Sowp and divorce

[Jasskaur102]

Hey everyone, I have a question today and I really need a help as we ll consult to immigration consultant also but I want to know this as soon as possible so I am raising question here.

My friend who is married came in 2019 as a student. She got married in 5 months before she came here. She applied SOWP for her husband which got refused 3 times. On 4 try it recently got approved. But from past a year, the things are going worse in their relationship and she really needs divorce. She really tried to make the relationship good, but its going worse. Now, her husband is coming in next few weeks. Her family is going to start a case of divorce in India. Her concern is that, she don’t want to ruin that boy’s SOWP.

1. Will their divorce has any impact on her husband’s SOWP.
2. Can he stay in canada after divorce?
3. His husband has his wife’s name on passport. Can he change it. Will his status in Canada remain same.
4. Will divorce affect girl’s PGWP status in any way?
Please provide me information as soon as possible.
Sorry for the lengthy message.
Thankyou

 

[canuck78]

Hey everyone, I have a question today and I really need a help as we ll consult to immigration consultant also but I want to know this as soon as possible so I am raising question here.

My friend who is married came in 2019 as a student. She got married in 5 months before she came here. She applied SOWP for her husband which got refused 3 times. On 4 try it recently got approved. But from past a year, the things are going worse in their relationship and she really needs divorce. She really tried to make the relationship good, but its going worse. Now, her husband is coming in next few weeks. Her family is going to start a case of divorce in India. Her concern is that, she don’t want to ruin that boy’s SOWP.

1. Will their divorce has any impact on her husband’s SOWP.
2. Can he stay in canada after divorce?
3. His husband has his wife’s name on passport. Can he change it. Will his status in Canada remain same.
4. Will divorce affect girl’s PGWP status in any way?
Please provide me information as soon as possible.
Sorry for the lengthy message.
Thankyou

1 and 2. If she is no longer in a relationship and they are now separated she must inform IRCC before he lands. If she does not she Is misrepresenting her marital situation. IRCC will eventually look back at her file and see that her ex-husband arrived on an SOWP and didn’t live with her and she applied for a divorce saying that the marriage was over before he arrived in Canada. She is putting her own status at risk if she lies and says her husband is coming to join her to live with her in Canada. Je isn’t entitled to an SWOP if they are no longer in a relationship and don’t intend to live as a married couple in Canada.
3. Yes she can change her name after she legally changes her name after the divorce.
4. Being divorced does not affect someone’s status as long as she is honest with IRCC about separation from husband and divorce. She’ll need to provide proof of divorce documents to IRCC when applying for certain permits/visas.

 

[Surs29106]

I'm sorry to hear about your friend's situation. Dealing with immigration and divorce can be tough. From what I've researched, divorce generally won't impact her husband's SOWP directly, but it's crucial for them to consult with an immigration consultant for detailed advice. He can stay in Canada after divorce, but changing his name on the passport may affect his status. As for your friend's PGWP, it shouldn't be affected by the divorce. It's a complex situation, so seeking professional advice is key. Also, I've found some helpful articles at https://divorcejury.com/divorcing-a-disabled-spouse-what-you-need-to-know that may shed light on unique aspects of your situation. Best wishes to your friend.