Divorce after landing

[jaffaral]

Hello everyone

There is a girl that I love. She is my fiancé. Now the thing is girl did not want to marry that early but being from an arrange marriage culture her parents forced her to marry.

After our engagement we decided to talk over phone/whatsapp and though I felt that she also started loving me but she still does not wanna marry that early and she tried to break up with me so that she can support her family but her family convince her not too. So she came back to me and I excepted her with open arms.

Now the thing scares me is that after 6 months I will apply for EE and based on current trend I will highly likely get an ita. What if she lands in Canada and thn ask for divorce? Can she get right away or being my dependent she needs to wait. I m sure if there is a waiting period of 2 years our relationship will become strong

In my country it is not easy for a girl to get a divorce neither would I ever divorce her. But I m scared that she can ask for it (in Canada where laws usually favor women) out of her desire to support her family because she may think that as I wife she has responsibilities towards her husband and she can't fulfill her responsibilities towards family so it's better to divorce me.

 

[DelPiero07]

The two year rule was abolished earlier this year and it only applied for spousal sponsorship.

No effect if you divorce after obtaining PR.

 

[mf4361]

Hello everyone
... she can ask for it (in Canada where laws usually favor women) out of her desire to support her family because she may think that as I wife she has responsibilities towards her husband and she can't fulfill her responsibilities towards family so it's better to divorce me.

IANAL, but I don't think it works like that in Canada. The laws applies equally towards men and women. Women can ask for divorce just as much men can. And I am no relationship expert or counselor , but I think it's important to talk to her frankly how she thinks. Nothing good from guessing

As @DelPiero07 spouse PR condition was only applicable to spousal PR stream so nobody loses PR status if divorce. I don't think IRCC even tracks divorce after landing and PR case is closed

 

[lieudefroid]

Yes, Canadian laws do not allow abuse of children or family members and strongly support women who want to be independent from "loveless" and/or abusive marriages. It can be difficult for young people (both men and women) from other societies to cope with a sudden exposure to a more equal and individualistic society.

Why do you think she will apply for divorce after coming to Canada?

What are the 'responsibilities to husband' that you are saying? Is it financial? Do you expect her to give her earnings to you?
There are no "responsibilities to husband" here in Canada. It is a voluntary decision by women to choose what they want to do. You can't restrict her freedom and choice.

Are you restricting the freedom of your wife?
Are you allowing her to do what she wants?
Is "what she wants" different from "what you want" and if so, how are you coming to an agreement? (It has to be by discussion and not by force, verbal or non-verbal).

Immigration is a big decision and both of you need to be in a place where you both want it for similar reasons and both trust each other. Divorce is expensive in Canada. Talk to her with open mind and get some mutual agreements before you take this big step.

 

[BillHyatt]

The new legislation protects rights of spouse and therefore will not cancel PR due to divorce.

However, keep one thing in mind that the new legislation still allows authorities to revoke PR on the ground of Misrepresentation or Fraud after PR is granted and even revoke Citizenship on these grounds if it doesn't make a person stateless.

Therefore, in the worse scenario if your wife file a divorce and ever claimed that her marriage was done forcefully or under pressure then remember it is a serious offence and is consider an act of Fraud in Canada which may lead to your PR under threat not her.

So hopefully you two stay together forever however make decisions with mutual consent.

 

[chikoo1985]

Hello everyone

There is a girl that I love. She is my fiancé. Now the thing is girl did not want to marry that early but being from an arrange marriage culture her parents forced her to marry.

After our engagement we decided to talk over phone/whatsapp and though I felt that she also started loving me but she still does not wanna marry that early and she tried to break up with me so that she can support her family but her family convince her not too. So she came back to me and I excepted her with open arms.

Now the thing scares me is that after 6 months I will apply for EE and based on current trend I will highly likely get an ita. What if she lands in Canada and thn ask for divorce? Can she get right away or being my dependent she needs to wait. I m sure if there is a waiting period of 2 years our relationship will become strong

In my country it is not easy for a girl to get a divorce neither would I ever divorce her. But I m scared that she can ask for it (in Canada where laws usually favor women) out of her desire to support her family because she may think that as I wife she has responsibilities towards her husband and she can't fulfill her responsibilities towards family so it's better to divorce me.

