My friend who has been told that, even after receiving his Quebec residency, he cannot file for divorce anytime very soon.
Not quite sure what that means in terms of time. Perhaps someone knows?
We're wondering if his 'ex-wife' (they have a Jewish divorce but not a civil one and separate residences) might be able to apply to stay in Montreal on her own.
Here's the situation.
They have a 14 year-old child with Down Syndrome who was born in Vancouver.
As a minor, and with a disability, he needs to be near both of his parents and most certainly his mother who is his primary caretaker. There can be no question of that. He struggles with anxiety and depends on both of his parents emotionally.
His father is French (born in Morocco and lived in France from age 3-17) and French speaking and has had a job in Montreal for the last 4 years.
She has not worked...much at all during that time and not at all now though some of the money her ex-husband gives her comes to her as an 'employee' of his place of business. It's a legal arrangement to save some money on taxes and it's an arrangement that can continue. So, technically she 'has a job.'
She does not speak French.
She has higher education (college), has family in Montreal (grown children, grandchildren and friends), was born in the U.S., is in her late 50's, and has lived in Montreal for 4 years.
Is there any way for her to apply to remain in the country independently of her 'legal husband'?
We have to think that their child has some rights in terms of the care he requires and the fact that he is a Canadian citizen in his own right.
Thank you so very much for any help with this.
Not quite sure what that means in terms of time. Perhaps someone knows?
We're wondering if his 'ex-wife' (they have a Jewish divorce but not a civil one and separate residences) might be able to apply to stay in Montreal on her own.
Here's the situation.
They have a 14 year-old child with Down Syndrome who was born in Vancouver.
As a minor, and with a disability, he needs to be near both of his parents and most certainly his mother who is his primary caretaker. There can be no question of that. He struggles with anxiety and depends on both of his parents emotionally.
His father is French (born in Morocco and lived in France from age 3-17) and French speaking and has had a job in Montreal for the last 4 years.
She has not worked...much at all during that time and not at all now though some of the money her ex-husband gives her comes to her as an 'employee' of his place of business. It's a legal arrangement to save some money on taxes and it's an arrangement that can continue. So, technically she 'has a job.'
She does not speak French.
She has higher education (college), has family in Montreal (grown children, grandchildren and friends), was born in the U.S., is in her late 50's, and has lived in Montreal for 4 years.
Is there any way for her to apply to remain in the country independently of her 'legal husband'?
We have to think that their child has some rights in terms of the care he requires and the fact that he is a Canadian citizen in his own right.
Thank you so very much for any help with this.
