Divorce while Family Sponsorship is at final stage .

[Yorker13]

Hi all,

hope everyone is safe during these hard time of Pandemic.

I might find myself in a difficult situation,

here is my Family sponsor details first:

we received APPROVAL and asked to submit Passports for wife and 3 kids, I became Canadian Citizen last year, I guess that was the only good thing about 2020 for me,

life is full of surpises but me and my wife came into conclusion to end our marriage life, we still didnt talk about future in canada for her and the kids,

I wonder what would happen in the following Scenarios:


Scenario A:

Divorce ---- and I send request to IRCC that divorce occuried and to withdraw the application.

Q 1 - will this affect my future sponsorship if i got married again.

Q2- how to pass my kids PR or Canadian Citizenship if their current Family Sponsorship application is canceled , they are included as dependent of their mother( ex-wife ).

Q3- I was planning to apply for super visa or ever sponsor my parents, will my new family status as divorced will affect the family member size in the super visa/parent sponsorship requirment,i,e , family size now is 3 , me and both parents or family size will still be 7 even with divorced wife.

Q4: How to sponsor my kids in the future without ex wife involvment


Scenario B:

Q 1 : I just want this for the betterment of our kids to have PR, but how this will affect any future sponsorship, if i keep quite until she become PR , then divorce.


thanks all

 

[YVR123]

Scenario A:
You will need to file a new application to sponsor your children. You will need consense from your ex-wife (then) to allow them to immigrate. As long as your children are under 22 and remain single (no common law relationship or married), you should be able to sponsor them. So your ex-wife need to cooperate for some of the process if you 2 share custody or if she has custodyof the kids.

Scenario B:
You cannot sponsor another spouse until the 3 years of sponsorship for your current wife. But you may risk mispresentation if you are just "Holding off" divorce from a broken relationship. You next sponsorship (if you apply soon after) will likely be inspect closerly.

 

[nikolain]

I too went through something similar in 2018, had to cancel my ex-wife's PR during her ongoing process.

Here's my suggestion, cancel the entire Sponsorship right now, before your current wife becomes a PR because you'll be blocked for 3 years to sponsor a new spouse, so Scenario B is out of the window unless you don't want to get married for another 3 years, in this case stay quiet till your kids get PR.

Or

Reapply to sponsor your kids after the divorce process is over. You'll have a clear picture after the Custody battle.

 

[scylla]

For B - in addition to the comment above, if your ex goes on social assistance during the first three years of being PR, you will be responsible for paying this money back to the government. This can add up to tens of thousands fast.

 

[canuck78]

If you already know you are separating before she lands and you don't advise IRCC that would be misrepresentation. You can expect more scrutiny of your application to sponsor a second spouse if you sponsor another wife soon after the 3 years. You can apply to sponsor your children as long as your ex-wife agrees. Your family size would be 5 not 3. Your children under 22 will always count in your family size.

 

[canuck78]

For B - in addition to the comment above, if your ex goes on social assistance during the first three years of being PR, you will be responsible for paying this money back to the government. This can add up to tens of thousands fast.

You have to wait a year to get a divorce in Canada. It may become clear when you submit your divorce documents to IRCC that you "suddenly" separated after she arrived which could lead to scrutiny about your original application.