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Divorce after PR issuance

justry007

Member
Nov 22, 2014
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Hi All ,

Can someone let me know what happens to the PR status of a spouse if the spouse is divorced during the process of the PR and /or after PR is issued?Even if the spouse is divorced when he/she will be in Canada, does spouse's PR hold good ?

Thanks,

Client ..
 

O_guy

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Aug 11, 2013
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justry007 said:
Hi All ,

Can someone let me know what happens to the PR status of a spouse if the spouse is divorced during the process of the PR and /or after PR is issued?Even if the spouse is divorced when he/she will be in Canada, does spouse's PR hold good ?

Thanks,

Client ..
This webpage can answer your question http://canadianimmigrant.ca/news-and-views/cic-announces-new-spousal-sponsership-regulations
 

jes_ON

VIP Member
Jun 22, 2009
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justry007 said:
Hi All ,

Can someone let me know what happens to the PR status of a spouse if the spouse is divorced during the process of the PR and /or after PR is issued?Even if the spouse is divorced when he/she will be in Canada, does spouse's PR hold good ?
If it was a legitimate marriage and there are no concerns about marriage fraud -

divorce while in process - you must inform CIC, and your ex-spouse is removed from the application (does not get PR).
divorce after you become a PR (after landing) - ex-spouse is already a PR, remains a PR... no effect.
 

O_guy

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Aug 11, 2013
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jes_ON said:
divorce while in process - you must inform CIC, and your ex-spouse is removed from the application (does not get PR).
divorce after you become a PR (after landing) - ex-spouse is already a PR, remains a PR... no effect.
This is not accurate at all. There is immigration law passed over a year ago which says if the marriage ends within 2 years of obtaining the PR, the spouse will lose the PR unless there was abuse in the marriage. The 2-year law does not apply to couples who have children together at the time of obtaining the PR or couples who have been married for less than 2 years. You can read about this rule here: http://www.cic.gc.ca/english/information/protection/fraud/marriage.asp
 

zardoz

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Feb 2, 2013
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O_guy said:
This is not accurate at all. There is immigration law passed over a year ago which says if the marriage ends within 2 years of obtaining the PR, the spouse will lose the PR unless there was abuse in the marriage. The 2-year law does not apply to couples who have children together at the time of obtaining the PR or couples who have been married for less than 2 years. You can read about this rule here: http://www.cic.gc.ca/english/information/protection/fraud/marriage.asp
I'm sorry but you are incorrect.
The rule (Condition 51) is applied if (you have no children together and you have been in a formal relationship for two years or less) on the date that your application is received by CIC. http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp
 

jes_ON

VIP Member
Jun 22, 2009
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Pre-Assessed..
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06-May-2010
AOR Received.
13-Aug-2010
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01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
O_guy said:
This is not accurate at all. There is immigration law passed over a year ago which says if the marriage ends within 2 years of obtaining the PR, the spouse will lose the PR unless there was abuse in the marriage.
That is for spouses sponsored under family class applications. Spouses on economic class applications are co-applicants, the are not "sponsored."