Martial status change from married to divorce after COPR

[Bharathkven]

Hi all,
I applied for express entry With martial status as married and non accompanying spouse.
After receiving ITA only we decided to get divorced and applied for the same legally
Currently our case is pending in court and I have updated CIC about the same.
Now is that I have received my COPR with martial status as married and expiry date as 5-dec-18. I will not be able to land in Canada before end of November due to work.
It is expected that my divorce case will be finalised by end of October.
After updating CIC about my martial status change should I wait for their reply and get a updated COPR or can I land in Canada with the same COPR and show the necessarydocuments to the immigration officials
Kindly advise

 

[zardoz]

Hi all,
I applied for express entry With martial status as married and non accompanying spouse.
After receiving ITA only we decided to get divorced and applied for the same legally
Currently our case is pending in court and I have updated CIC about the same.
Now is that I have received my COPR with martial status as married and expiry date as 5-dec-18. I will not be able to land in Canada before end of November due to work.
It is expected that my divorce case will be finalised by end of October.
After updating CIC about my martial status change should I wait for their reply and get a updated COPR or can I land in Canada with the same COPR and show the necessarydocuments to the immigration officials
Kindly advise

You will need to keep IRCC updated. They *may* want you to return the COPR after the divorce to update it, or given that it doesn't change your overall outcome, they may permit you to land but notifying CBSA at the port of entry of your status change. Either way, you need to take instructions from them. Don't guess...

 

[Bharathkven]

@zardoz
Thanks for your response.
Since my COPR expires by 5-dec. what needs to be done/ whom should I contact if CIC doesn’t respond within one month after the document update.

 

[zardoz]

@zardoz
Thanks for your response.
Since my COPR expires by 5-dec. what needs to be done/ whom should I contact if CIC doesn’t respond within one month after the document update.

Just keep sending urgent Case Specific Enquiry messages. If you get no answer, all you can do is complete the landing but make absolutely sure that you inform CBSA at the POE and that they have recorded the information. In that situation, they may decline your landing, pending further investigation, so you will need to plan for an extended period of staying in Canada while it's sorted out. This is a last-resort case however.

 

[Rmate]

URGENT GUYS
My wife and I have recently received COPR. We are having issues and divorce seems inevitable. I am the main applicant and wish to remove her from the application.
1. What happens to my COPR? do they recalculate my score based on the points related to that time?
2. Do I need a valid official document to remove her or just inform them of the circumstances?
Please help me find out. I'm really frustrated

 

[zardoz]

URGENT GUYS
My wife and I have recently received COPR. We are having issues and divorce seems inevitable. I am the main applicant and wish to remove her from the application.
1. What happens to my COPR? do they recalculate my score based on the points related to that time?
2. Do I need a valid official document to remove her or just inform them of the circumstances?
Please help me find out. I'm really frustrated

You should immediately contact IRCC via the Case Specific Enquiry system (webform) and let them know that your circumstances have changed. Do NOT attempt to land as a PR until you have been told what to do.

 

[King.bill]

URGENT GUYS
My wife and I have recently received COPR. We are having issues and divorce seems inevitable. I am the main applicant and wish to remove her from the application.
1. What happens to my COPR? do they recalculate my score based on the points related to that time?
2. Do I need a valid official document to remove her or just inform them of the circumstances?
Please help me find out. I'm really frustrated

Complete your landing immediately as the main applicant. Sort out your marital situation after.

 

[zardoz]

Complete your landing immediately as the main applicant. Sort out your marital situation after.

That's inappropriate advice, for two reasons.
1) it's misrepresentation.
2) the OP doesn't want their spouse to be landed. If the OP doesn't land, the dependant can't either.

 

[King.bill]

That's inappropriate advice, for two reasons.
1) it's misrepresentation.
2) the OP doesn't want their spouse to be landed. If the OP doesn't land, the dependant can't either.

I disagree.
1. Misrepresentation - The couple is still legally married until a divorce. "Intention" to file divorce is not reasonable grounds for misrepresentation.
2. Exactly! The principal applicant will jeopardize the whole application in attempt to get his/her partner off the application. It's best to land and then part ways.

 

[zardoz]

I disagree.
1. Misrepresentation - The couple is still legally married until a divorce. "Intention" to file divorce is not reasonable grounds for misrepresentation.
2. Exactly! The principal applicant will jeopardize the whole application in attempt to get his/her partner off the application. It's best to land and then part ways.

Legally married BUT essentially "separated". That is considered as a change in circumstances.

 

[King.bill]

Legally married BUT essentially "separated". That is considered as a change in circumstances.

I am not gonna argue, divorce is a lengthy and complicated process at least in United States and very likely Canada. Both options are open to OP, he can follow your advice and end up in a complicated situation or just forget the differences until finishing landing and part ways for good.

 

[canuck78]

I am not gonna argue, divorce is a lengthy and complicated process at least in United States and very likely Canada. Both options are open to OP, he can follow your advice and end up in a complicated situation or just forget the differences until finishing landing and part ways for good.

Anticipate scrutiny if soon after landing you separate or never live together in Canada.

 

[King.bill]

Anticipate scrutiny if soon after landing you separate or never live together in Canada.

I will believe you if you can point to one single case where PR was revoked, whether failure to stick to province or marriage of convenience or anything. Note my words "revoked".
Scrutiny of individual applications is absolute waste of federal dollars let alone the risk it creates to settlement and integration of newcomers. I am not favoring misrepresentation but there is a grey area. If you look in to history of immigration scams, CBSA is only interested in busting major scams which can create a financial or economic risk like the quebec investor or PEI investor abuse.
This individual by not declaring that the couple may get divorced is not committing any crime or violating any federal immigration law.

 

[Rmate]

Thanks mates
Your comments are very helpful coz Im very confused at the moment
I may stick with the option of landing together and sorting things out later
I have not found any specific info on how IRCC will react upon such a situation
But would u plz let me know what happens if I inform them of our legal divorce? any impact on my entry visa or copr?

 

[canuck78]

I will believe you if you can point to one single case where PR was revoked, whether failure to stick to province or marriage of convenience or anything. Note my words "revoked".
Scrutiny of individual applications is absolute waste of federal dollars let alone the risk it creates to settlement and integration of newcomers. I am not favoring misrepresentation but there is a grey area. If you look in to history of immigration scams, CBSA is only interested in busting major scams which can create a financial or economic risk like the quebec investor or PEI investor abuse.
This individual by not declaring that the couple may get divorced is not committing any crime or violating any federal immigration law.

If you divorce right after landing it will be assumed you did not update your status before landing. Then you could run into problems if you want to sponsor another spouse or when you go to apply for citizenship. When you lie once every subsequent application will be scrutinized more closely. CIC is only asking for honesty and in this case it sounds like they have already decided separation will happen.