Divorce after landing

[jcurtsy]

Me(principal applicant) and husband immigrated to Alberta/Canada from Srilanka in October 2015 under skilled worker category. We are heading for divorce. We gave our marriage registration from Srilanka for immigration application. My spouse is soon gonna go back to his home country and will not return to Canada.

1) My plan is to file for divorce in Srilanka (our home country, where the marriage happened). Alberta law requires you to be here for 1 year before you can file for divorce. Will the divorce certificate from srilanka be sufficient in Alberta? Or do I need to wait for 1 year and file for divorce in Canada? At that point, will my husband's absence in the country create issues for the divorce procedure?

2) My husband is jobless. Since I was the principal applicant, will I be responsible to pay for his expenses before or after divorce, incase he chooses to comeback to Canada later? How long will I need to do so?

Additional info, just in case you need this.
The points that were used for qualifying for immigration were all mine.

 

[PMM]

HI

Me(principal applicant) and husband immigrated to Alberta/Canada from Srilanka in October 2015 under skilled worker category. We are heading for divorce. We gave our marriage registration from Srilanka for immigration application. My spouse is soon gonna go back to his home country and will not return to Canada.

1) My plan is to file for divorce in Srilanka (our home country, where the marriage happened). Alberta law requires you to be here for 1 year before you can file for divorce. Will the divorce certificate from srilanka be sufficient in Alberta? Or do I need to wait for 1 year and file for divorce in Canada? At that point, will my husband's absence in the country create issues for the divorce procedure?

2) My husband is jobless. Since I was the principal applicant, will I be responsible to pay for his expenses before or after divorce, incase he chooses to comeback to Canada later? How long will I need to do so?

Additional info, just in case you need this.
The points that were used for qualifying for immigration were all mine.

1. Yes, as you have a connection to Sri Lanka then the divorce will be recognized.
2, No, he is on his own,

 

[Team Canada]

My case is similar as it's not exactly the same.
I and my spouse are heading for divorce as well. We are yet to land in Canada but we have our COPR already and is expiring in August. If I travel alone b4 expiration of our visa and come back after I have gotten my PR card to do the divorce in my country "Nigeria"
1, will I be able to travel back without a problem?
2, will her inability to obtain her own PR status affect my immigration process in future like becoming citizen?
3, After divorce, do I need need to notify immigration authority that my status have changed?
4, Will I be able to sponsor a new spouse immediately after submitting my divorce paper?
5, will my present wife I'm planning to divorce stii be able to enter Canada with her expired visa if she choose to go ahead?

Additional Info:
She added 5 points to my point during the assessment stage
I funded the whole processes
Now we have COPR that is expiring in few months

She has done so many terrible things that I can't talk about in public, that;s why we've both decided to go our separate ways but I if I should allow her to travel with me and obtain the PR status, it means I would have to wait like one or two years before I can get divorce, that's why i'm considering doing it in my country since the marriage is two years old already.

Please help...

 

[jcurtsy]

I read in some forum that a principal applicant is responsible for the spouse for 3 years. Is it true?

 

[alok4best]

My case is similar as it's not exactly the same.
I and my spouse are heading for divorce as well. We are yet to land in Canada but we have our COPR already and is expiring in August. If I travel alone b4 expiration of our visa and come back after I have gotten my PR card to do the divorce in my country "Nigeria"
1, will I be able to travel back without a problem?
2, will her inability to obtain her own PR status affect my immigration process in future like becoming citizen?
3, After divorce, do I need need to notify immigration authority that my status have changed?
4, Will I be able to sponsor a new spouse immediately after submitting my divorce paper?
5, will my present wife I'm planning to divorce stii be able to enter Canada with her expired visa if she choose to go ahead?

Additional Info:
She added 5 points to my point during the assessment stage
I funded the whole processes
Now we have COPR that is expiring in few months

She has done so many terrible things that I can't talk about in public, that;s why we've both decided to go our separate ways but I if I should allow her to travel with me and obtain the PR status, it means I would have to wait like one or two years before I can get divorce, that's why i'm considering doing it in my country since the marriage is two years old already.

