after getting PR card, divorce issue, does it make any impact?

[nikosyozzer]

@Nisso - can you clarify your position and what it is you are asking as your thread makes not sense.

Have you landed and are a PR but are getting a divorce? Please elaborate clearly so the forum can advise.

Thanks

 

[Nisso]

Sorry I sent you this by mistake , thank you

 

[shivm21]

well a friend of mine is facing a similar issue
need advise guys!
she being the principal applicant is facing problems with spouse and has filled non accompanying spouse in her OINP application and received AOR recently, nomination pending though... expected maybe by DEC
all i need to know is how can she avoid interference of her spouse in her case.... like if she files a legal separation case now, in what all matters will the spouse presence and spouse approvals required (they hav a 5 year old son)
guys help... she is real trouble

 

[Leon]

well a friend of mine is facing a similar issue
need advise guys!
she being the principal applicant is facing problems with spouse and has filled non accompanying spouse in her OINP application and received AOR recently, nomination pending though... expected maybe by DEC
all i need to know is how can she avoid interference of her spouse in her case.... like if she files a legal separation case now, in what all matters will the spouse presence and spouse approvals required (they hav a 5 year old son)
guys help... she is real trouble

Applying for PR while separating, especially with a kid, can be difficult. When she applies for PR, if she claims her status as married and spouse not accompanying, they will require her spouse to have medicals and background checks. If her spouse is deemed inadmissible, so will she. If her spouse refuses to cooperate, she can't immigrate. If she writes separated and can prove that she is actually separated, she may be able to exclude her spouse from her application. Note that if she does that and her spouse does not get medicals, she will never be able to sponsor him in the future if they get back together. As for the child, she can not immigrate with the child unless she has either full custody of him and can prove it or her spouse approves of her immigrating. What does her spouse want? Would he like to immigrate too? If he does, it may be easier for the immigration process to put their problems on hold and delay the separation until after they get PR.

 

[shivm21]

Applying for PR while separating, especially with a kid, can be difficult. When she applies for PR, if she claims her status as married and spouse not accompanying, they will require her spouse to have medicals and background checks. If her spouse is deemed inadmissible, so will she. If her spouse refuses to cooperate, she can't immigrate. If she writes separated and can prove that she is actually separated, she may be able to exclude her spouse from her application. Note that if she does that and her spouse does not get medicals, she will never be able to sponsor him in the future if they get back together. As for the child, she can not immigrate with the child unless she has either full custody of him and can prove it or her spouse approves of her immigrating. What does her spouse want? Would he like to immigrate too? If he does, it may be easier for the immigration process to put their problems on hold and delay the separation until after they get PR.

thanx for the response Leon
well!! i guess her spouse is not ready to accompany her or support her for anything.... so what i feel from ur reply is getting separation is better... few doubts though.... even if she writes separated in her cic application i.e. EE appln and informs the OINP about change in personal information.... though legal papers of separation not in her hand (only copy of filed case n summons), even then she'll get the medical of the spouse????
she understands the sensitivity of the case and want to go ahead so not involving her spouse in future is not an issue...
also what all changes will she need to make in her application and documents once changed the status to seperated????

 

[Leon]

thanx for the response Leon
well!! i guess her spouse is not ready to accompany her or support her for anything.... so what i feel from ur reply is getting separation is better... few doubts though.... even if she writes separated in her cic application i.e. EE appln and informs the OINP about change in personal information.... though legal papers of separation not in her hand (only copy of filed case n summons), even then she'll get the medical of the spouse????
she understands the sensitivity of the case and want to go ahead so not involving her spouse in future is not an issue...
also what all changes will she need to make in her application and documents once changed the status to seperated????

So in that case, there are two problems.

1) She must get her husband removed from her file. I do not know if immigration will do this just on her word that they are separated or if they want some proof. Immigration realizes that separated couples may get back together, however, if they allow her to exclude her husband from her application and he does not get medicals, she can never sponsor him.

2) She must show full custody of her child and that she has no legal barrier to taking him out of the country or failing that, her husband must agree and allow for her to get PR for their child. Otherwise the child can not get PR.

