should I apply right nowor after divorce.

[smith2]

Dear seniors,

Thank you in advance for your help.
I'm maried with five-year old kid and I wanna get divorce because things got complecated. So I decided to immigrate to Canada and settle there and bring my child later like after 10 yearsor so. My questions are :

1. Should I apply for express entry now and mention that my wife and child won't be coming with me because of the divorce OR should I get the divorce first and then apply to avoid confusion?

2. Is being divorced with the fact that I have to pay for child support in my country will affect my appliance for permanent residency?

3. Will I be asked to provide anything about my child support before landing in Canada?

4. What if I applied while still married and decide to not bring my family with me anymore?
the process ofdivorce take up to 16 months here!!!!

Thank you for your help

 

[yiso91]

Dear seniors,

Thank you in advance for your help.
I'm maried with five-year old kid and I wanna get divorce because things got complecated. So I decided to immigrate to Canada and settle there and bring my child later like after 10 yearsor so. My questions are :

1. Should I apply for express entry now and mention that my wife and child won't be coming with me because of the divorce OR should I get the divorce first and then apply to avoid confusion?

2. Is being divorced with the fact that I have to pay for child support in my country will affect my appliance for permanent residency?

3. Will I be asked to provide anything about my child support before landing in Canada?

4. What if I applied while still married and decide to not bring my family with me anymore?
the process ofdivorce take up to 16 months here!!!!

Thank you for your help

1. to make things simple in your application , get a divorce first so this way IRCC would process your application with ease without getting into too much confusions.
2. No it won't. As long as the divorce paper state how much you will pay and that you got sufficient money to pay for it , which IRCC will consider as some sort of a debt. Make sure you POF is enough to move out alone and that's very important for PR.
3. If your application is approved on it's merit no one will ask you when doing landing. However, you might be sent an ADR to further clarify your situation , usually asking you to fill IMM5669 (background declaration)
4. Then it's fine. you will list them as non-accompanying and you can get a divorce later on once you land in Canada. It would be highly advisable not to start your divorce process till you get your COPR and start landing process, this way you will avoid getting delayed or asked for more information

I hope everything goes well with you and Goodluck

 

[smith2]

1. to make things simple in your application , get a divorce first so this way IRCC would process your application with ease without getting into too much confusions.
2. No it won't. As long as the divorce paper state how much you will pay and that you got sufficient money to pay for it , which IRCC will consider as some sort of a debt. Make sure you POF is enough to move out alone and that's very important for PR.
3. If your application is approved on it's merit no one will ask you when doing landing. However, you might be sent an ADR to further clarify your situation , usually asking you to fill IMM5669 (background declaration)
4. Then it's fine. you will list them as non-accompanying and you can get a divorce later on once you land in Canada. It would be highly advisable not to start your divorce process till you get your COPR and start landing process, this way you will avoid getting delayed or asked for more information

I hope everything goes well with you and Goodluck

First and foremost, Thank you so much for your time and help. I really appreciate it.

If I get you right, I should start the process and mention that my spouse and child will not accompany me. But I heard that I should provide funds for them too. I can only prove the funds for me only. I also don't understand this sentence:
Include your spouse or dependent children even if they're not coming to Canada with you!
Does this apply for my 5 yeas kid too??

To recap, the best approach is to stay married and get the divorce once I settle in Canada, right?

 

[yiso91]

First and foremost, Thank you so much for your time and help. I really appreciate it.

If I get you right, I should start the process and mention that my spouse and child will not accompany me. But I heard that I should provide funds for them too. I can only prove the funds for me only. I also don't understand this sentence:
Include your spouse or dependent children even if they're not coming to Canada with you!
Does this apply for my 5 yeas kid too??

To recap, the best approach is to stay married and get the divorce once I settle in Canada, right?

To last paragraph, yes.

As for proof of funds read here : https://www.canada.ca/en/immigratio...nada/express-entry/documents/proof-funds.html . You will need to have enough funds even if they are non-accompanying , not sure why does it matter anyway but that's what IRCC says on their website.

 

[Peacekeeper87]

Hmm. A situation with many options and multiple variables to consider.
I agree with @yiso91 . Wait for divorce to come through so that processing will not run the risk of being shaken by a sudden change of situation like a divorce happening in the middle. Moreover, if you get PR approval and divorce comes into effect before landing, you'll have to give back your passport and CoPR for re-approval. So waiting till divorce is finalised removed these hassles. For POF, you indeed need to have funds for your whole family size, even if they're not coming with you.

However, one thing I'd like to add which is often very much overlooked, is the matter of medical exam... Remember that all your dependents will need to undergo a medical exam, regardless of whether they're accompanying you or not. That means that in your case, if you apply after the divorce, your children will have to undergo a medical exam, and if they're above 18, provide Police reports.

Now depending on your relationship after the divorce, and who gets custody of the children, it might not be a problem for some.
But in many instances, the one who gets custody isn't cooperative. So maybe applying before the divorce wouldn't be such a bad idea if you think divorce would cause an issue regarding medicals and PCC.

