Joint application for PR and Divorce

[Silenimt]

Hello,

I have a question about divorce process and its impact on PR status.

A bit of background:

My husband and I were living together since 2015. We got married in November 2019. In January 2020 we submitted application for PR (Canadian Experience Class). I was the primary applicant. Soon after we had an argument and broke up. We tried to reconcile for a bit, but things didn't work. In June 2020 we received our PR documents.

Now we want to apply for uncontested divorce (we have no kids and no property to divide) and my question is how safe it is to apply for divorce now in terms of keeping our PR status? It has been over 6 months since we got the final decision and one year since we separated, so technically everything should be fine. But I just want to be sure, and the only concern is that we had our argument (that can be counted as day 1 of being separated as we need to be separated for at least a year before applying for divorce) was within a month of when I submitted an application for PR.

Thanks

 

[harirajmohan]

Hello,

I have a question about divorce process and its impact on PR status.

A bit of background:

My husband and I were living together since 2015. We got married in November 2019. In January 2020 we submitted application for PR (Canadian Experience Class). I was the primary applicant. Soon after we had an argument and broke up. We tried to reconcile for a bit, but things didn't work. In June 2020 we received our PR documents.

Now we want to apply for uncontested divorce (we have no kids and no property to divide) and my question is how safe it is to apply for divorce now in terms of keeping our PR status? It has been over 6 months since we got the final decision and one year since we separated, so technically everything should be fine. But I just want to be sure, and the only concern is that we had our argument (that can be counted as day 1 of being separated as we need to be separated for at least a year before applying for divorce) was within a month of when I submitted an application for PR.

Thanks

Did you land yet? I assume you have received your COPR.
Is divorce process completed? I could not understand that part.

 

[Silenimt]

Did you land yet? I assume you have received your COPR.
Is divorce process completed? I could not understand that part.

Everything regarding PR has been completed. We both have our cards now.
Regarding divorce: no, we haven't started the process yet as I was waiting till it is 1 year of separation because I know that is the requirement. I am using Online Divorce Assistant to prepare the documents, so the next step would be to sign everything, affirm the documents and then file them.

 

[harirajmohan]

Everything regarding PR has been completed. We both have our cards now.
Regarding divorce: no, we haven't started the process yet as I was waiting till it is 1 year of separation because I know that is the requirement. I am using Online Divorce Assistant to prepare the documents, so the next step would be to sign everything, affirm the documents and then file them.

You are PR. Rest are immaterial on what happens after that. Separation or divorce process before landing is not matter as you were married till landing hence nothing to worry.
Just try to maintain physical presence (2 out of 5 years) to retain status. Nothing more required. Its the case for both (individually).

 

[Silenimt]

You are PR. Rest are immaterial on what happens after that. Separation or divorce process before landing is not matter as you were married till landing hence nothing to worry.
Just try to maintain physical presence (2 out of 5 years) to retain status. Nothing more required. Its the case for both (individually).

Thank you. I am planning to apply for citizenship before my PR expires, therefore, I will stay in the country for as long as needed.

 

[canuck78]

Everything regarding PR has been completed. We both have our cards now.
Regarding divorce: no, we haven't started the process yet as I was waiting till it is 1 year of separation because I know that is the requirement. I am using Online Divorce Assistant to prepare the documents, so the next step would be to sign everything, affirm the documents and then file them.

If you broke up before you landed you were required to tell IRCC that you were no longer together and should have removed him from your application. If it is discovered that you were not together when you applied yes it could be an issue. It says many times, including in your COPR, that you must advise IRCC of any changes in your family composition.