Cancel Ex-Wife's PR and Sponsorship of Current Wife and Child

[rahulsood]

Im seeking advice.
September 2015 we were granted the PR for my then wife, and shortly following that, Janurary 2016 we filed for divorce.
I have not yet contacted the CIC office and reported a change in my marital status, and my ex-wife's pr is still valid.

I want to apply for the sponsorhip of my current partner and her 4 year old child.

Cancellation of my ex-wife's pr is an obvious step, however, how much time should i wait to apply for the sponsorhip of my new wife and her kid?

Is this a relatively easy or a detailed case?

Seeking earnest advice.

 

[just a square]

Your ex-wife, did she get conditional PR?

 

[rahulsood]

It said it is only valid unless she stays with me together for two years.

So to answer your question, yes.

 

[scylla]

It's a complicated situation.

First of all, conditional PR is scheduled to go away. So even if you report the breakdown of your relationship to CIC, they may do nothing about it. Or they may investigate and allow your ex-wife to keep her PR status all the same. If any of these things happen, you won't be able to sponsor your new partner until three years have passed since your ex-wife landed (you will need to wait until your support obligations for your ex-wife run out). So you would be waiting until September or October of 2018 before you can submit the new application.

If CIC does decide to investigate your spouse and starts removal proceedings, this may take some time and you won't be able to start the sponsorship process for your new spouse until these proceedings are complete. So either way, you probably still have quite a while to wait.

When you apply to sponsor your new spouse, you will want to provide strong evidence to prove your relationship is real. CIC may be concerned that you got married again so quickly and you should expect your relationship to be reviewed quite closely.

 

[rahulsood]

Syclla Thank you.

Does this mean its better to not report the end of marriage, wait till this time, and then file for a fresh application some where in 2019?

 

[cheng9999]

Syclla Thank you.

Does this mean its better to not report the end of marriage, wait till this time, and then file for a fresh application some where in 2019?

This is a complicated issue, and it is best that you finalize your decision with professional advice/information. Either go to an immigration lawyer or CIC directly. If you go to CIC directly, note the time/date of the call, who you talked to, the details of the conversation, etc. as evidence. If you write, that's even better so you would have written proof that you did something on this issue and did not have any intention to misrepresent yourself.

This is mainly how to handle Condition 51, whether it would be seen as misrepresentation for your future sponsorship cases. Acting on information/advice you get here without further investigation is not the best course of action. No one here is an expert or licensed professional in immigration matters.

I am not suggesting anything, but you do realize that by going to CIC your ex-wife may potentially lose her PR and get deported. If you do this, the least you can do is to tell her, so she can get prepared for this possible outcome instead of her getting sudden notice to get deported. Whether CIC does take away the PR would be up to them though.

The next thing is that no matter the reason or situation, you will not be able to sponsor until after 3 years of your ex-wife's landing as there is this period of undertaking. Check the CIC website for more details. So anyway, you have time to figure out what you need to do.

Finally, as other posters mentioned, your divorce after such a short time after landing can be a potential red flag. Just put yourself in the shoes of a case officer, and how can you say there is no suspicion of motive.

 

[rahulsood]

thank you cheng999 and to the other forum members you offered their insight.

although my ex-wife is not in Canada, she never was as she returned as soon as it was granted, and the marriage broke due to different reasons, i feel informing CIC of the change myself is still the correct course of action to begin with.

 

[canuck_in_uk]

thank you cheng999 and to the other forum members you offered their insight.

although my ex-wife is not in Canada, she never was as she returned as soon as it was granted, and the marriage broke due to different reasons, i feel informing CIC of the change myself is still the correct course of action to begin with.

You are required to inform IRCC of the marriage breakdown. However, with the impending elimination of Condition 51, it is unlikely that your ex's PR status will be revoked.