Removal of spouse!!

[avaliciously]

Would my application for permanent resident be held up if I remove my spouse?
My application has been in for 5 years; it was held up this long because I've added my husband to my application a year after I've submitted my application as a conventional refugee. We have completed medical exam about three months ago as instructed from CIC, and has been received. Now my husband has been living a double life for which resulted in two children ( 1 1/2 and a 3 months old ) The 1 1/2 old, I found out a year ago but I just found out about the 3 month old a week ago. I have pictures etc. Upon all this, my husband has been rather disrespectful and shows no form of remorse and I am thinking about removing him from my application. I am also afraid that this action will lead to further delay with my application; considering I've been waiting for 5 years.
Does anyone knows of cases like this? Do you think my application would continue to delay?

Help! I am stressed!

 

[scylla]

In order to remove your husband from your application you would either have to be divorced or legally separated (and be able to prove this with some sort of documentation). Have you started the process to legally divorce him and can you show paperwork to prove this?

 

[kriv]

In case of divorce you will be changing your marital status which will result in removal of your husband from your PR application. if you are not yet divorce or have no plans to divorce then you can still remove him from your application.

CIC states that:-
Protected persons may remove a family member from their application any time up to the point of being granted permanent residence. The individual who is "removed" from the application will not be granted permanent residence or issued a visa as a result of the application. The processing fee for that person will not be refunded once processing of the application has commenced.

Since the removal of a family member from the application will not change the fact that the family member has been listed in compliance with R10(2)(a), that family member may be sponsored in the future, provided that the individual remains otherwise eligible for inclusion in the family class at the time that the sponsorship application is submitted.

Because permanent separation may result, applicants must be asked to sign a declaration acknowledging this possibility before removing the family member from the application.

hope it helps.

 

[Leon]

The simplest way may be to change his status to not accompanying on your application. This would mean he would not get a PR visa but you would have the option to sponsor him later if you wanted to.

 

[avaliciously]

Thanks everyone. It has been a long complicated journey for me and a lot of frustration to it... I'll consider all the advice given and will be seeing a lawyer.

Thanks again!

 

[scylla]

You can't remove her. However you can change her to non-accompanying. You would need to contact the visa office processing your application and let them know that you want to change your wife to non-accompanying. Note that she will still have to provide PCCs and pass the medical. You should also be aware there's no guarantee the visitor visa will be approved - chances are much higher it will be refused. So if you change her to non-accompanying and come to Canada on your own and then her visitor visa is refused - you'll have to remain in Canada and sponsor her while she waits in your home country. So if you do in fact change her to non-accompanying, there's a very good chance you may be separated for a number of months to over a year while the sponsorship application is processed.

 

[scylla]

Thanks scylla, This helps a lot. However, I guess CIC may approve her visitor visa as my 10 months old daughter cant go with me without her mother. The reason I am doing this is bcoz I dont want my wife to sponsor her brothers for next 2-3 years atleast to Canada(for personal reasons). If she gets PR with me , I know she will do this the first thing. This may seem bit silly but thats me!

Her medical and PCCs are already sent.

She can't sponsor her brothers unless they are 18 years old or younger and orphans.

Even with a 10 month old daughter, there's still an extremely high chance her visitor visa will be refused.

 

[scylla]

They are much older than 18 years. I would apply her visitor visa before I move to Canada. When I will have PR stamped on my passport, for 3-4 months I will remain in Australia (my current location) and I will apply during this time. What do you say? Thanks in advance

In that case it's not possible for her to sponsor her brothers. If they wish to immigrate - they will have to qualify on her own. Chances are still low her visitor visa will be approved - but you can certainly try. Some people get lucky.

 

[canuck_in_uk]

They are much older than 18 years. I would apply her visitor visa before I move to Canada. When I will have PR stamped on my passport, for 3-4 months I will remain in Australia (my current location) and I will apply during this time. What do you say? Thanks in advance

I agree with scylla. Her chances of being approved for a TRV are low.

It is far better to keep her as accompanying so she becomes a PR along with you. As scylla said, she can't sponsor her brothers, so that is not an issue.

 

[canuck_in_uk]

Thanks Canuck and Scylla.So, what I understand is that even if my wife becomes PR along with me, she cant sponsor her brothers? But I guess their brothers can still claim points under 'relatives' section in express entry? Please respond one last time.

Thanks much

She can't sponsor them. They can only get 15 points for a sibling in Canada. For reference, the lowest score in the last draw was 440 points.

 

[Jiya89]

Would my application for permanent resident be held up if I remove my spouse?
My application has been in for 5 years; it was held up this long because I've added my husband to my application a year after I've submitted my application as a conventional refugee. We have completed medical exam about three months ago as instructed from CIC, and has been received. Now my husband has been living a double life for which resulted in two children ( 1 1/2 and a 3 months old ) The 1 1/2 old, I found out a year ago but I just found out about the 3 month old a week ago. I have pictures etc. Upon all this, my husband has been rather disrespectful and shows no form of remorse and I am thinking about removing him from my application. I am also afraid that this action will lead to further delay with my application; considering I've been waiting for 5 years.
Does anyone knows of cases like this? Do you think my application would continue to delay?

Help! I am stressed!

I wish to know whether you were able to remove your spouse?

 

[Jiya89]

guide me too