcmaster]

Hi,
I have the residency in both countries (CANADA and KSA).
Is the PR card for me in KSA enough as prove of residency? or should I be physically there?
Does that conflict that I applied for my formal wife to immigrate to Canada?
Giving that I have always been traveling back and forth between Canada and KSA.

thanks

 

[asiddiq]

PR residency is actually temporary status. It has validity period. During this period, if residency obligation not met or convicted to any crime that is a threat for Canadian society, your PR could be revoked and you would be in risk of deportation.

In your case, staying in KSA for long time, even with PR card, will be a high risk for you; based on following points:

1. You don't honour Permanent Residency in Canada

2. You don't have enough ties to Canada ( you must establish your ties with Canada. You could do that by Working, studying, paying tax, Continuous stay in Canada)

My suggestion is that You try to stay in Canada and establish your residency there by working, studying or doing business.

Remember, your residency ties will make you eligible for sponsorship applications ( Spousal or Parental). If you fail to establish your residency or ties with Canada, Immigration mission may not consider your application.

Try to minimize your stay in KSA. While any sponsorship application is in process and if that application is at final stage, sponsor must reside in Canada at the time of issuance of sponsored persons visa. This is some kind of law. It makes common sense. If sponsor is not in Canada, VO is not supposed to issue visa at that time. Visa is given to the sponsored person to go and to stay with sponsor.

In regards to your question, it is very important for you to stay in Canada to keep your PR status active and to be eligible for sponsorship.

Take care

 

[asiddiq]

Your residency in KSA is not applicable to your Divorce process. Since, your wife is also PR of Canada, therefore, you must file your divorce from within Canada.

According to your question, even u r dual resident, you will have to file your divorce from within Canada, because your wife is also PR of Canada.

If your wife would not be PR of Canada and would be living in KSA for 1 year prior to your divorce, then it would be okay to get divorced in KSA.

As you are Canadian and your wife is also a PR. your Divorce is not valid and as a result is not recognized.

 

[rjessome]

Your residency in KSA is not applicable to your Divorce process. Since, your wife is also PR of Canada, therefore, you must file your divorce from within Canada.

According to your question, even u r dual resident, you will have to file your divorce from within Canada, because your wife is also PR of Canada.

If your wife would not be PR of Canada and would be living in KSA for 1 year prior to your divorce, then it would be okay to get divorced in KSA.

As you are Canadian and your wife is also a PR. your Divorce is not valid and as a result is not recognized.

No, that is not correct. It's about being a resident of the country where the divorce took place for one year prior to the divorce application. Re-read PMM's post.

Being a PR of Canada does not mean you live in Canada. In the above case, the wife did not live in Canada before she "landed" and, for all we know, she may have landed and immediately gone back to KSA and not settled to live in Canada yet. So there may be more circumstances to consider