I am no expert but as I have read on various forums, you both will have independent PR and divorce won't factor in for anything, means both will get to keep the PR status even after divorce (please double check).

Now, here a simple rule I have understood in life so far. If you love someone, let the person do what they want. If s/he also loves you they will come back no matter what. If they don't come back even then it's good because forced relation will never work in long term and by the time both realize this time has been already far gone. Don't worry and hope for best. Do what she likes but make sure you don't go so out of the way that you find yourself in mess. Even if she divorces you after PR (which I hope that doesn't happen) accept it and move on, you are not loosing much but may earn respect from her and what if this leads her to come back and see the real picture. Relationship is like a spring which you can stretch up to limited level after that it will loose the strenght. I know it's easy to say all this but that's the way life is.

I hope things workout good for you and her. God bless!

 

[jaffaral]

Yes, Canadian laws do not allow abuse of children or family members and strongly support women who want to be independent from "loveless" and/or abusive marriages. It can be difficult for young people (both men and women) from other societies to cope with a sudden exposure to a more equal and individualistic society.

Why do you think she will apply for divorce after coming to Canada?

What are the 'responsibilities to husband' that you are saying? Is it financial? Do you expect her to give her earnings to you?
There are no "responsibilities to husband" here in Canada. It is a voluntary decision by women to choose what they want to do. You can't restrict her freedom and choice.

Are you restricting the freedom of your wife?
Are you allowing her to do what she wants?
Is "what she wants" different from "what you want" and if so, how are you coming to an agreement? (It has to be by discussion and not by force, verbal or non-verbal).

Immigration is a big decision and both of you need to be in a place where you both want it for similar reasons and both trust each other. Divorce is expensive in Canada. Talk to her with open mind and get some mutual agreements before you take this big step.

Well I m not restricting any ones freedom nor am I forcing her to marry. It's her parents! I out of my love am willing to accept her. It was just a concern that what if she may be using me as her entry to Canada? I am raising funds for her so that she can pursue her masters in Canada. So what if after her admission she initiates divorce proceedings. I have given her freedom to choose whatever she wants but still there is that fear factor in me. Tbh I have heard countless cases like that where one spouse utilized other for his/her gain and unfortunately most of them involve woman utilizing man and I don't want to be a victim of such incidents.

I have lived in Canada for 5 years but unfortunately could not convert my temporary stay into a permenant one and I feel based on my profile now is the best chance. So that's why I created this topic.

Anyways guys thanks a lot for your responses. it clears lot of mud

 

[jaffaral]

Just one more question!

We need to do landing after getting PR visa stamped. Can she do it without me if I m the primary applicant. Because I know once landed she would be considered as an independent immigrant.

I am planning to delay the landing so that I can see in which direction relationship is heading or I may land myself and later make her land.

I already have 1 year or residency time out of 5 years means I only need to complete 2/5 years. I think it is enough time to make a stronger bond

 

[chikoo1985]

Just one more question!

We need to do landing after getting PR visa stamped. Can she do it without me if I m the primary applicant. Because I know once landed she would be considered as an independent immigrant.

I am planning to delay the landing so that I can see in which direction relationship is heading or I may land myself and later make her land.

I already have 1 year or residency time out of 5 years means I only need to complete 2/5 years. I think it is enough time to make a stronger bond

If she has been on the application as a secondary applicant/dependent as married then she has to do the landing with you after COPR if you have mentioned in you application that she will be accompanying you and then next you both will get SIN, PR etc... but PR card delivery may take up to 2-3 months.

 

[OdinNguyen]

Well I m not restricting any ones freedom nor am I forcing her to marry. It's her parents! I out of my love am willing to accept her. It was just a concern that what if she may be using me as her entry to Canada? I am raising funds for her so that she can pursue her masters in Canada. So what if after her admission she initiates divorce proceedings. I have given her freedom to choose whatever she wants but still there is that fear factor in me. Tbh I have heard countless cases like that where one spouse utilized other for his/her gain and unfortunately most of them involve woman utilizing man and I don't want to be a victim of such incidents.

