+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Divorce and cancel PR

sukh910

Member
Jul 16, 2015
13
0
I recently got PR through CEC classes, I was the principle applicant on the file. My spouse and me got PR together, my spouse got landed around 2 month ago from home country first time. But have not got PR card. I want to divorce my spouse and want to cancel PR. Is it possible if I can cancel my spouse’s PR. ?
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
sukh910 said:
I recently got PR through CEC classes, I was the principle applicant on the file. My spouse and me got PR together, my spouse got landed around 2 month ago from home country first time. But have not got PR card. I want to divorce my spouse and want to cancel PR. Is it possible if I can cancel my spouse's PR. ?
One Word. No.
 

HarrySingh

Full Member
Jan 2, 2013
35
0
PR status is individual. NO one can cancel PR, but it can only elapse if individual do not satisfy the rules to keep the PR.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
sukh910 said:
Thanks for reply :)...... can i apply for divorce before getting PR card.......
The PR card is only a travel document really. It has no bearing on your PR STATUS. You can spend the rest of your life in Canada without a PR card but you will still be a Permanent Resident. It also has no effect on whether you can divorce or not. There are other laws that govern that.
 

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Once she landed, she became a permanent resident. You cannot change that now.

There is nothing stopping you from getting a divorce. Understand, however, that if CIC comes to suspect marriage fraud, then it would affect both of you.
 

ssg_86

Full Member
Jun 26, 2015
27
1
CICOtawa said:
She needs to stay with you, you may report your separation immediately to immigration even if you hasn't divorce yet.
CEC class is different from sponsorship class. CEC class does not have the 51 condition
 

sukh910

Member
Jul 16, 2015
13
0
if i divorce him, and get marry in India .... can I or he sponsor partner from india or have to wait for 5 years ...or this also does not apply on CEC class
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


sukh910 said:
if i divorce him, and get marry in India .... can I or he sponsor partner from india or have to wait for 5 years ...or this also does not apply on CEC class
Does not apply to CEC class.
 

Amisnic

Champion Member
Mar 28, 2014
1,155
47
Visa Office......
Sydney NS
NOC Code......
NOC 2133
App. Filed.......
30-04-2014
AOR Received.
22-05-2014
Med's Done....
20-03-2015
LANDED..........
02-06-2015
You can go nothing now


sukh910 said:
I recently got PR through CEC classes, I was the principle applicant on the file. My spouse and me got PR together, my spouse got landed around 2 month ago from home country first time. But have not got PR card. I want to divorce my spouse and want to cancel PR. Is it possible if I can cancel my spouse's PR. ?
 

hhafiz

Hero Member
Jan 29, 2012
546
4
Job Offer........
Pre-Assessed..
sukh910 said:
if i divorce him, and get marry in India .... can I or he sponsor partner from india or have to wait for 5 years ...or this also does not apply on CEC class
Five-year Sponsorship Bar apply for persons who were sponsored to come to Canada as a spouse or partner. See details in the link below:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp

Your initial part of the post is little confused. If you are PR and you applied for your spouse then that's mean your spouse was the principal applicant not you. Because you sponsored him......If this is right, then mean he is under conditional PR and at the time of PR renewal his PR can be revoke provided if you let CIC know about the facts being sponsor person. see the link below for details:

http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp
 

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
hhafiz said:
Five-year Sponsorship Bar apply for persons who were sponsored to come to Canada as a spouse or partner. See details in the link below:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp

Your initial part of the post is little confused. If you are PR and you applied for your spouse then that's mean your spouse was the principal applicant not you. Because you sponsored him......If this is right, then mean he is under conditional PR and at the time of PR renewal his PR can be revoke provided if you let CIC know about the facts being sponsor person. see the link below for details:

http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp
All of this information only applies to Family Class applicants, not Economic Class/CEC applicants. There is no "sponsorship" under CEC, the spouse is not under "conditional PR."

Both the OP and the spouse are permanent residents, identical status, regardless of who was the PA. If they divorce, they can both re-marry and both (try to) sponsor a new spouse.

But I expect that CIC would take a bit of convincing to determine that the new marriage is legitimate, under these circumstances.
 

calgaryboy24

Star Member
May 29, 2012
141
1
Calgary
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
July-10-2012
AOR Received.
August-2012
Med's Request
March-20-2013
Med's Done....
April-06-2013
I am in the same boat as this user is but as per my understanding family class sponsors get conditional PR for 2 years and then CIC decides what to do after 2 years. What are the chances of revoking spouse PR in these cases. My spouse has left my place and living somewhere else and demanding and threatening me for everything due to laws here.

What are our options besides letting CIC know about this, can we appeal in court for this as they used marriage route to come to Canada?
 

jes_ON

VIP Member
Jun 22, 2009
12,088
1,421
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
calgaryboy24 said:
I am in the same boat as this user is but as per my understanding family class sponsors get conditional PR for 2 years and then CIC decides what to do after 2 years. What are the chances of revoking spouse PR in these cases. My spouse has left my place and living somewhere else and demanding and threatening me for everything due to laws here.

What are our options besides letting CIC know about this, can we appeal in court for this as they used marriage route to come to Canada?
You would report marriage fraud to the CBSA (not CIC) -
http://www.cic.gc.ca/english/information/protection/fraud/report.asp

Info about/for the sponsored spouse -
http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp