+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

C

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
I had a query. My friend is in a certain situation. They, that is the husband & wife ( primary & secondary applicant respectively) have unfortunately decided to separate while their PR application is almost processed. Since for a mutual divorce they need to stay separate for 6 months before they can get the divorce certificate he is figuring out the best way forward for himself at this point. Wife isnt keen on going to Canada at all.

1. Can he submit only his passport for the COPR single entry visa? (Will it raise an issue that secondary candidate wife hasnt submitted passport)

2. Can the immigration officer have any issues that wife not accompanying during landing.

3. Should he inform CIC at this point itself with the divorce petition receipt which they will recieve on applying for a divorce which activates the 6 month separation period. Is that petition good enough for CIC to process his PR smoothly or will they hold it back till he gets the proper divorce certificate 6 months later?

Note: CRS points are not decreasing of the primary applicant by removing the wife, infact it increases by 1 point (in relation to the draw cut off primary had recieved ITA)
@legalfalcon please guide
Thanks!
1. No. If the family composition changes, it is an obligation of the PA to inform IRCC.

2. No.

3. A well drafted LoE with the proof that the divorce petition has been filed can be sent to remove the souse from the application. The current COPR will be cancelled and a new one will be issued after the criminality and determination of the documents is done.
 

Mike@2019

Hero Member
Oct 13, 2019
815
250
I had a query. My friend is in a certain situation. They, that is the husband & wife ( primary & secondary applicant respectively) have unfortunately decided to separate while their PR application is almost processed. Since for a mutual divorce they need to stay separate for 6 months before they can get the divorce certificate he is figuring out the best way forward for himself at this point. Wife isnt keen on going to Canada at all.

1. Can he submit only his passport for the COPR single entry visa? (Will it raise an issue that secondary candidate wife hasnt submitted passport)

2. Can the immigration officer have any issues that wife not accompanying during landing.

3. Should he inform CIC at this point itself with the divorce petition receipt which they will recieve on applying for a divorce which activates the 6 month separation period. Is that petition good enough for CIC to process his PR smoothly or will they hold it back till he gets the proper divorce certificate 6 months later?

Note: CRS points are not decreasing of the primary applicant by removing the wife, infact it increases by 1 point (in relation to the draw cut off primary had recieved ITA)
@legalfalcon please guide
Thanks!
I guess it may be an issue if he had submitted a joint fund with her as POF.
 

Nikhil1010

Member
Apr 26, 2019
12
0
1. No. If the family composition changes, it is an obligation of the PA to inform IRCC.

2. No.

3. A well drafted LoE with the proof that the divorce petition has been filed can be sent to remove the souse from the application. The current COPR will be cancelled and a new one will be issued after the criminality and determination of the documents is done.
Thanks a lot @legalfalcon
 
Last edited:

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,915
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Thanks a lot @legalfalcon

So in my opinion the best option would be that if he can convince her to submit her passport as well with his to VFS for the single entry COPR now

He lands alone in Canada and gets his PR card. And then 6-7 months later (around July) he can update CIC about his separation with a copy of his divorce certificate.

Kindly guide if this sounds right to you

And then he lands alone in Canada
If you land in Canada, there is no need to inform, as by then the application is approved and closed.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,204
Visa Office......
London
App. Filed.......
06/12
Thanks a lot @legalfalcon

So in my opinion the best option would be that if he can convince her to submit her passport as well with his to VFS for the single entry COPR now. Paralely, file for mutual divorce immediately

He lands alone in Canada and gets his PR card. And then 6-7 months later he can update CIC about his separation with a copy of his divorce certificate he will be able to obtain then

Kindly guide if this sounds right to you
That is immigration fraud. They have decided to divorce, therefore the wife is NOT a dependent and must be removed.
 
  • Like
Reactions: k.h.p.

k.h.p.

VIP Member
Mar 1, 2019
8,801
2,249
Canada
They must inform IRCC of the decision to divorce. They cannot continue to process PR as a married couple while actively divorcing. If the husband lands as a married person while knowing he is divorced that is marriage fraud.
 

Nikhil1010

Member
Apr 26, 2019
12
0
They must inform IRCC of the decision to divorce. They cannot continue to process PR as a married couple while actively divorcing. If the husband lands as a married person while knowing he is divorced that is marriage fraud.
Calling it Fraud is bit too farfetched at this stage. We are trying to reconcile them, they are upset, distraught all of that jazz.
Also simply because if they hey do go ahead and file for a divorce in a week or two and then the official marriage certificate would be recieved by him only post 7 months and he is due to get his golden mail anytime now.

So to inform now to CIC,he has no document, thus he will be treated as a married man logically right?
Also, instead of rolling out his PPR mail, IRCC will delay his file further.
 
Last edited:

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,204
Visa Office......
London
App. Filed.......
06/12
Calling it Fraud is bit too farfetched at this stage. We are trying to reconcile them, they are upset, distraught all of that jazz.
Also simply because if they hey do go ahead and file for a divorce in a week or two and then the official marriage certificate would be recieved by him only post 7 months and he is due to get his golden mail anytime now.

So to inform now to CIC,he has no document, thus he will be treated as a married man logically right?
Also, instead of rolling out his PPR mail, IRCC will delay his file further.
No, not far-fetched. You stated that they plan to divorce.

IRCC won't treat him as married if he informs them that he is now legally separated and planning to divorce.