 

[smith2]

Hmm. A situation with many options and multiple variables to consider.
I agree with @yiso91 . Wait for divorce to come through so that processing will not run the risk of being shaken by a sudden change of situation like a divorce happening in the middle. Moreover, if you get PR approval and divorce comes into effect before landing, you'll have to give back your passport and CoPR for re-approval. So waiting till divorce is finalised removed these hassles. For POF, you indeed need to have funds for your whole family size, even if they're not coming with you.

However, one thing I'd like to add which is often very much overlooked, is the matter of medical exam... Remember that all your dependents will need to undergo a medical exam, regardless of whether they're accompanying you or not. That means that in your case, if you apply after the divorce, your children will have to undergo a medical exam, and if they're above 18, provide Police reports.

Now depending on your relationship after the divorce, and who gets custody of the children, it might not be a problem for some.
But in many instances, the one who gets custody isn't cooperative. So maybe applying before the divorce wouldn't be such a bad idea if you think divorce would cause an issue regarding medicals and PCC.

Thank you for the advice. Unfortunately, I won't have enough funds for 3 members. As I said I can only provide proofs of funds for myself. As for the child custody, the woman always gets the custody here, but as you said, my wife is an evil and wicked woman and she won't let me undergo the medical exam for the child which makes the divorce first as the best approach. But how long should the medical exam lasts. Is it okay if I take my child to the doctor to conduct the medical exam before starting the device which will take at least 7 months???

if the medical exams last for one year it would be great??

Thank you for the support!!

 

[smith2]

To last paragraph, yes.

As for proof of funds read here : https://www.canada.ca/en/immigratio...nada/express-entry/documents/proof-funds.html . You will need to have enough funds even if they are non-accompanying , not sure why does it matter anyway but that's what IRCC says on their website.

Thank you in advance for your time.

According to the link above, when I will be divorced, my kid will be considered as a dependent child, right? If so,I have to make a funds proof for 2 people which reachs up to $15,772, right??

To recap, in case of divorce first, I must have enough funds for me and my son even if he's not coming with me? and a medical exam?? right??

 

[yiso91]

Thank you for the advice. Unfortunately, I won't have enough funds for 3 members. As I said I can only provide proofs of funds for myself. As for the child custody, the woman always gets the custody here, but as you said, my wife is an evil and wicked woman and she won't let me undergo the medical exam for the child which makes the divorce first as the best approach. But how long should the medical exam lasts. Is it okay if I take my child to the doctor to conduct the medical exam before starting the device which will take at least 7 months???

if the medical exams last for one year it would be great??

Thank you for the support!!

Yes medical last for one year but if it did expire while application being processed , then ircc will ask you to re do it

 

[yiso91]

Thank you in advance for your time.

According to the link above, when I will be divorced, my kid will be considered as a dependent child, right? If so,I have to make a funds proof for 2 people which reachs up to $15,772, right??

To recap, in case of divorce first, I must have enough funds for me and my son even if he's not coming with me? and a medical exam?? right??

That depends on the terms of the divorce , if custody is with mother then your kid isnt a dependent anymore and hence you pay child support which is a direct subside to help his mother pays for the rest of his expenses

 

[smith2]

That depends on the terms of the divorce , if custody is with mother then your kid isnt a dependent anymore and hence you pay child support which is a direct subside to help his mother pays for the rest of his expenses

yes, the woman always gets the custudy and the man pay the child support!!
If I get you right, if I proved that she will get a monthly child support to support the kid, then he would not be a dependent, hence, I will have to prove financial suficiency for myself only, right??

 

[smith2]

Yes medical last for one year but if it did expire while application being processed , then ircc will ask you to re do it

if I pay the monthly child support, I will have the right to see my son, once a week, therefore, I will be able to conduct the medical search, which is great and solves the medical exam issue!

Thanks alot!!!!

 

[yiso91]

yes, the woman always gets the custudy and the man pay the child support!!
If I get you right, if I proved that she will get a monthly child support to support the kid, then he would not be a dependent, hence, I will have to prove financial suficiency for myself only, right??

No you can't establish this if the court decision is made in her favor and that child support is clearly stated to be paid by you. There is nothing you can do to change this.

However, once you are divorced and she got the custody as per the court decision then she and your kid aren't your dependents anymore beacuse she holds attorney powers over him till he reach age of majority in your country/state.

 

[yiso91]

if I pay the monthly child support, I will have the right to see my son, once a week, therefore, I will be able to conduct the medical search, which is great and solves the medical exam issue!

Thanks alot!!!!

Also , You should have access to his legal documents to conduct these tests , however you would need her consent since she is his legal guardian. This can be solved with a bit of strategy, you need to get these documents (at least his original passport) to do medical test. How you get them is up to you , make sure you don't get caught

 

[canuck78]

If you state that your child is no longer your dependent you can never sponsor them in the future. You still have partial custody. What you really need to do is file for divorce and only include your child as non-accompanying. Your child will still have to do a medical exam. Canada is expensive. would encourage you to save a bit more money.

 

[canuck_in_uk]

That depends on the terms of the divorce , if custody is with mother then your kid isnt a dependent anymore and hence you pay child support which is a direct subside to help his mother pays for the rest of his expenses

This is completely wrong. Custody does NOT determine if a child is a dependent or not. Even if the mother has full custody, the child is still a dependent.