Thank you so much for responding to my questions I appreciate it a lot. U mean can we separate before completing one year ?and file the divorce? Since we are new to here it's difficult to maintain 2house hold expenses es. Is it possible to live under the same roof and in 2bedrooms and get separated?PMM said:
Divorce after landing
- Thread starter jcurtsy
- Start date
Hello, i am in a similar situation as above, but not quit. my wife is the primary applicant and I applied along with her. We got our COPR in Nov 2017 and expiring in Aug 2018. We are landing in May 2018. However, somewhere down the line, our marital situation has changed and we have decided to divorce. Both of us agree to land first and only then look at the process of divorce. I have secured a job at a small town in ON and she wants to move to Toronto. We have a 5 year old daughter. She has agreed to stay with me till she gets a decent job in Toronto. My questions are:
1) Since we are landing as a couple, i believe it will be perfectly legal to do so even though we plan to divorce in a few months. We have been married for about 8 years.
2) Lets say my wife gets a job in Toronto in a couple of months, can we file for divorce immediately after that?
Thanks.
1) Since we are landing as a couple, i believe it will be perfectly legal to do so even though we plan to divorce in a few months. We have been married for about 8 years.
2) Lets say my wife gets a job in Toronto in a couple of months, can we file for divorce immediately after that?
Thanks.
Ok:
1. Yes you have to inform CIC if you get divorced before landing. And same as for marriage you would have to return your COPR and you will be issued a new one. I just think it would be much faster. And of course whoever is a dependant would loose his or her visa since it will no longer belong to that application as a family member
2. No you are not responsible for your spouse (if you land before you divorce) in the sense of an immigration burden. You did not sponsor her (you were immigrating as a family).
But you need to check if and what law would apply to you as a permanent resident in Canada, when it comes supporting your spouse after divorce (especially if you have a good salary but your spouse has none). But of course same thing goes with the law of your country (which needs to be checked).
3. And no you will not loose points if you divorce before landing. Because same like with marriage after AOR. IF there is a family composition change (which divorce is unlike non accompanying spouse), they cannot recalculate your points.
1. Yes you have to inform CIC if you get divorced before landing. And same as for marriage you would have to return your COPR and you will be issued a new one. I just think it would be much faster. And of course whoever is a dependant would loose his or her visa since it will no longer belong to that application as a family member
2. No you are not responsible for your spouse (if you land before you divorce) in the sense of an immigration burden. You did not sponsor her (you were immigrating as a family).
But you need to check if and what law would apply to you as a permanent resident in Canada, when it comes supporting your spouse after divorce (especially if you have a good salary but your spouse has none). But of course same thing goes with the law of your country (which needs to be checked).
3. And no you will not loose points if you divorce before landing. Because same like with marriage after AOR. IF there is a family composition change (which divorce is unlike non accompanying spouse), they cannot recalculate your points.
1. No, not legal. You are getting a divorce, so your marriage is over and you are no longer a dependent. If you land as a PR, you will both be committing misrepresentation. While it may not be found out right away, it is very possible that your fraud will cause problems down the line, such as when applying for Canadian citizenship.
