Requesting advice as a landed PR

[Pp13]

Hello,
I will very thankful if you could suggest me one thing.
I landed in Canada as a PR and so did my husband. But we were not in good terms since long time. He went back and I am still staying in canada for more than a year.

Now I want to remove his name from my file. What Indian legal document is enough to remove his name from my Permanent Residency?

Will a Notary be enough? Because he is not willing to go through the long divorce process and wants it to be like this only. And I don't want his name associated with my PR status in Canada anymore.

Pls do let me know.

Sincere Thanks.

 

[harirajmohan]

Hello,
I will very thankful if you could suggest me one thing.
I landed in Canada as a PR and so did my husband. But we were not in good terms since long time. He went back and I am still staying in canada for more than a year.

Now I want to remove his name from my file. What Indian legal document is enough to remove his name from my Permanent Residency?

Will a Notary be enough? Because he is not willing to go through the long divorce process and wants it to be like this only. And I don't want his name associated with my PR status in Canada anymore.

Pls do let me know.

Sincere Thanks.

As far as i understand the rules on landed immigrants (other than sponsored by citizen spouse):
If both of you are landed immigrants then every individual member in family is independent after gaining PR status hence you just dont need to do anything. Just spend time in Canada wherever you like. Your spouse name wont be asked anywhere for anything. Where do you have issues?
With Indian system it might be complicated to get his name removed hence i am thinking that you can file for divorce without him (you should be eligible - just check more on that) and get the process started and then you can proceed in separating the name from Indian documents.

Or else just spend time till you get your Canadian passport and surrender your Indian passport in which case you dont need to do anything.
If you have to change your last name then you need to go through the name change process anyway for any Canadian/Indian document, for which you dont have choice other than getting the name change done - you can do it within Canada.

 

[scylla]

Hello,
I will very thankful if you could suggest me one thing.
I landed in Canada as a PR and so did my husband. But we were not in good terms since long time. He went back and I am still staying in canada for more than a year.

Now I want to remove his name from my file. What Indian legal document is enough to remove his name from my Permanent Residency?

Will a Notary be enough? Because he is not willing to go through the long divorce process and wants it to be like this only. And I don't want his name associated with my PR status in Canada anymore.

Pls do let me know.

Sincere Thanks.

You cannot remove his name from your file now that you have landed and both become permanent residents. Since you applied together - the historical file information will continue to list his name. There is nothing you can do to change this.

Now that you have both landed, your PR status is independent of each other. What he does has no impact on you.

 

[Pp13]

@harirajmohan Thank you for your reply,

The issue is that he is still associated to me as my husband in Canada. I want to plan my life ahead and wish to marry my boyfriend after 1-2 years. So in my PR file, his name will always be there. And he is not willing to go through the long divorce process in India.

Now that I have been living in Canada since more than a year, Can I individually apply for divorce here and get it?
If I start living with my boyfriend then can he come to Canada and make me face problems by law?
That is my concern, I want to confirm that he can bother me in no legal way in Canada.

 

[scylla]

@harirajmohan Thank you for your reply,

The issue is that he is still associated to me as my husband in Canada. I want to plan my life ahead and wish to marry my boyfriend after 1-2 years. So in my PR file, his name will always be there. And he is not willing to go through the long divorce process in India.

Now that I have been living in Canada since more than a year, Can I individually apply for divorce here and get it?
If I start living with my boyfriend then can he come to Canada and make me face problems by law?
That is my concern, I want to confirm that he can bother me in no legal way in Canada.

Once you have lived in Canada for a year, you can file for divorce from your husband. Your husband's name will always be on your old PR file - there is nothing you can do to change that.

You can sponsor your boyfriend for PR once you have either divorced and remarried - or once you have lived together for 1 year continuously.

 

[Pp13]

Can I live with my boyfriend without worrying about my husband affecting me legally here in Canada? Or for my legal safety shall I get any Notary or Affidavit from a lawyer in India which states that Me and my Husband are not staying together and will be applying for divorce?
Also will my marriage get null automatically if I am in no contact with my husband and I get married to my boyfriend in Canada?