Please help...

If you get divorced before landing and dont tell CIC, wouldn't it amount to misrepresentation.
On top of that, you have claimed points for your wife, so there is a possibility that you do not qualify for PR if we take her points out of equation.

So we are talking of two outcomes, depending on whether you tell CIC about divorce or not:
1. You tell them about the divorce, they recalculate your score and cancel your PR since you no longer have sufficient points. On the other hand, they recalculate your points, and find that even on your own, you are eligible. Hence, your PR stays valid, wife loses hers.
2. You don't tell CIC about the divorce and land alone. Your wife never lands. You get lucky and CIC never finds about the divorce. Otherwise, you run out of luck, CIC discovers that you did not tell them about divorce, and hence you lose your PR for misrepresentation. You are also barred for any future immigration programs.

Alternatively, you and your wife land before you proceed with divorce. You both become PRs and then go separate ways in life. Both of you get a choice to then decide what you want to do with your PR. This situation is perfectly legal.

 

[alok4best]

I read in some forum that a principal applicant is responsible for the spouse for 3 years. Is it true?

Not necessarily. principal applicant is responsible only in cases of spousal sponsorship. In this case, the depended spouse usually gets a conditional PR. I guess it's called condition 51. If husband and wife both are part of initial application, then the PR for primary and dependent is not conditional.

 

[Team Canada]

Thank you for your quick response @alok4best.

It's just sad that there's no way out. If her point is deducted from what qualified me to be eligible, I'm not sure I would have up to 67 points. My point alone was 65 points. I wish there's a way I can go about it without taking her along but as it is, I think she has won.

 

[engrted]

My case is similar as it's not exactly the same.
I and my spouse are heading for divorce as well. We are yet to land in Canada but we have our COPR already and is expiring in August. If I travel alone b4 expiration of our visa and come back after I have gotten my PR card to do the divorce in my country "Nigeria"
1, will I be able to travel back without a problem?
2, will her inability to obtain her own PR status affect my immigration process in future like becoming citizen?
3, After divorce, do I need need to notify immigration authority that my status have changed?
4, Will I be able to sponsor a new spouse immediately after submitting my divorce paper?
5, will my present wife I'm planning to divorce stii be able to enter Canada with her expired visa if she choose to go ahead?

Additional Info:
She added 5 points to my point during the assessment stage
I funded the whole processes
Now we have COPR that is expiring in few months

She has done so many terrible things that I can't talk about in public, that;s why we've both decided to go our separate ways but I if I should allow her to travel with me and obtain the PR status, it means I would have to wait like one or two years before I can get divorce, that's why i'm considering doing it in my country since the marriage is two years old already.

Please help...

am not gonna be a pastor but neither will i be immigration consultant but just an advise......you and ur wife should settle.
see all the success u have achieved with her....especially the canada PR.
U guys can do it....2years old marriage is normally under pressure in nigeria....when u guys go to canada which is more family oriented ....u guys will grow old together.
forget the terrible things she has done, you too have done yours maybe in secret. i wish you luck because you need........ leave pride and forgive......

 

[engrted]

Me(principal applicant) and husband immigrated to Alberta/Canada from Srilanka in October 2015 under skilled worker category. We are heading for divorce. We gave our marriage registration from Srilanka for immigration application. My spouse is soon gonna go back to his home country and will not return to Canada.

1) My plan is to file for divorce in Srilanka (our home country, where the marriage happened). Alberta law requires you to be here for 1 year before you can file for divorce. Will the divorce certificate from srilanka be sufficient in Alberta? Or do I need to wait for 1 year and file for divorce in Canada? At that point, will my husband's absence in the country create issues for the divorce procedure?

2) My husband is jobless. Since I was the principal applicant, will I be responsible to pay for his expenses before or after divorce, incase he chooses to comeback to Canada later? How long will I need to do so?

