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Divorce before the landing and after COPR

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
Does this apply to being separated too? Where your spouse(wife) is the primary applicant and has landed in Canada only to file for divorce afterwards. Will the husband who has COPR be allowed entry?
She is required to inform IRCC. Whether she does or not, no one here can tell you.
 

AUG19

Star Member
Aug 29, 2019
145
48
DR
Category........
FAM
App. Filed.......
29-08-2019
AOR Received.
28-09-2019
They
Yes they will refuse entry.

Edit: unless there is a valid tourist visa or something and the person can prove he or she will not try to live in Canada.

To clarify, the person will NOT become PR.
They cancel the tourist visa when they give you the COPR.
 

Eli51

Hero Member
Jan 28, 2015
303
72
I thought you have to cancel the process even if you get the PR unless you are married for three years after getting approved.
 

Amansethi86

Star Member
Jan 31, 2021
52
0
Hi,
I as primary applicant and my spouse as secondary applicant and my 1 year old twins has applied for permanent residency for Canada. I got the ITA under the PNP and finally has submitted got our passport stamped. Now, as things are not getting good between me and my spouse and we have filed mutual divorce in court. So, my query is that I intimate the IRCC about this as we are getting divorced in webform . As we know , getting a webform reply is a daunting task. Also, final divorce formalities and decree will take almost 6 months. Can I do landing and inform Canadian border authorities about the situation and told them about webform raised. Does any problem persists for PR at border??please guide
 

Phalos

Champion Member
Jun 19, 2020
2,565
1,291
Hi,
I as primary applicant and my spouse as secondary applicant and my 1 year old twins has applied for permanent residency for Canada. I got the ITA under the PNP and finally has submitted got our passport stamped. Now, as things are not getting good between me and my spouse and we have filed mutual divorce in court. So, my query is that I intimate the IRCC about this as we are getting divorced in webform . As we know , getting a webform reply is a daunting task. Also, final divorce formalities and decree will take almost 6 months. Can I do landing and inform Canadian border authorities about the situation and told them about webform raised. Does any problem persists for PR at border??please guide
You not a spousal sponsorship case so I dont know anything about PNP.
 

Realman007

Full Member
Jun 19, 2021
43
23
Does this apply to being separated too? Where your spouse(wife) is the primary applicant and has landed in Canada only to file for divorce afterwards. Will the husband who has COPR be allowed entry?
See below, this is what an Principal Applicant required to do -
STEP 1: Change in Circumstances:
Should any of the following circumstances apply to you or any accompanying family member, you must
inform this office immediately:
 Change in marital status, for example due to marriage, divorce, legal separation, annulment or
death of spouse;
 Change in family composition, for example due to adoption or birth of a child, including a child
born to your accompanying dependent child,
 Death of principal applicant, spouse, accompanying children, or death of sponsoring relative;
 Change in health;
 You or any of your accompanying family members being charged or convicted of a criminal
offence
 Change in contact information: mailing address, e-mail address, or telephone number.
Your failure to inform us of any of these changes may result in the cancellation of your permanent
resident visa and may render you and your accompanying family members inadmissible to Canada.
Your failure to declare all of your family members, accompanying
 

Realman007

Full Member
Jun 19, 2021
43
23
Hi,
I as primary applicant and my spouse as secondary applicant and my 1 year old twins has applied for permanent residency for Canada. I got the ITA under the PNP and finally has submitted got our passport stamped. Now, as things are not getting good between me and my spouse and we have filed mutual divorce in court. So, my query is that I intimate the IRCC about this as we are getting divorced in webform . As we know , getting a webform reply is a daunting task. Also, final divorce formalities and decree will take almost 6 months. Can I do landing and inform Canadian border authorities about the situation and told them about webform raised. Does any problem persists for PR at border??please guide
Dear AmanSethi,
I would suggest, you should act on humanity, look at the bigger picture, there is no harm if you all become permanent resident at the first place and then get divorce. The reason why I suggested you is that later if you want to bring your one year old twins, it gonna be a daunting task, you might have to apply for their permanent residency again by sponsoring them in future. Then the mother (your present wife) of your children might not cooperate or refuse to let go the children until they are adult. And once they are adult then there is no guarantee if they listen to you or their mother more. It is in your benefit if your children comes with their mother, so that she can take care of your children. I hope you love your children.
Remember "Never make any decision when one is Angry and never promise when one is too Happy"
 
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Copingwithlife

VIP Member
Jul 29, 2018
4,482
2,255
Earth
Dear AmanSethi,
I would suggest, you should act on humanity, look at the bigger picture, there is no harm if you all become permanent resident at the first place and then get divorce. The reason why I suggested you is that later if you want to bring your one year old twins, it gonna be a daunting task, you might have to apply for their permanent residency again by sponsoring them in future. Then the mother (your present wife) of your children might not cooperate or refuse to let go the children until they are adult. And once they are adult then there is no guarantee if they listen to you or their mother more. It is in your benefit if your children comes with their mother, so that she can take care of your children. I hope you love your children.
Remember "Never make any decision when one is Angry and never promise when one is too Happy"
Ok, enough with the words of wisdom .
They have MUTUALLY filed for divorce, she’s obligated to inform the IRCC. There’s no grey area .
You’re suggesting she misrepresent her situation.
Do you have any words of wisdom in suggesting misrepresentation or lying is ok ?
 
