Divorce & Express Entry

[Jay Lampua]

Hi,

My spouse and I decided to apply for express entry and explore immigrating to Canada. We went through the application process and are currently awaiting our Co-PR & PPR.

During the course of this process, our relationship has had set backs and we may apply for a divorce in the coming few months. We don't have everything worked out yet, but there are chances that a divorce is on the cards.

Could you please tell me if our application status gets affected if we choose to apply for a divorce before landing in Canada?

Also, divorce proceedings typically take 12-18 months (minimum) before a divorce is granted. Will it be construed as misrepresentation if we apply for a divorce before we land in Canada?

Thank you in advance for any constructive responses to my case.

Best,
Jay

 

[jaffaral]

Hi,

My spouse and I decided to apply for express entry and explore immigrating to Canada. We went through the application process and are currently awaiting our Co-PR & PPR.

During the course of this process, our relationship has had set backs and we may apply for a divorce in the coming few months. We don't have everything worked out yet, but there are chances that a divorce is on the cards.

Could you please tell me if our application status gets affected if we choose to apply for a divorce before landing in Canada?

Also, divorce proceedings typically take 12-18 months (minimum) before a divorce is granted. Will it be construed as misrepresentation if we apply for a divorce before we land in Canada?

Thank you in advance for any constructive responses to my case.

Best,
Jay

Who is the primary applicant??

 

[zardoz]

Hi,

My spouse and I decided to apply for express entry and explore immigrating to Canada. We went through the application process and are currently awaiting our Co-PR & PPR.

During the course of this process, our relationship has had set backs and we may apply for a divorce in the coming few months. We don't have everything worked out yet, but there are chances that a divorce is on the cards.

Could you please tell me if our application status gets affected if we choose to apply for a divorce before landing in Canada?

Also, divorce proceedings typically take 12-18 months (minimum) before a divorce is granted. Will it be construed as misrepresentation if we apply for a divorce before we land in Canada?

Thank you in advance for any constructive responses to my case.

Best,
Jay

Yes, divorce directly affects the application and MUST be communicated to IRCC before any of you land as Permanent Residents. If you even file for divorce, you must inform IRCC. Failure to do so will be treated as misrepresentation, with all the attendant negative effects.

 

[Jay Lampua]

Who is the primary applicant??

I am the primary applicant.

 

[Jay Lampua]

Yes, divorce directly affects the application and MUST be communicated to IRCC before any of you land as Permanent Residents. If you even file for divorce, you must inform IRCC. Failure to do so will be treated as misrepresentation, with all the attendant negative effects.

Thank you for clarifying. The thing is, I am not sure if we will file for divorce right now. It's a rough patch and we're going through various options including therapy.

What I'm worried about is that if we decide to get divorced, there's not much I'll be able to do later.

 

[zardoz]

Thank you for clarifying. The thing is, I am not sure if we will file for divorce right now. It's a rough patch and we're going through various options including therapy.

What I'm worried about is that if we decide to get divorced, there's not much I'll be able to do later.

Understood. You don't have to burn your bridges with IRCC until you commit to a course of action.
One word of "advice?"... Immigration is a stressful business and it can affect couples in one of two ways. It can either drive them apart, dealing with the stress and uncertainty OR it can bring them closer together as they fight a "common foe". Be open to both possibilities.

 

[canuck_in_uk]

I am the primary applicant.

As the PA, if the marriage ends before landing, you are required to inform IRCC to have your ex removed from your application. Allowing him/her to land and become a PR when the marriage is over is misrepresentation.

 

[Jay Lampua]

Understood. You don't have to burn your bridges with IRCC until you commit to a course of action.
One word of "advice?"... Immigration is a stressful business and it can affect couples in one of two ways. It can either drive them apart, dealing with the stress and uncertainty OR it can bring them closer together as they fight a "common foe". Be open to both possibilities.

Thank you. It is a difficult and uncertain phase. At times, I think the decision to immigrate has made the whole processes of working through the relationship more complicated that it would otherwise have been.

As the PA, if the marriage ends before landing, you are required to inform IRCC to have your ex removed from your application. Allowing him/her to land and become a PR when the marriage is over is misrepresentation.

I understand. While this complicates things, at least the situation is clearer.

Thank you both for your clarifications.

 

[jaffaral]

Thank you. It is a difficult and uncertain phase. At times, I think the decision to immigrate has made the whole processes of working through the relationship more complicated that it would otherwise have been.



I understand. While this complicates things, at least the situation is clearer.

Thank you both for your clarifications.

After being divorced, I realized it is one of the worst thing that could happen in someone’s life who was in love with his/her spouse

Few months ago I was standing at the same position as u r currently now. My 3 clb 10 and 1 clb 9 ielts was about to expire and I had an impossible to remove kind of strain in my marriage. As much as I wanted not to have my marriage ended I had to make this decision of letting my wife go out of her request of divorce even though I m from the culture where wife can’t initiate divorce procedure without a very solid ground which she didn’t have. Upon realizing that she didn’t want to stay in marriage and my ielts expiry was approaching I had to make a difficult choice of divorcing her without further efforts of reconciliation.

