Divorce and Re-marry soon after PR

[someonerandom]

Dear Friends and Experts,

I am writing a complicated case here for your kind suggestion.

1. I am a woman, married for last 7 years and i have a kid who is 3 yrs old.
2. soon in 2017 we three will land in Canada. I am the primary applicant.
3. I have decided to divorce my husband after getting PR cards (with mutual consent) and he agreed too. He needs to be there for the kid's sake.
4. Then I plan to marry someone I love.

Now the person i love, is divorcing his wife soon next year. will apply for EE and a visit visa too. So that he can go and join me once i get divorce.

This is a big concern for me now, i am having sleepless nights because i have no idea about the timing that might be good for opting for the divorce and re-marrying someone.

How can i make the divorce process faster and effective without any hassle or without affecting our PR status? How long does it take? what do i have to do to keep the kid with me (or join custody).

then how soon can i marry someone who is in bangladesh?

PLEASE HELP!!!!

 

[scylla]

Technically what you are proposing to do is immigration fraud. If you are no longer in a relationship with your husband, you should divorce him now and remove him from your application. By engaging in fraud, there's always some risk it could become a problem in the future either through something you do or something your husband does.

To answer your questions... Nothing is going to happen quickly. One of the grounds for filing for divorce in Canada is that you first have to complete a full year of separation. Separation is where you live apart as a couple with the intention of divorcing in the future. Once you have completed a year of separation, you will then be able to file for divorce. You obviously won't want to separate too quickly after landing since that may cause problems later. So you would want to live together for a number of months after you land in Canada, then separate for a year, and then file for divorce. So realistically it will probably be a year and a half before you'll be divorced - maybe two.

Questions related to the custody of your children are not immigration questions. You will need to speak with a family lawyer.

 

[khan200us]

I agree with the above comment that this kind of planning is immigration fraud. However, it is impossible to prove it unless you are foolish enough to admit it in writing in front of police/immigration and sign your statement.
Your husband is your husband until you are divorced, so no issues in landing for all your family members as PR visa holders. You can file for divorce in Canada on the same day after you exit the airport with PR status and nobody can do anything about it or allege that you committed any fraud. Its your life and in Canada, you can make such decision anytime. Since you and your husband both agree to this arrangement, it will be done in a civil manner without hurting each other or family drama that usually happen between Asian couples when they split!
Family lawyers and divorce proceedings and child custody issues are free of charge, you will easily get legal aid(and so will your husband), you can settle division of assets etc and custody terms of child through them.Once divorced legally in Canada and having a divorce certificate in hand, you can marry your new husband on the same day if you so wish. There is no "iddat" for women in Canadian law.
However, importing him from Bangladesh into Canada will be a long process and you can find information on CIC website. This has to be a one off thing. If you divorce again and sponsor another husband, immigration will clearly suspect you to be a marriage facilitator helping people coming to Canada. They might ban you from sponsoring and reject spouse applications. However, one time will be OK without any problems.

 

[vensak]

You might also ask the following question:
Does your future husband that is currently married really has feelings for you or does he have strong feelings for immigrating into Canada that way?
I know it is rather difficult question but rather common one. Especially if on his own he has little to no chance to immigrate. That question is for your own good, so that you would not end up worse in Canada, than you are in your own country.
Wish you all the best.

 

[Pippin]

I wasn't aware that divorces were free in Canada. There are legal aid services, but it is misleading to let people believe that their are no costs involved.

 

[khan200us]

I wasn't aware that divorces were free in Canada. There are legal aid services, but it is misleading to let people believe that their are no costs involved.

The divorce is a slow procedure which needs parties to attend meetings with the lawyers and to turn up for court hearing. Transportation and other miscellaneous costs will definitely be there but other than such incidental expenses, I am not aware of any other expenses whatsoever. The parties do not have to pay lawyers bill or court fees for making applications etc if they get a legal aid entitlement. Can you shed some light how divorce in Canada is not free(literally)? What are the expensive that put a significant dent on one's wallet?
By the way, "misleading" is a very strong word and I would only use it if I have full intention to offend someone!