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Phalos

Champion Member
Jun 19, 2020
2,565
1,291
Ok, enough with the words of wisdom .
They have MUTUALLY filed for divorce, she’s obligated to inform the IRCC. There’s no grey area .
You’re suggesting she misrepresent her situation.
Do you have any words of wisdom in suggesting misrepresentation or lying is ok ?
He's just trying to cope with life lol
 

canuck78

VIP Member
Jun 18, 2017
55,594
13,523
Dear AmanSethi,
I would suggest, you should act on humanity, look at the bigger picture, there is no harm if you all become permanent resident at the first place and then get divorce. The reason why I suggested you is that later if you want to bring your one year old twins, it gonna be a daunting task, you might have to apply for their permanent residency again by sponsoring them in future. Then the mother (your present wife) of your children might not cooperate or refuse to let go the children until they are adult. And once they are adult then there is no guarantee if they listen to you or their mother more. It is in your benefit if your children comes with their mother, so that she can take care of your children. I hope you love your children.
Remember "Never make any decision when one is Angry and never promise when one is too Happy"
What you are suggesting is called fraud. You need to inform IRCC if you are separated or divorced.
 

Realman007

Full Member
Jun 19, 2021
43
23
Ok, enough with the words of wisdom .
They have MUTUALLY filed for divorce, she’s obligated to inform the IRCC. There’s no grey area .
You’re suggesting she misrepresent her situation.
Do you have any words of wisdom in suggesting misrepresentation or lying is ok ?
Misrepresentations or lying are NEVER OK, Mr Amansethi has just put the question today, so I can guess they night have got their passports stamped with Visa recently. I am not sure but I feel they are taking decision to get divorce in haste, not considering theur two little ones. You never know within three months they might realize their mistake and patch up.
Even here in Canada for CRA you are not considered as separated until 3 months are over. People visit here on these forums to get honest advice or information.
 

Amansethi86

Star Member
Jan 31, 2021
52
0
Misrepresentations or lying are NEVER OK, Mr Amansethi has just put the question today, so I can guess they night have got their passports stamped with Visa recently. I am not sure but I feel they are taking decision to get divorce in haste, not considering theur two little ones. You never know within three months they might realize their mistake and patch up.
Even here in Canada for CRA you are not considered as separated until 3 months are over. People visit here on these forums to get honest advice or information.
Thanks for your valuable sharing guys...I want to clear that I being the PA has sole custody of my children as my spouse has agreed on that and provided affidavit for the same. However, we have filled a mutual divorce petition in court for which final hearing will be done in Feb 2022 I.e. after 6 months. I already informed cic about my divorce filing. Mine and my children visa and copr is valid till August end. As I recall if ircc does not respond to my updated information, can I travel with my children alone before expiration of visa. If required, I can inform CBSA also about the divorce process. My question only is that I can travel or not after I informed them and without getting their reply.
 

Realman007

Full Member
Jun 19, 2021
43
23
Dear AmanSethi86,
My concern was for your two little children, It is good that you have informed the IRCC, you have done your part of your obligation. If you have already have sole custody of your children and on top of that your spouse has given an affidavit accordingly then I don’t see anything wrong.
As a Principle applicant you definitely can travel without your spouse, your spouse being an secondary applicant cannot travel without you or your first becoming Permanent Resident even if you weren’t divorcing. You should travel as soon as possible as your COPR is expiring next month. You can come, land become Permanent Resident with your children and then go back to finish your deals including your divorce etc. However it must be clearly mentioned or permitted in the affidavit provided by your spouse that you are allowed to take the children away out of the country to any foreign country or Canada. If you don’t have this then just get another affidavit declaration from your spouse as an authority given to you to travel abroad with your children.
Thanks
 

Amansethi86

Star Member
Jan 31, 2021
52
0
Dear AmanSethi86,
My concern was for your two little children, It is good that you have informed the IRCC, you have done your part of your obligation. If you have already have sole custody of your children and on top of that your spouse has given an affidavit accordingly then I don’t see anything wrong.
As a Principle applicant you definitely can travel without your spouse, your spouse being an secondary applicant cannot travel without you or your first becoming Permanent Resident even if you weren’t divorcing. You should travel as soon as possible as your COPR is expiring next month. You can come, land become Permanent Resident with your children and then go back to finish your deals including your divorce etc. However it must be clearly mentioned or permitted in the affidavit provided by your spouse that you are allowed to take the children away out of the country to any foreign country or Canada. If you don’t have this then just get another affidavit declaration from your spouse as an authority given to you to travel abroad with your children.
Thanks
Thanks sir for your precious information.
I would like to highlight also that in COPR it is written married as we have headed for divorce proceeding after we received COPR and visa. Does this may create any problem while landing. Can we correct the marital status at CBSA border after landing. Please guide further to conclude