So here is my advice, if your spouse doesn’t want to stay in the marriage let it end and focus on immigration. If there is a sligthest of the possibility of reconciliation, forget about immigration and try to work out your marriage.

I wish u all the best

 

[Jay Lampua]

After being divorced, I realized it is one of the worst thing that could happen in someone’s life who was in love with his/her spouse

Few months ago I was standing at the same position as u r currently now. My 3 clb 10 and 1 clb 9 ielts was about to expire and I had an impossible to remove kind of strain in my marriage. As much as I wanted not to have my marriage ended I had to make this decision of letting my wife go out of her request of divorce even though I m from the culture where wife can’t initiate divorce procedure without a very solid ground which she didn’t have. Upon realizing that she didn’t want to stay in marriage and my ielts expiry was approaching I had to make a difficult choice of divorcing her without further efforts of reconciliation.

So here is my advice, if your spouse doesn’t want to stay in the marriage let it end and focus on immigration. If there is a sligthest of the possibility of reconciliation, forget about immigration and try to work out your marriage.

I wish u all the best

Thank you for your kind words. I hope everything's worked out for the best for you.

 

[Vishnutorres]

Hi,

My spouse and I decided to apply for express entry and explore immigrating to Canada. We went through the application process and are currently awaiting our Co-PR & PPR.

During the course of this process, our relationship has had set backs and we may apply for a divorce in the coming few months. We don't have everything worked out yet, but there are chances that a divorce is on the cards.

Could you please tell me if our application status gets affected if we choose to apply for a divorce before landing in Canada?

Also, divorce proceedings typically take 12-18 months (minimum) before a divorce is granted. Will it be construed as misrepresentation if we apply for a divorce before we land in Canada?

Thank you in advance for any constructive responses to my case.

Best,
Jay

Hi
Hope you're fine
Plz any update about your situation...
Thanks

 

[msinghster]

Hi

I need guidance about my application in Express Entry pool. My current marital status is Married but due to consistent personal issues I am not living with my spouse. We are living separately from past few months and decided to file divorce but as per Indian Penal Act, a couple cannot file for a mutual divorce in case they are not separated at least for one year so there are another 5-6 months left to file a divorce.
Now the issue is my spouse will certainly not accompany me to Canada, if a get PR and in future as well I will not apply for his case as we will be getting divorced in coming months.

You are requested to kindly guide me how would I proceed in case I get an ITA, as the application will require spouse's documents, PCC, Medical at different level whereas I cannot provide the same due to our separation.

Kindly guide if I submit an affidavit stating my clear intention of divorcing my spouse and declaration of not filing his case ever in future, will that work in my case or suggest a suitable alternative. I will be highly obliged.

 

[spirit.varun]

Hi

I need guidance about my application in Express Entry pool. My current marital status is Married but due to consistent personal issues I am not living with my spouse. We are living separately from past few months and decided to file divorce but as per Indian Penal Act, a couple cannot file for a mutual divorce in case they are not separated at least for one year so there are another 5-6 months left to file a divorce.
Now the issue is my spouse will certainly not accompany me to Canada, if a get PR and in future as well I will not apply for his case as we will be getting divorced in coming months.

You are requested to kindly guide me how would I proceed in case I get an ITA, as the application will require spouse's documents, PCC, Medical at different level whereas I cannot provide the same due to our separation.

Kindly guide if I submit an affidavit stating my clear intention of divorcing my spouse and declaration of not filing his case ever in future, will that work in my case or suggest a suitable alternative. I will be highly obliged.

Once you apply for divorce, then it will take another 6 months to actually divorce, but you can submit documents that show you have filed for divorce with court and perhaps you can get some affidavit out of it to show your divorce has been filed in the court with mutual parties, and then get affidavit notarized, keep in mind if not in English, you have to get it translated.

 

[canuck_in_uk]

Hi

I need guidance about my application in Express Entry pool. My current marital status is Married but due to consistent personal issues I am not living with my spouse. We are living separately from past few months and decided to file divorce but as per Indian Penal Act, a couple cannot file for a mutual divorce in case they are not separated at least for one year so there are another 5-6 months left to file a divorce.
Now the issue is my spouse will certainly not accompany me to Canada, if a get PR and in future as well I will not apply for his case as we will be getting divorced in coming months.

You are requested to kindly guide me how would I proceed in case I get an ITA, as the application will require spouse's documents, PCC, Medical at different level whereas I cannot provide the same due to our separation.

Kindly guide if I submit an affidavit stating my clear intention of divorcing my spouse and declaration of not filing his case ever in future, will that work in my case or suggest a suitable alternative. I will be highly obliged.

You would apply as legally separated. You can include an affidavit and any proof of the separation, and update with proof once you file for divorce.

 

[msinghster]

You would apply as legally separated. You can include an affidavit and any proof of the separation, and update with proof once you file for divorce.

Thanks..