Hello. I got married in Jan 2024 from India. I have my PR since 2021. Applied for my wife's PR visa for Canada and it is approved .Her passport is stamped for single entry. We are now considering divorce. She has not landed in Canada yet. Her stamp is valid untill Jun 2025. Should we get divorce before she comes here or should i let her enter canada and get divorce here ? what about undertaking that I singed ? If we get divorce before she comes here, is undertaking applicable ?
Divorce before spouse landing in Canada ?
- Thread starter Sam2496
- Start date
If she lands, undertaking still applicable. Doesn't matter if you get divorce or not. You are suppose to contact IRCC if your relationship has broken down.
As a sponsor, you can try to withdraw before she lands. (you don't need to proof relationship broken down but that can be the reason)
Again, once she landed, there is nothing you can do. And you will be responsible for her if she claim any social assistance for 3 years.
ok , and if i withdraw the application before she lands here, the undertaking will be void ? and I can sponsor someone else in future wihtout 3 year restrictions ?
Not sure about the 3 years. But you need to make sure IRCC got your request before she landed. (e.g. sending a webform, they may not review it ... before she lands)
I think you can sponsor someone else but divorce and marriage takes time. And IRCC would likely need more proof for a new relationship starting so soon after your divorce.
You cannot claim you're divorcing her without proof. You need to file the petition for divorce and make sure she is served.
Than perhaps you can approach IRCC via webform and let them know about the breakdown in marriage.
Otherwise you will be stuck supporting her for the next 3 years.
That is NOT a 3 year restriction; it is a 3 year OBLIGATION that you will be financially responsible for the sponsored person for 3 years...to protect Canadians from paying for it.
There is no requirement to prove divorce. Sponsor simply withdraws the sponsorship.
undertaking is still valid regardless of the divorce.
If she lands as being sponsored by you, then the undertaking is valid.
ok and if she doesnt land here and stays there, undertaking is not valid, correct ?
There is both a 3 year restriction from sponsoring another spouse and 3 year financial commitment.
Yes. If you are considering divorce you really should not be sponsoring someone and should be informing IRCC asap. Getting divorced soon after a spouse lands also does not look good for you and would likely increase scrutiny if you apply to sponsor someone else.
You are indeed correct. I was merely commenting that the financial obligation mentioned, is not a restriction.