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Question...Important

M

myluvcad

Newbie
Jan 28, 2014
4
0
Hello members,
Greetings!

I am the principal applicant on the PR application filed under FSW and I added my spouse as accompanying. We both got our PR last year. I am in Canada and my wife is in the home country. Our marriage has been going through a rough phase, and I wanted to remove her from application before the decision was made but could not do so as we did not have any "official" documents for separation or divorce. My question is can I cancel her visa after my landing and if I can, what route/procedure should I take? I don't mind her coming here, get her PR but she is expecting me to provide her financial help and all, which I wouldn't have mind earlier but not after she has made my life sad. I also don't want CIC to think that I am committing a marriage fraud because I am not. Please help!
 
It's not clear if you just have your PR visas or if you have already landed and become PRs.

If both of you have already landed, then you cannot cancel her PR status. Otherwise you can remove her as a dependent either before or after you land.

If you received any points for having her as your spouse and you needed these points to meet the 67 point minimum to qualify for PR, then removing her as a dependent or canceling her visa will not be a good idea since this means you will no longer have sufficient points and will no longer qualify to immigrate yourself.
 
Did she contribute any points as your spouse to your application to reach 67? If you remove her points do you still have at least 67 points?
 
myluvcad said:
Yes, she did contribute towards the points.
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Then you should not cancel her visa or it could cause problems for your own status. If your marriage has fallen apart and you are separating, then this technically means the points she contributed to your application no longer apply and you no longer qualify to immigrate.

If you land and then cancel her visa because your marriage has fallen apart, this could be seen as misrepresentation by CIC since you landed on the premise that your marriage was still valid and the points your wife contributed to your file were still valid - when they actually weren't.

In the end it's your choice. If you withdraw her visa this could create problems for your own PR status.
 
well, thank you very much for the advice. As I said, I don't mind her becoming a PR. We will just have to sort out our issues later. Thanks again!
 
myluvcad said:
well, thank you very much for the advice. As I said, I don't mind her becoming a PR. We will just have to sort out our issues later. Thanks again!
Click to expand...

From what I understand here is that you more interested in not being financially responsible for her, than her immigrating to Canada.

After landing you can no longer add or remove anyone from your application. CIC must have sent you a letter along with the visas, that says you need to inform CIC immediately about any change in family composition (that was your last chance to drop your wife from the application). It doesn't matter if you still qualify with or without your wife's points, you still can't drop her as the application is considered complete once PA lands.

Secondly, I would strongly advise you to seek the help of a family lawyer (there are many out there who you can engage for a very nominal fee). In Canada your wife may still be able to claim monthly maintenance amount from you even after your divorce.

Regards,
 
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