Additional info, just in case you need this.
The points that were used for qualifying for immigration were all mine.

your husband is jobless hmmmmmm

You and your spouse must also have been separated for at least 12 months before applying for a divorce. Once your divorce is final there is a time limit of 12 months to apply to the court for property settlement or spousal maintenance.

 

[Team Canada]

am not gonna be a pastor but neither will i be immigration consultant but just an advise......you and ur wife should settle.
see all the success u have achieved with her....especially the canada PR.
U guys can do it....2years old marriage is normally under pressure in nigeria....when u guys go to canada which is more family oriented ....u guys will grow old together.
forget the terrible things she has done, you too have done yours maybe in secret. i wish you luck because you need........ leave pride and forgive......

Thank you for your input @ engrted, really appreciate your concern.

 

[alok4best]

Thank you for your quick response @alok4best.

It's just sad that there's no way out. If her point is deducted from what qualified me to be eligible, I'm not sure I would have up to 67 points. My point alone was 65 points. I wish there's a way I can go about it without taking her along but as it is, I think she has won.

I don't think it's about winning or losing. After all you claimed points on her, so she also has stake in the entire PR application process.
I think the most sensible decision for both of you would be to come to a compromise and just land together.

If you think that reconciliation is totally not a possibility, then you can both go your separate ways the very next day of landing.
It's a win-win situation for both. You both become PRs and get a chance to live life the way you want.
In addition, even if she does not land with you, you can land alone and become a PR. Her COPR will simply expire if she does not land within the time frame given by CIC. In this case, you become PR and she loses it.

However, it will reflect poorly if one of you are not ready to postpone divorce until then.
Also, I am not judging or anything, but I think it will be immoral on your part to deny her a chance to land and become a PR in Canada.

I hope something works out between the 2 of you.

 

[jcurtsy]

Thank you for all the replies.

What would be the procedure (paper work) to get my divorce from Srilanka accepted in Alberta?
Which office should I go to? I hope there is no need to file a fresh divorce application in Canada.

Ref: I read the following in the FAQ session of albertacourts.ca/resolution-and-court-administration-serv/family-justice-services .

Question: I was divorced outside of Canada. Can I register my divorce with the court here?
Answer: No. If your divorce order includes custody, access or support, then those parts of the divorce can be registered and enforced here. But, there is no need to register an out of country divorce with the Alberta court.

Can someone explain what does it mean by "no need" to register divorce in Alberta court. How do I let the govt know that I am divorced?

 

[Anya12]

I'm in a same situation...it's very frustrating to know that we have to wait for one year to file a divorce..my husband wants to separate from me..will I loose my PR we landed under mpnp program. We are here for now about 6months.can uanyone tell me will I loose my PR if he gets divorce from me?
Can we file a divorce after one year but instead of getting separate after one year.can we sign a separation agreement now and get divorce after one year?
Please advice me what can I do?
Jcurthy- what steps did you take for your divorce procedure cos I'm too from srilanka.

 

[PMM]

Hi

I'm in a same situation...it's very frustrating to know that we have to wait for one year to file a divorce..my husband wants to separate from me..will I loose my PR we landed under mpnp program. We are here for now about 6months.can uanyone tell me will I loose my PR if he gets divorce from me?
Can we file a divorce after one year but instead of getting separate after one year.can we sign a separation agreement now and get divorce after one year?
Please advice me what can I do?
Jcurthy- what steps did you take for your divorce procedure cos I'm too from srilanka.

1. No, you won't lose your PR status.
2. You just have to be separated for 1 year to file for divorce in Canada.

 

[canadamyplace]

Thank you for your quick response @alok4best.

It's just sad that there's no way out. If her point is deducted from what qualified me to be eligible, I'm not sure I would have up to 67 points. My point alone was 65 points. I wish there's a way I can go about it without taking her along but as it is, I think she has won.

I suggest you both travel immediately. She may even change seeing the good life in canada.