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I came to Canada 5 years back to join spouse who was on study visa, NOW on PR status,what if i get divorce from him and remarry in india and come back

shareq

Newbie
Aug 6, 2020
3
0
I came to Canada 5 years back to join spouse who was on study visa, NOW on PR status, while i was in India on visit my husband gave/sent me divorce ,i went to the authorities and got my divorce certificate. i got a proposal from my relatives who is a divorce and has one child. i am ok with that and i got remarried now in India. i am doing the required paper work now for second marriage. please suggest me how to null my first marriage in Canadian system and sponsor my second marriage spouse.

Can i update my marital status from India and sponsor my second marriage spouse or i have to go back to Canada and nullify the first marriage and then sponsor my second husband.
what is the best and quick way to be with my husband.
 

YVR123

VIP Member
Jul 27, 2017
6,616
2,523
You are not very clear on your status.
Are you "NOW on PR status" or just your ex spouse a PR?
If you landed as PR (have PR card), how did you obtain your PR? Did you apply with your previous spouse for PR? Or did he obtain PR and then sponsor you?
Answer to those questions will help to address your issues.
 

shareq

Newbie
Aug 6, 2020
3
0
Thanks for your reply, as I said my husband was on study visa and I came as dependent, later on I got the PR. I am in india now and my husband sent me divorce letter which I processed here in india and got the divorce certificate. I already sent copy of divorce certificate my ex husband which I got here in india. NOW I
got a proposal from my relatives who is a divorce and has one child. i am ok with that and i got remarried now in India. i am doing the required paper work now for second marriage. please suggest me how to null my first marriage in Canadian system and sponsor my second marriage spouse.

Can i update my marital status from India and sponsor my second marriage spouse or i have to go back to Canada and nullify the first marriage and then sponsor my second husband.
what is the best and quick way to be with my husband
 

YVR123

VIP Member
Jul 27, 2017
6,616
2,523
you still hasn't replied on HOW you got your PR. You don't just suddenly became one.
Either your ex apply via PNP, Express Entry...etc and include you in the application or he applied alone, got PR and then sponsored you to became one.
or you, yourself got enough experience and appled yourself. without this piece of information, I cannot give you an answer on if you can sponsor your new spouse. If you were sponsored before you cannot sponsor someone else in the next 5 years. (the date counts since you landed/official became a PR)


BTW, you cannot nullify a marriage. You were married and you got doviced. That's nothing to do with "nullify" a previous marriage.
And if you met RO (since you said it was 5 years ago that you went to Canada but you didn't say when you got PR and when you leave Canada, you may not meet RO), you need to be physically in Canada to sponsor a spouse. You cannot do that outland. (i.e. wait in home country during the application)
 

shareq

Newbie
Aug 6, 2020
3
0
I am sorry I didn't focus, actually I don't know much about it. I think my ex included me along with his application in express entry. Now what will be my PR status and how can I bring my new husband
 

YVR123

VIP Member
Jul 27, 2017
6,616
2,523
To sponsor you new spouse, you need to
1) physically be in Canada and live in Canada while the application is being processed (could be a year or more)
2) you need to meet residency obligation.
- From the day that you've landed/became a PR, you needed to be physically in Canada for 730 days in 5 years.
- If you have because a PR more than 5 years ago, looking back from your day of entry, you needed to be in Canada at least for 730 days.
- PR card expiration has nothing to do with it. But you need a valid PR card to travel back to Canada to apply.

If you meet RO, and has returned to Canada, then you can send in the application to sponsor your new spouse.