hi seniors pls enlighten, I am married and from an asian country that does not recognize divorce, I am now about to apply for PR. however, I dont want my spouse to be included in my application because weve separated 5 years ago but not yet annuled/divorced. can i just apply divorce here in Canada so she will not be included in my application? will cic recognize the divorce since my application will be within canada? thank you for your input.
caregiver Pr application
- Thread starter legs
- Start date
crystarclear
Star Member
- Oct 2, 2017
- 179
- 113
- Category........
- FAM
- App. Filed.......
- 09-12-2017
- Doc's Request.
- 26-01-2018
- AOR Received.
- 24-01-2018
- LANDED..........
- 06-11-2018
Hi, I know someone going through the same as you.
Yes, you can file for divorce here in Canada eventhough your home country wouldn’t recognize it. I heard it takes about 6 months to process for a simple divorce, it may also take longer depending on how complicated your situation with your ex-husband is.
It would be better for you to wait for your divorce to be finalized before you send in the PR application as to have no complications about having to sponsor your ex-husband.
I’m just not sure if CIC will “fully” recognize the divorce if it’s only done in Canada. I also don’t know if you have to file for legal separation or annulment in your home country to be recognized in both sides. Maybe other senior members and experts regarding the matter may be able to pitch in.
Yes, you can file for divorce here in Canada eventhough your home country wouldn’t recognize it. I heard it takes about 6 months to process for a simple divorce, it may also take longer depending on how complicated your situation with your ex-husband is.
It would be better for you to wait for your divorce to be finalized before you send in the PR application as to have no complications about having to sponsor your ex-husband.
I’m just not sure if CIC will “fully” recognize the divorce if it’s only done in Canada. I also don’t know if you have to file for legal separation or annulment in your home country to be recognized in both sides. Maybe other senior members and experts regarding the matter may be able to pitch in.
thanks for the reply. thats what im thinking, i should file a divorce in canada before i submit my PR application. Hope seniors can clarify on this. thank you so much.
Yes you can file for divorce in Canada. I think you must have lived here for at least 1 year first (not entirely sure on the rules).
Once the divorce is finalized in Canada, that's all you need to do to be legally divorced. You can then re-marry anyone after that. It's just the divorce will not be recognized in your home country, so you couldn't get married again in your home country. But to Canada it's fine.
There is no need to wait for divorce to finalize before applying for PR. If you simply start the divorce process, then in your own PR app you can include proof of this and that you would like your ex-spouse excluded from your PR application.
hi thank you so much for your reply. But i read somewhere that she also needs to go the medicals or background checks if we are not divorced or annulled? what if divorced granted first before I apply my PR? thank you
No, as I said if you include evidence you've started the divorce, and an affidavit that you're separated and never wish to sponsor her, then she can be excluded from your app meaning she won't need to do medicals or anything.
