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Need help - Getting separated before landing to Canada

Amansethi86

Star Member
Jan 31, 2021
52
0
If you have already filed for divorce you should not be landing as married. In the COPR it does indicate that you need to advise IRCC of the change in your family composition.
Thanks for your prompt response.
One query, that if my COPR and visa stamped expires during divorce finalisation , how can I travel to canada
 

canuck78

VIP Member
Jun 18, 2017
55,595
13,525
Thanks for your prompt response.
One query, that if my COPR and visa stamped expires during divorce finalisation , how can I travel to canada
You don't have to wait until your divorce is finalized. If you have proof that divorce process has started and proof that you are living separate lives there is a good chance you will be given a new COPR with a new expiry date. The expiry date of a COPR is ties to your medical.
 

Amansethi86

Star Member
Jan 31, 2021
52
0
You don't have to wait until your divorce is finalized. If you have proof that divorce process has started and proof that you are living separate lives there is a good chance you will be given a new COPR with a new expiry date. The expiry date of a COPR is ties to your medical.
Thanks for such a concrete information, only thing is in India that court provides 6 months to both parties for finalisation of divorce. In case , both parties mutually agreed to stay again after 6 months. Basically, can I inform CIC when divorce is finalized or when divorce is filed.
 

canuck78

VIP Member
Jun 18, 2017
55,595
13,525
Thanks for such a concrete information, only thing is in India that court provides 6 months to both parties for finalisation of divorce. In case , both parties mutually agreed to stay again after 6 months. Basically, can I inform CIC when divorce is finalized or when divorce is filed.
Provide proof of what you can plus proof of leading separate lives like proof of your own living arrangements, proof that you have removed your spouse from documents like insurance policies for example or that are listing yourself as single. You can only provide what you can provide.
 

Amansethi86

Star Member
Jan 31, 2021
52
0
Provide proof of what you can plus proof of leading separate lives like proof of your own living arrangements, proof that you have removed your spouse from documents like insurance policies for example or that are listing yourself as single. You can only provide what you can provide.
I suggest that I can land canada with children, have pr card, come back ,will show my wife as non accompanying at that time . When divorce is finalised, I will share the documents then to ircc. Please correct if I am wrong
 

armoured

VIP Member
Feb 1, 2015
17,286
8,890
I suggest that I can land canada with children, have pr card, come back ,will show my wife as non accompanying at that time . When divorce is finalised, I will share the documents then to ircc. Please correct if I am wrong
If I understand correctly, at landing you have to sign your COPR with a statement that your family composition has not changed - you are required at that point to advise them.

So (subject to comments from others with more experience) the simplest route may be to arrive and advise of the change at that point and provide whatever documents you can. (The question I have is whether you need to do so before travelling and whether that's practical, and honestly I don't know)
 
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Amansethi86

Star Member
Jan 31, 2021
52
0
If I understand correctly, at landing you have to sign your COPR with a statement that your family composition has not changed - you are required at that point to advise them.

So (subject to comments from others with more experience) the simplest route may be to arrive and advise of the change at that point and provide whatever documents you can. (The question I have is whether you need to do so before travelling and whether that's practical, and honestly I don't know)
Yes, I want to say that until and unless final divorce certificate will not come in my hands, my family composition will not changed. I will be written married till then also.
Please confirm
 

armoured

VIP Member
Feb 1, 2015
17,286
8,890
Yes, I want to say that until and unless final divorce certificate will not come in my hands, my family composition will not changed. I will be written married till then also.
Please confirm
No, again not an expert - but I believe if you land you MUST say your family composition has changed. The lack of a final legal disposition of your divorce/separation doesn't mean it's not true.

Also: apart from your spouse not being able to immigrate, for you to tell the truth (that you're separated, family composition has changed) is not to your advantage nor potential improper advantage to a third party (your ex-spouse). That makes it far less likely that IRCC or anyone else would think you misrepresented (to gain an advantage).

Beyond this if you have questions you may need to consult a lawyer - there are legal system differences that I'm not qualified to comment on. But generally in Canada the substance (actual change in family) would dominate over the form (receipt of final divorce decree, for example).
 
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armoured

VIP Member
Feb 1, 2015
17,286
8,890
Yes, I want to say that until and unless final divorce certificate will not come in my hands, my family composition will not changed. I will be written married till then also.
Please confirm
A perhaps dumb question - have you checked that you will be able to travel? ie you know which travel exemption you and your children qualify under?
 

Amansethi86

Star Member
Jan 31, 2021
52
0
A perhaps dumb question - have you checked that you will be able to travel? ie you know which travel exemption you and your children qualify under?
Hi, I already got an exception travel approval in extended family member for myself. Being children as an infant, I have not applied for them for travel.

Please suggest what can I do
 

canuck78

VIP Member
Jun 18, 2017
55,595
13,525
Yes, I want to say that until and unless final divorce certificate will not come in my hands, my family composition will not changed. I will be written married till then also.
Please confirm
You are required to inform IRCC that your family composition has changed before landing or that would be considered misrepresentation. If you ever want to sponsor another spouse if you have misrepresented when you were separated and landed as married this will cause you issues. You can't arrive in Canada and declare that you have separated from your spouse and will be getting a divorce. You won't be able to land as a PR and will be only allowed to enter as a visitor. You must contact IRCC via webform and indicate that your family composition has changed plus any proof you have. It is indicated on your COPR and is not optional.