Family condition changes while waiting for PR confirmation

[babybenz]

Hello everyone,
I am asking for a friend who is in some difficult situation.
The family consists of husband (primary applicant), wife (spouse) and one 7-year old daughter. The couple was legally married outside of Canada
The husband was accepted under one of the BC PNP program. The family is now in Canada (BC) and is waiting for the PR confirmation for all 3 people. The PR application has been processed for more than 1 year, certainly being delayed due to COVID-19.
Now they're having family issues and my friend is considering a disvorce as a last resource.
Would her PR application as a spouse be rejected due to disvorce? What about the child?
What are her best options?
Thank you everyone

 

[scylla]

Hello everyone,
I am asking for a friend who is in some difficult situation.
The family consists of husband (primary applicant), wife (spouse) and one 7-year old daughter. The couple was legally married outside of Canada
The husband was accepted under one of the BC PNP program. The family is now in Canada (BC) and is waiting for the PR confirmation for all 3 people. The PR application has been processed for more than 1 year, certainly being delayed due to COVID-19.
Now they're having family issues and my friend is considering a disvorce as a last resource.
Would her PR application as a spouse be rejected due to disvorce? What about the child?
What are her best options?
Thank you everyone

If they legally separate / divorce before the application is finalized and the family becomes PRs, then the wife would be removed from the application and will not obtain PR along with the husband and child.

The wife will then have to find a path to PR on her own (i.e. qualify on her own) through an economic immigration stream like Express Entry or PNP.

 

[babybenz]

If they legally separate / divorce before the application is finalized and the family becomes PRs, then the wife would be removed from the application and will not obtain PR along with the husband and child.

The wife will then have to find a path to PR on her own (i.e. qualify on her own) through an economic immigration stream like Express Entry or PNP.

Hey scylla,
I don't think their divorce paperwork would finish before the final decision of the PR... But the husband can certainly inform a change in his application, in which it could state that he is now in separation (not even divorce). Only this alone could already affect the application status of the spouse, don't you think?

 

[scylla]

Hey scylla,
I don't think their disvorce paperwork would finish before the final decision of the PR... But the husband can certainly inform a change in his application, in which it could state that he is now in separation (not even disvorce). Only this alone could already affect the application status of the spouse, don't you think?

Yes, absolutely. The divorce does not have to be finalized for the husband to remove the wife from the application.