Hi everyone. I have a question. I have just received an email requesting for passports of me and my spouse for CoPR. However, i am planning on divorcing my wife in the near future. This process takes a long time and obviously will not be making the journey to Canada. My question is, are there any rules that state that both applicants who applied need to land in Canada together (i am primary applicant). Will there be any complications if i make the journey alone and she doesn't accompany me even though she gets a PR too? I'm hoping that both our PR visas are not connected in any way together.
Divorce Post-CoPR
- Thread starter bill.s.preston
- Start date
Inform IRCC that you are divorcing. Divorcing isn't a small process, in most countries there are multiple petitions that are assessed to grant separation stages. We aren't lawyers here and don't offer professional advice, but hiding could be ineffective if they factor your separation process in context to PR issued.
If you inform IRCC, they'll verify your divorce documents and remove your spouse from your application. Your existing COPR will be cancelled and you'll get a new PPR upon verification of divorce documents.
Thanks. I understand that. However, the divorce process takes years and i won't have any docs with me now to send to IRCC. Which is why i was thinking i will land in canada alone and then come back to india and start the divorce process. Would that work?
IIRC, divorce in India is a two part process. First petition of separation, second is grant of successful separation. There's a 12 month wait between both petitions. If you are living separately right now (which would be first petition), you are already in the process of separation. And, IRCC needs to be informed about it. If not, then you need to talk to someone who's qualified to give a professional advice on whether your existing intentions to divorce, but not informing IRCC would be interpreted as misrepresentation. An old thread here: https://www.canadavisa.com/canada-immigration-discussion-board/threads/divorce-after-soft-landing.720227/post-9183160
Thanks. We are still living together and we will only be starting the divorce process after a couple of months. This is why i thought, i could go solo and land in Canada and then come back. Seeing that we will only be starting the process of i land in Canada, technically, it shouldn't be a problem as the authorities wouldn't know anything right?
I'd emphasize the misrepresentation part. What if IRCC deems your PR status to be misleading based on this divorce later. Any divorce in the next 12-15 months would imply the intent of separation as your physical separation would start in week(s) or month(s) of soft landing. I'm not sure how IRCC looks at it and that's why I'd suggest you find someone to help you out here.
I'm a bit idealistic. Call me dumb, but I follow rules and don't suggest otherwise either. I'm leaving my home country because there are a lot of people who don't follow rules and who think cutting corners is the way to life. It makes me uncomfortable to see immigrants doing the same
I agree with you, i too like to do things by the book. The only reason i feel like i'm in a connundrum is because as you mentioned, divorce processes take a year minimum in terms of physical separation. In this case, then my PR will be delayed by a minimum of another year or so.I'd emphasize the misrepresentation part. What if IRCC deems your PR status to be misleading based on this divorce later. Any divorce in the next 12-15 months would imply the intent of separation as your physical separation would start in week(s) or month(s) of soft landing. I'm not sure how IRCC looks at it and that's why I'd suggest you find someone to help you out here.
I'm a bit idealistic. Call me dumb, but I follow rules and don't suggest otherwise either. I'm leaving my home country because there are a lot of people who don't follow rules and who think cutting corners is the way to life. It makes me uncomfortable to see immigrants doing the same
I think you will have problems getting citizenship if they find out that you didn’t disclose the divorce. Just do the right thing to avoid problems later.