kuljeetsingh said:
Hi, I got permanent residence of Canada on the basis of Federal skilled Worker Visa. I was principle applicant for this case. As a PR I entered to Canada in May, 2011 and started to live in Toronto. My wife as a PR entered in Canada in June, 2011 and started to live in Vancouver with her aunt. I came back from Canada to my home country (India) in Dec 2011. Since then I am living in my home country alone. And my wife is living in Vancouver since June, 2011. Means we are living separate for almost 2 years. Now I want that my wife should come and live in India with me. But she wants to live in Canada. Now the case is, neither she gives me divorce nor she comes to India to live with me. Now I want either divorce or I want that Canada government should deport her to India as I was the principle applicant in our Federal skilled Worker Visa so that she can live with me. Can anybody help me to get divorce or to get her deported to India. And for this I am ready to surrender my PR of Canada. I wanna follow legal ways for divorce. But the law of India will not help me because she is in Canada now. Can government of Canada help me in this regard. I will be highly grateful if anybody can tell me some way...Thanx..Kuljeet
The government of Canada cannot help you at all in this matter, IMO.
Unless PR is gained through spousal sponsorship (in which case both parties must remain together for at least 2 years) then a spouse is a completely independently landed immigrant. They have their own, independent, PR status and independent residency obligations.
You can't force your wife to move to another country if she does not want to. And the Canadian government have no legal grounds to deport your wife as long as she meets her residency obligations (stays in Canada 2 years out of every 5 in order to renew PR), unless it can be proven she had no intention of staying with you when she landed - in which case she gained PR fraudulently as an accompanying spouse, but this would be very, very difficult to prove.
If your wife has no intention of coming back with you or staying with you, IMO your best option would be to amicably attempt to sort a divorce out with your wife. I am unsure of the laws in India, but I know in the UK one can file for divorce after 2 years of separation.
But why do you want to surrender your PR? Why apply for PR in the first place if you have no intention of living in Canada? Seems an awful waste of a visa.
Wayne.