divorce during sponsorship application

[dudu]

Hello

I would like to know what happens when my wife and I want to get divorced but I only have first stage approval.?
I have read that you need to have lived separate for 1 year. If that doesn't apply to me do I need to stay in Canada until the divorce is finalized?
Also I would like to know what my options are for staying a little bit longer to save up some money before leaving, as I left everything behind to join her here in Canada.


Any information will be greatly appreciated

 

[Rob_TO]

One thing is certain, if you separate from your spouse (even not legally divorced yet) you need to cancel your PR application.

Whether you can stay in Canada after that, really depends on what kind of passport you hold and what kind of status you currently have here.

 

[CdnandTrini]

Hello

I would like to know what happens when my wife and I want to get divorced but I only have first stage approval.?
I have read that you need to have lived separate for 1 year. If that doesn't apply to me do I need to stay in Canada until the divorce is finalized?
Also I would like to know what my options are for staying a little bit longer to save up some money before leaving, as I left everything behind to join her here in Canada.

Any information will be greatly appreciated

Hello dudu and with regard to the part of your question asking the following:

"I have read that you need to have lived separate for 1 year. If that doesn't apply to me do I need to stay in Canada until the divorce is finalized?"

The answer is no. You do not need to stay in Canada while your divorce is being finalized. Any documents pertaining to the divorce requiring original signatures, can be mailed or couriered back and forth.

And as Rob_TO mentioned in his post (in reference to you staying longer in Canada) you must be in status and legally able to work. Sometimes it is better to return home quickly if you have better resources and supports there. You do not want to run the risk of being "out of status" here or not having legal permission to work.

On another note, please accept my sympathies for the breakdown of your marriage. That in and of itself is very stressful, never mind being alone without some family or friends for support. Sending prayers your way for strength and peace during a difficult time. Blessings.

 

[dudu]

Thank you for the information.

I do have a work primit but it's only due to the sponsorship. So I guess I will have to convince my wife to let me stay until the divorce is finalized.

How much time does a person get to pack and leave Canada once their status is canceled. Ex. after my divorce being finalized.

 

[screech339]

Thank you for the information.

I do have a work primit but it's only due to the sponsorship. So I guess I will have to convince my wife to let me stay until the divorce is finalized.

How much time does a person get to pack and leave Canada once their status is canceled. Ex. after my divorce being finalized.

I would suspect you would have to leave immediately as soon as your status is canceled. There is no grace period.

 

[CdnandTrini]

Thank you for the information.

I do have a work primit but it's only due to the sponsorship. So I guess I will have to convince my wife to let me stay until the divorce is finalized.

How much time does a person get to pack and leave Canada once their status is canceled. Ex. after my divorce being finalized.

You are most welcome. Unfortunately, I cannot answer this question because I don't know, but hopefully another member will chime in. I suggest you just try using Google (or your preferred search engine) with terms like - "what happens if spouse cancels PR" or how long to leave Canada after PR cancelled". Blessings.

 

[Rob_TO]

Thank you for the information.

I do have a work primit but it's only due to the sponsorship. So I guess I will have to convince my wife to let me stay until the divorce is finalized.

How much time does a person get to pack and leave Canada once their status is canceled. Ex. after my divorce being finalized.

It's not really up to your wife. Technically if you have separated so no longer qualify under family class for PR, by law either you or your wife need to formally withdraw the application. Of course in reality, CIC will not find out immediately until you actually inform them. Also if there is any chance of reconciliation or you are attending couples therapy to try and save the marriage, then perhaps its better to 100% confirm the separation before withdrawing the app.

Usually it's the sponsor that cancels an app in progress, and often without the applicant's knowledge, since sponsor is the one financially responsible for the applicant.

Once your app is withdrawn, I assume your OWP become void. I would hope there is some grace period allowed by CIC in cases like this, and they wouldn't expect you to leave that same day. However I'm really not sure of the actual CIC rules surrounding this. What you could do, is just before the PR app is withdrawn, send a request to change your status to visitor status. If you send this in a paper app by regular mail, then technically you would be on "implied" status here until you got an official response back, which would give you around 1 month to sort things out and ultimately prepare to leave if you can't get legal status to remain.

 

[dudu]

What would the procedure be, I file for divorce then my sponsorship will be terminated? Or do I also have to apply for cancelation of sponsorship?

 

[screech339]

What would the procedure be, I file for divorce then my sponsorship will be terminated? Or do I also have to apply for cancelation of sponsorship?

The moment you begin your first day of being separated, is the day you inform CiC to withdraw the PR application. You need to be separated for 1 year before you can proceed with your divorce proceedings.

 

[Rob_TO]

What would the procedure be, I file for divorce then my sponsorship will be terminated? Or do I also have to apply for cancelation of sponsorship?

If you or your spouse don't inform CIC of the separation, then there's a good chance they will not find out and will simply approve your PR and ask you and your wife to attend a landing interview at your local CIC office. It's at this point they would discover you are actually separated, and would deny your PR.

However it doesn't make sense to wait for all that, unless you think there's a chance you may reconcile with your wife. It's in the best interest of everyone that your app is withdrawn as soon as you are certain of the separation and that you're not proceeding with PR app, so CIC doesn't waste time on your app and can move on to the next one.

Technically if you have a PR app in progress while in reality you are separated and do not qualify under family class, you are committing misrepresentation by not informing the visa office of this fact when it happens.

 

[dudu]

Thank you for the information.

So I will be sending an email with all the detail required for withdrawal of my application. Are there any forms I need to fill in that were not stated on the Web site?

And also, if I send the letter, how long do I have before I must leave Canada? I still need to book flights and pack.

Also do I need to wait for confirmation of withdrawal of my application before leaving? And would all this affect me from coming back to Canada in the future when I plan to come cycle across Canada. ?

 

[dudu]

Sorry so many questions ???

Are there fees involved for withdrawing my application?
And also do I get refunded some of the money I payed for applying? I applied in august 2013.

 

[canadianwoman]

What country are you from?
If you do not need a visa to enter Canada, then most likely the withdrawn application will not prevent you from returning to Canada as a tourist. If you do need a visa, you will have to explain about the withdrawn application when you apply for a visitor's visa. However, voluntarily withdrawing your application and leaving would tend to show you are not trying to enter or stay in Canada illegally, so it probably won't prevent you from getting another visa.

You don't have to fill in any forms to withdraw your application, and you won't have to pay any more fees. You should get back the RPRF, if you have paid it already.

You don't need to wait for confirmation of the withdrawal before you leave. I would just wait until you were ready to leave before sending the withdrawal, though your wife might send it in first.

 

[dudu]

I am proudly South African. ;D

My wife and I are still on good terms. Was a joint decision to separate. I want to see more of the world and not settle down here for ever. And she wants to.
So it's best that I send the letter, so it won't give me any trouble in the future. Always keep doors open

 

[dudu]

So when all is done, I have withdrawn my application etc , what papers do I need to leave Canada? As my visa has expired and I was on implied status. I'm sure at the airport they will check my passport, and see the expired visa and stop me.