Urgent guidance required

[arunskanda]

My daughter was married 14 months back, and during November 2017 my daughter and son in law started the process of immigration to Cannada through Kansas Consultancy India.Now last week they applied for divorce by mutual consent and they expect to get the divorce certficate by the third week of May 2019.
Respected Sir/Madam my query is can my son in law immigrate to Cannada before getting the divorce certificate as I believe he has already received the Invitation.My daughters name is mentioned as spouse in his passport. We do not know any details, as my son in laws family deceived my daughter by not mentioning her phone number and email id in the form as second applicant hence she never received any updates. Only last week during the filing of the divorce papers we came to know he getting the invite. Now they are pressuring my daughter to undergo the medical test and police verification as her name is mentioned as spouse in his passport . We are worried once we do this he may fly to Canada without honouring his word to stay back till the divorce through mutual consent is over.Our only request is he stay till the may 2019.
We urgently request you to kindly guide me to what steps I can take to protect my daughters future so as my son in law does not fly away before getting the divorce certificate.
Please help.

Aggrieved father
Arun

 

[ibtee]

My daughter was married 14 months back, and during November 2017 my daughter and son in law started the process of immigration to Cannada through Kansas Consultancy India.Now last week they applied for divorce by mutual consent and they expect to get the divorce certficate by the third week of May 2019.
Respected Sir/Madam my query is can my son in law immigrate to Cannada before getting the divorce certificate as I believe he has already received the Invitation.My daughters name is mentioned as spouse in his passport. We do not know any details, as my son in laws family deceived my daughter by not mentioning her phone number and email id in the form as second applicant hence she never received any updates. Only last week during the filing of the divorce papers we came to know he getting the invite. Now they are pressuring my daughter to undergo the medical test and police verification as her name is mentioned as spouse in his passport . We are worried once we do this he may fly to Canada without honouring his word to stay back till the divorce through mutual consent is over.Our only request is he stay till the may 2019.
We urgently request you to kindly guide me to what steps I can take to protect my daughters future so as my son in law does not fly away before getting the divorce certificate.
Please help.

Aggrieved father
Arun

So sorry to hear about your problem. Let's wait for the experts to respond. However, in my country, even if the husband refuses to honor the divorce process, the wife can approach court herself and obtain the divorce certificate. IMO, I don't think you're daughter should undergo medical and PCC because she is no longer going to Canada as a spouse. I would think that doing medical and PCC would actually complicate her future application in EE. Furthermore, the husband should inform CIC about change in his application to indicate that he's no longer married as it is misrepresentation.

 

[shah22393]

My daughter was married 14 months back, and during November 2017 my daughter and son in law started the process of immigration to Cannada through Kansas Consultancy India.Now last week they applied for divorce by mutual consent and they expect to get the divorce certficate by the third week of May 2019.
Respected Sir/Madam my query is can my son in law immigrate to Cannada before getting the divorce certificate as I believe he has already received the Invitation.My daughters name is mentioned as spouse in his passport. We do not know any details, as my son in laws family deceived my daughter by not mentioning her phone number and email id in the form as second applicant hence she never received any updates. Only last week during the filing of the divorce papers we came to know he getting the invite. Now they are pressuring my daughter to undergo the medical test and police verification as her name is mentioned as spouse in his passport . We are worried once we do this he may fly to Canada without honouring his word to stay back till the divorce through mutual consent is over.Our only request is he stay till the may 2019.
We urgently request you to kindly guide me to what steps I can take to protect my daughters future so as my son in law does not fly away before getting the divorce certificate.
Please help.

Aggrieved father
Arun

Hello Mr Arun,

I am extremely sorry for what you have to go through as a father.

Now coming to the point, first of all, I'd suggest you to contact IRCC from your application account and update them the status. Chances are they shall recalculate the points of the main applicant and re assess his file, which would take some time. Hopefully, till May 2019. I shall suggest you to upload all the documents related to divorce. Also, if your daughter doesn't choose to go through medical or PCC, the file would automatically not process, but not making things worse for your son in law, I'd suggest you to update IRCC about the change in the situation.

Coming to the fact that your daughter doesn't have any credentials, let's come to the process.

He'd have to go through PCC and medical first which would take around 1 month.( If your daughter chooses to delay it, it'd be better).

Once, that's done, CIC would evaluate and assess the application which can take anywhere from 1 week to 6 months depending on the case.

Then he shall receive Passport request, which takes around 10 days to get the visa stamped and receive. After that he can fly anytime within 6 months.

Your daughter's story is tragic, however, the short verdict is.

1) She delays her medical and PCC dates if she wants to help him fly

OR

2) She chooses not to appear and the file will not proceed further as she's still his spouse as per CIC.

Please, let me know if you have any questions.

 

[ishq74]

My daughter was married 14 months back, and during November 2017 my daughter and son in law started the process of immigration to Cannada through Kansas Consultancy India.Now last week they applied for divorce by mutual consent and they expect to get the divorce certficate by the third week of May 2019.
Respected Sir/Madam my query is can my son in law immigrate to Cannada before getting the divorce certificate as I believe he has already received the Invitation.My daughters name is mentioned as spouse in his passport. We do not know any details, as my son in laws family deceived my daughter by not mentioning her phone number and email id in the form as second applicant hence she never received any updates. Only last week during the filing of the divorce papers we came to know he getting the invite. Now they are pressuring my daughter to undergo the medical test and police verification as her name is mentioned as spouse in his passport . We are worried once we do this he may fly to Canada without honouring his word to stay back till the divorce through mutual consent is over.Our only request is he stay till the may 2019.
We urgently request you to kindly guide me to what steps I can take to protect my daughters future so as my son in law does not fly away before getting the divorce certificate.
Please help.

Aggrieved father
Arun

You are a very humble person indeed. If I was in your shoes I wouldn't have allowed my daughter to take part in medical test let alone the PCC. Your only way to stop him is not to participate in medical test and provide him PCC. Otherwise as a primary applicant he can fly next day after he receive his passport with stamp and COPR. I would suggest you to bargain with him in your favour. You can ask him to include your daughter as accompanying spouse in the application and provide him the medical and PCC with a condition that he must cooperate until they both land and receive the PR card. In this way your daughter will also be Canadian citizen in future. Otherwise He can wait until May 2019 and then go as single.

I wish all the best for your daughter.