in the middle of PR application. divorce/ separation?

[plawrie]

A friend in need of advise.
I have a friend from the UK. Her husband is the main applicant, he has a high skilled work permit. She an has an open work permit. They are about 1.5 years into PR application. However she has met someone else (Canadian). She wants to get divorced and be with her new partner but I'm worried how this will effect her PR application? I don't know what to advise her? I don't even know if her PR is close to completion

 

[zardoz]

A friend in need of advise.
I have a friend from the UK. Her husband is the main applicant, he has a high skilled work permit. She an has an open work permit. They are about 1.5 years into PR application. However she has met someone else (Canadian). She wants to get divorced and be with her new partner but I'm worried how this will effect her PR application? I don't know what to advise her? I don't even know if her PR is close to completion

If their marital status changes, they must inform CIC and she will have to be removed from the PR application. This is mandatory and failing to do so will be misrepresentation. She could then possibly make an application based on her new relationship with a Canadian citizen.

 

[Leon]

Agreed. If they separate, they must inform immigration. Immigration may not remove her from his application at that point because separated couples may get back together again but if the legally divorce, she must be removed from his application.

As for her Canadian partner sponsoring her, they must have lived together as a couple for at least a year or must get married before he can sponsor her.

If she has a skilled job on her open work permit at the moment, she could prepare herself by asking her employer to get an LMO for her so she can apply for her own permit in her own name. If she does that, her work permit status is secure regardless of her leaving her husband and she would also have her own options to apply for PR without relying on sponsorship through the new partner.