Divorce before the landing and after COPR
- Thread starter Salil2013
- Start date
You need to send a Webform ASAP withdraw the app so that IRCC can cancel the COPR.
Ultimate_One
Star Member
- Sep 2, 2014
- 67
- 9
- Category........
- NOC Code......
- 2133
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 6-11-2015
- AOR Received.
- 7-11-2015
- Med's Done....
- 30-10-2015
- Passport Req..
- 16-04-2016
- VISA ISSUED...
- 26-04-2016
that will be fun u know...she will land in Canada if she got the visa already with that copr....now once she lands in Canada border authorities will tell her she wont be granted pr since she has gotten divorce and she will be deported with next flight...
It is not a straight forward cancellation because they have already confirmed the PR, divorce at that stage will not affect the applicant.
I have seen a case which I mentioned earlier..in that case wife actually arrived in Canada and then being deported so it's possible...
I have also seen a case where the applicant was allowed entry after an interview at the port
PR is confirmed once landing procedures are done. If they are not together anymore and they still land on the COPR that would be misrepresentation and could be a cause of PR revocation.
Remember the COPR is a decision made and once that decision is taken the sponsor is responsible for the PA even if there is post divorced before landing. Landing is just a mere formalities which doesn't necessarily confirmed or deny one's marital status at that stage, except there could be a case of fraudulent misrepresentation in which cit is a court decision that can affect the applicant. That is why it is necessary to inform cic about change in status before decision is made.
COPR is decision made, correct. BUT, sponsor’s obligation does not start until the official landing procedure.
Landing procedure doesn't confirmed or deny Pr once a decision is made, unless there is strong evidence of fraudulent misrepresentation in which case they can refuse entry this is a matter of court. A mere divorce is not necessarily fatal to an applicant. What about situation where sponsor is dead after decision but before landing ?
You are NOT a permanent resident until you land. Therefore, the landing procedure IS WHERE you get your PR. The COPR holder will be asked some questions before the officer will sign that paper and welcome him or her as permanent resident. A divorce is definitely fatal to an applicant being sponsored as a spouse UNLESS the divorce happened AFTER landing and the spouses were still together on landing. If the sponsor dies after the decision but before landing, then it is the applicant’s responsibility to inform IRCC of this development as that is a SUBSTANTIAL CHANGE in circumstance and the COPR will be cancelled because the person who agreed to take responsibility for the applicant is dead. Not updating IRCC IS MISREPRESENTATION and WHEN IRCC FINDS OUT they will have grounds to revoke PR.
Lastly, the LOGIC behind the sponsor’s responsibility starting at day of landing is BACKED UP by the fact that should there be a divorce and the sponsor remarry, the sponsor CANNOT sponsor the new spouse until AFTER 3 years from DATE OF LANDING of first spouse.
I hope the op would let us know whether cic allowed withdrawal post COpr but before landing
It is not up to IRCC to allow it. The sponsor is giving them CLEAR INSTRUCTIONS that he no longer wants to be responsible for the applicant. Procedurally, IRCC MUST comply.
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