I have lived in Canada for 5 years but unfortunately could not convert my temporary stay into a permenant one and I feel based on my profile now is the best chance. So that's why I created this topic.

Anyways guys thanks a lot for your responses. it clears lot of mud

It is your call. You can choose to believe her or not. I know a lot of cases where women just fool men to get the PR. That's why you should marry the one with the same background and education as you.

P/S: This is not the love experts forum, lol.

 

[hamgha]

P/S: This is not the love experts forum, lol.

LOL!
The only valid fear I guess is that when the case is "re-studied" IRCC might suspect that the marriage and divorce were just done to get PR and so both parties can immigrate.

Just one thing to clarify you said

Hello everyone

after 6 months I will apply for EE and based on current trend I will highly likely get an ita.

then you say

I already have 1 year or residency time out of 5 years means I only need to complete 2/5 years. I think it is enough time to make a stronger bond

 

[crescent_jam]

Well I m not restricting any ones freedom nor am I forcing her to marry. It's her parents! I out of my love am willing to accept her. It was just a concern that what if she may be using me as her entry to Canada? I am raising funds for her so that she can pursue her masters in Canada. So what if after her admission she initiates divorce proceedings. I have given her freedom to choose whatever she wants but still there is that fear factor in me. Tbh I have heard countless cases like that where one spouse utilized other for his/her gain and unfortunately most of them involve woman utilizing man and I don't want to be a victim of such incidents.

I have lived in Canada for 5 years but unfortunately could not convert my temporary stay into a permanant one and I feel based on my profile now is the best chance. So that's why I created this topic.

Anyways guys thanks a lot for your responses. it clears lot of mud

Oh dear. I understand your concerns and issues, mate. As a lot of persons here have already said, all you can do is have a frank, open discussion with her, and then the decision will lie with you regarding whether you trust her not to use you, and are willing to risk it.

I'm pretty sure once she lands and becomes a PR, she will be free to divorce you if she wants to, with no implications with regard to her immigration status. (There may also be financial implications for you if she divorces you, as she may be entitled to some of your assets, but I can't speak to this as I'm not versed in Canadian Divorce Laws).

Where I come from, unfortunately, both women and men commonly use others to gain residency or citizenship in other countries, especially the US, Canada, and the UK. If you love her, it may just be a risk you have to take. Marriage will always come with a risk - one can never TRULY know what is in the heart or mind of their partner. You're putting your heart in someone else's hands and trusting them to take care of it. Unfortunately, partners don't always do that and, as none (or very few ) of us are clairvoyant, the options are to either just take the leap of faith, or to just never be in a serious relationship.

But open discussion and communication about your concerns is the best way, right now, to try to address the problem.

One option you might want to consider though, if you're not averse to a long distance relationship, is to apply for PR with spouse non-accompanying, then wait for a year or two to get a better handle on the stability of the relationship (although long-distance isn't exactly conducive to stability) before applying for spousal sponsorship. Although not ideal, that would at least buy you some time to better figure out your spouse's intentions, without you having to give up the current opportunity of getting PR for yourself...

 

[jaffaral]

Dear all thank you very much for the concern and the advises. I will keep your advises in my mind. God bless all of u

 

[scylla]

I already have 1 year or residency time out of 5 years means I only need to complete 2/5 years.

No - you don't have 1 year of residency. For the PR residency requirement, you can only start counting days after you land and actually become a PR. You have zero days.

 

[jaffaral]

No - you don't have 1 year of residency. For the PR residency requirement, you can only start counting days after you land and actually become a PR. You have zero days.

Dear Scylla

I meant that my marriage would take place in 6 months time and by the bill c6 would become a law. According to which a person needs to be present in Canada for 3 years out of 5. If person has spent some time as a temporary resident say on student or work permit then each day would be counted as a half day for up to maximum of 1 year. In my case I have spent 5 years in Canada 2 years on study permit and 1 year on PGWP