If her husband is not willing to help in any way, getting a legal separation and full custody of the child would be the only way for her to go forward.

 

[shivm21]

thanx so much for the response
cleared a lot of doubts
a few still pertain though!!!
kindly see along the passage in red ink


1) She must get her husband removed from her file. I do not know if immigration will do this just on her word that they are separated or if they want some proof. Immigration realizes that separated couples may get back together, however, if they allow her to exclude her husband from her application and he does not get medicals, she can never sponsor him.
till date the status in her application is non accompanying spouse.... should she change it asap... what happens if she let it be non accompanying spouse only instead of legally separated and puts forward her case...what all formalities is she likely to face apart from spouse medical??? will her husband be called for interview as well???..

2) She must show full custody of her child and that she has no legal barrier to taking him out of the country or failing that, her husband must agree and allow for her to get PR for their child. Otherwise the child can not get PR.
child is a minor, does it still require legal formalities done to attain his custody????

If her husband is not willing to help in any way, getting a legal separation and full custody of the child would be the only way for her to go forward.

thanx so much for the help

 

[Leon]

till date the status in her application is non accompanying spouse.... should she change it asap... what happens if she let it be non accompanying spouse only instead of legally separated and puts forward her case...what all formalities is she likely to face apart from spouse medical??? will her husband be called for interview as well???..

child is a minor, does it still require legal formalities done to attain his custody?Huh

If she lets her application go forward with a non accompanying spouse, they will want the immigration forms from the spouse too so they can do his background checks and they will require his medicals. Should the ex husband refuse, it will stop her application until she can remove him. If they have no hope of reconciling, she might as well write separated now and try to get legal proof of it before they ask her for it.

If the child was not a minor, there would be no reason to rule on his custody because he can take care of himself. However, exactly because he is a minor, it is necessary to decide legally which parent he should live with. Immigration Canada will not help a mother kidnap her child from a joint custody with a father if the father is opposed. Therefore, unless the father allows her to immigrate to Canada with their son, she has to show full legal custody and no barriers to taking him out of the country. Otherwise, he will also be listed as not accompanying, can not get PR and will have to stay behind in their home country.

 

[shivm21]

If she lets her application go forward with a non accompanying spouse, they will want the immigration forms from the spouse too so they can do his background checks and they will require his medicals. Should the ex husband refuse, it will stop her application until she can remove him. If they have no hope of reconciling, she might as well write separated now and try to get legal proof of it before they ask her for it.

If the child was not a minor, there would be no reason to rule on his custody because he can take care of himself. However, exactly because he is a minor, it is necessary to decide legally which parent he should live with. Immigration Canada will not help a mother kidnap her child from a joint custody with a father if the father is opposed. Therefore, unless the father allows her to immigrate to Canada with their son, she has to show full legal custody and no barriers to taking him out of the country. Otherwise, he will also be listed as not accompanying, can not get PR and will have to stay behind in their home country.

well thanxs so much...
that's been a great piece of info u've provided and almost all her doubts are clarified...
she thinks of taking a chance though and go with non accompanying spouse and further since medical of her spouse will come, he will not go for it and case may get complicated, she understands that, but poor fellow has no other choice... all i wanted to know was will it effect her and her sons PR... i mean that all custody papers and background check etc can be done for her husband n thts not a problem since she has all his(spouse) documents but it sounds a little illogical that medical of non accompanying spouse will be asked for...
what i believe is that if the non accompanying spouse is not going for medical they can make it a case sensitive inquiry but cant deny her n her son's PR... am i guiding her correctly... kindly advice...

 

[Leon]

well thanxs so much...
that's been a great piece of info u've provided and almost all her doubts are clarified...
she thinks of taking a chance though and go with non accompanying spouse and further since medical of her spouse will come, he will not go for it and case may get complicated, she understands that, but poor fellow has no other choice... all i wanted to know was will it effect her and her sons PR... i mean that all custody papers and background check etc can be done for her husband n thts not a problem since she has all his(spouse) documents but it sounds a little illogical that medical of non accompanying spouse will be asked for...
what i believe is that if the non accompanying spouse is not going for medical they can make it a case sensitive inquiry but cant deny her n her son's PR... am i guiding her correctly... kindly advice...

