After Seperation Spouse Can Co-Sign until Divorce Judgment Not Done ?

[harjahluwalia]

My Question is : After Seperation Spouse Can Co-Sign until Divorce Judgment Not Done ?
Please Reply Soon at : ahluwalia1983@gmail.com

 

[scylla]

Co-sign what? You'll need to provide more information if you want a reply.

 

[screech339]

Assuming this is for your parent sponsorship. Why would an soon to be ex be on the hook for 20 year financial obligation for your parents PR. See where I am going with this?

You need to provide more information than just say co-sign.

Screech339

 

[harjahluwalia]

IT IS PARENTS SPONSORSHIP. SHE IS AGREED UNTIL DIVORCE.

NOW I got a letter from CIC regarding final decision. They want confirm my income period 30 Sep to 2012 to 30 Sep 2013.
MY SEPARATION DATE IS 1 MAY 2012.
AND DIVORCE DATE IS 21 NOV 2013.

I talked to my ex-wife. She give me a favor if this is eligible ? After divorced she got remarried Jan 2014.

My question is : Is she can co-sign before Divorce Date. She is agreed. She never claim me a spousal support.
2nd question if she width her consent as a co-sign. will she dependent on my income. she will count a member before divorce.

 

[zardoz]

If you are now divorced, I am not convinced that she is now eligible to still be a co-signer, as she is no longer related to you as a spouse or common-law partner. You must immediately update CIC of the change in your marital circumstances. Failure to do so will probably result in you being investigated for misrepresentation, the PR application will fail and it will all have been for nothing.

 

[screech339]

As Zardoz mentioned, it is not going to work as she is no longer your spouse thus ineligible to be your co-signer. She would have been eligible if she was not divorced at the time of your parents' landing as PR. Since you are no longer married and she is not your spouse, the status has changed since PR processing is in play. Plus you have not informed CIC of your status at time of divorce. You could be charged for misrepresentation due to "being married" at time of your parent's landing, when you are, in fact, divorced. CIC would view your inaction to inform of your martial status as an attempt to undermine the PR process and hope CiC doesn't notice you actually no longer qualify due to not meeting LICO requirements, including the initial LICO requirement qualification. When your ex remarried, she basically voided her contract as co-signer as only spouses/common law can be legal co-signer. She is no longer a co-signer when your parents start landing as PR.

If your ex spouse's income is needed to qualify for income LICO requirements, you are seriously jeopardizing your parents PR as your income no longer meet LICO requirements.

Screech339

 

[harjahluwalia]

I am asking Before Divorce final. My Divorce is on 21 Nov 2013. CiC want verify Sep 2012 to Sep 2013. That Time was separation period.

 

[zardoz]

If you are NOW divorced, she is ineligible to be a co-signer, regardless of the information that CIC is requesting. You must immediately update CIC of your CURRENT marital status and that you are NOW divorced.

 

[screech339]

I am asking Before Divorce final. My Divorce is on 21 Nov 2013. CiC want verify Sep 2012 to Sep 2013. That Time was separation period.

Don't think it matters. Your ex basically voided her contract as a co-signer. She is no longer your co-signer by the time your parents lands.

Because you seems to want to get around the loophole and determined to get your parents PR regardless of your status. Did you even inform CIC that you are officially divorced? Yes or No?

Screech339

 

[canadianwoman]

You want to include your spouse's income while you were separated but not yet divorced for the LICO requirements. If you do not meet LICO without her income afterwards, it is irrelevant: you won't be able to sponsor, and will have to start a new sponsorship once you have enough income. If you do have enough income after the divorce, and just need her income for that short time (while you were separated but not divorced) to meet LICO, it is probably OK to use her income before you were divorced.
She cannot cosign anymore, though.

 

[harjahluwalia]

i am asking before divorce ? She can yes or no !!!!

in the Separation Period.

 

[zardoz]

i am asking before divorce ? She can yes or no !!!!

in the Separation Period.

In your case, NO!!!
You MUST now inform CIC that you are divorced.

 

[screech339]

In your case, NO!!!
You MUST now inform CIC that you are divorced.

Good Cartoon to illustrate the point.

+1

 

[screech339]

http://www.cic.gc.ca/english/information/applications/guides/5772ETOC.asp

As per guide for parent sponsorship.

Updating your contact information

During the application process, you must advise us of any change of address or telephone number. You can do this by going to Change of address or by consulting the How to contact CIC section at the end of this guide.


Note: If your personal situation changes (for example change of marital status, (YOU ARE NOW DIVORCED) birth of a child, or you wish to withdraw your sponsorship, etc.) after you have submitted your application, you must contact us.

 

[canadianwoman]

CIC wants a confirmation of your income from September 30, 2012, to September 30, 2013. This is before you got divorced. So send in the confirmation of your income. Include your ex-wife's income (if you need it for the LICO requirements, which I presume you do). Then state you and your wife got divorced on November 21, 2013, so after that date only your income is counting for LICO, and your ex-wife is no longer a cosigner. Then see what happens.

If CIC accepts this, and you have sufficient income afterwards, great. If CIC does not accept this, then no visa will be issued. If you do not send in the info, then the visa will be refused. If you do not tell CIC you got divorced, they will find out, and the visa will be refused.

The point is, CIC asked you to send them information. If you do not, they will not issue the visa. So you might as well try. Do not lie, though, because misrepresentation causes more problems. As the previous poster noted, you have to inform CIC that your marital status has changed.