So she plans to fill out all background information for her husband without his knowledge? She plans to sign for him too? Because this would be a forgery and if immigration ever finds out, she stands to lose her PR.

Same with the child.. she plans to forge her husband signature on custody papers or her child's application, it's a forgery. If she then leaves with the child and husband wants to know how she got his PR and contacts immigration saying he never signed those forms, she's in trouble. A PR gained by lies and forgeries can be revoked.

A medical of a non-accompanying spouse or child will be asked for because they want to rule out that a dependent would be an excessive demand on Canada's health care.

This is because a non-accompanying dependent can be sponsored later at which time excessive demand is not considered. So in fact, if a person who is already PR or a citizen marries a person or has a baby who is disabled or sick and whose treatment is costly, immigration can not stop them from sponsoring this dependent.

However, when a person who is not a PR is applying for PR with their family, immigration will say that if one person in the family is inadmissible, then the whole family is. So if one member of the family is sick or disabled and their treatment is costly, they refuse the whole family.

This is why they require medicals for non-accompanying spouses and children, because otherwise, if you know your dependent would not pass medicals, you would simply list them as not accompanying and then sponsor them later.

So for that reason, if she lists her husband as not accompanying, they will ask for his medicals and they will not let her immigrate unless she either provides them or unless she lists herself as separated, provides proof of separation and gets her husband removed from her file.

 

[shivm21]

So she plans to fill out all background information for her husband without his knowledge? She plans to sign for him too? Because this would be a forgery and if immigration ever finds out, she stands to lose her PR.

Same with the child.. she plans to forge her husband signature on custody papers or her child's application, it's a forgery. If she then leaves with the child and husband wants to know how she got his PR and contacts immigration saying he never signed those forms, she's in trouble. A PR gained by lies and forgeries can be revoked.

A medical of a non-accompanying spouse or child will be asked for because they want to rule out that a dependent would be an excessive demand on Canada's health care.

This is because a non-accompanying dependent can be sponsored later at which time excessive demand is not considered. So in fact, if a person who is already PR or a citizen marries a person or has a baby who is disabled or sick and whose treatment is costly, immigration can not stop them from sponsoring this dependent.

However, when a person who is not a PR is applying for PR with their family, immigration will say that if one person in the family is inadmissible, then the whole family is. So if one member of the family is sick or disabled and their treatment is costly, they refuse the whole family.

This is why they require medicals for non-accompanying spouses and children, because otherwise, if you know your dependent would not pass medicals, you would simply list them as not accompanying and then sponsor them later.

So for that reason, if she lists her husband as not accompanying, they will ask for his medicals and they will not let her immigrate unless she either provides them or unless she lists herself as separated, provides proof of separation and gets her husband removed from her file.

gosh!!!!! never thought about that
well in that case what do u suggest... m speechless :-X

 

[Leon]

gosh!!!!! never thought about that
well in that case what do u suggest... m speechless :-X

Look at my reply from September 4th. She has two options. Either she gets separated now, applies without her husband and gets full legal custody of her son or she makes up with her husband and the whole family immigrates together.

 

[shivm21]

Look at my reply from September 4th. She has two options. Either she gets separated now, applies without her husband and gets full legal custody of her son or she makes up with her husband and the whole family immigrates together.

thanx Leon
great help
i really wish things work out for my buddy...

 

[Gulgul]

Me and my wife got canadian PR through express entry system in 2019 though she was already residing in canada on work permit after finishing her studies. I just landed here 2 weeks ago with my 5 year old son and found out that she is not interested in living with me anymore. Would it effect my PR status if we split? Can anyone plz help me replying this.thanks.

 

[armoured]

Me and my wife got canadian PR through express entry system in 2019 though she was already residing in canada on work permit after finishing her studies. I just landed here 2 weeks ago with my 5 year old son and found out that she is not interested in living with me anymore. Would it effect my PR status if we split? Can anyone plz help me replying this.thanks.

Short form, no, it should not affect your PR status.