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Divorced and planning to sponsor please help

alia9

Member
Oct 17, 2016
13
0
Hello everyone please help me i am really confused but this forum has helped me alot in past .so me and my spouse are divorced after one year of separation in Canada we got our pr and after one month of PR i got separated and then filed for divorce and are divorced now. When i was separated i got in relationship with someone and he is in Pakistan . Now i am planning to go to Pakistan and get married and then sponsor him . I am concerned that can i show my relationship during the separation time or that is wrong . As my case is bit complicated what precautions should i take while applying. Can i just get married immediately after my divorce and show our relationship ties during separation time as proofs.
 

cheng9999

Hero Member
Dec 14, 2015
275
15
alia9 said:
Hello everyone please help me i am really confused but this forum has helped me alot in past .so me and my spouse are divorced after one year of separation in Canada we got our pr and after one month of PR i got separated and then filed for divorce and are divorced now. When i was separated i got in relationship with someone and he is in Pakistan . Now i am planning to go to Pakistan and get married and then sponsor him . I am concerned that can i show my relationship during the separation time or that is wrong . As my case is bit complicated what precautions should i take while applying. Can i just get married immediately after my divorce and show our relationship ties during separation time as proofs.
Besides the fact that you yourself may be subject to condition 51 and therefore your own PR can be affected, your eligibility to be a sponsor yourself has restrictions. Below is from CRA website:

You can’t be a sponsor if you:

were sponsored by a spouse or partner and you became a permanent resident less than five years ago
 

zardoz

VIP Member
Feb 2, 2013
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cheng9999 said:
Besides the fact that you yourself may be subject to condition 51 and therefore your own PR can be affected, your eligibility to be a sponsor yourself has restrictions. Below is from CRA website:

You can’t be a sponsor if you:

were sponsored by a spouse or partner and you became a permanent resident less than five years ago
It's always a good idea to check back over the previous posting history when answering a question. The OP didn't gain PR via sponsorship but as the dependant of the Principal Applicant. Therefore, the OP can sponsor.
 

Bcboundboy

Hero Member
Aug 16, 2016
378
29
alia9 said:
Hello everyone please help me i am really confused but this forum has helped me alot in past .so me and my spouse are divorced after one year of separation in Canada we got our pr and after one month of PR i got separated and then filed for divorce and are divorced now. When i was separated i got in relationship with someone and he is in Pakistan . Now i am planning to go to Pakistan and get married and then sponsor him . I am concerned that can i show my relationship during the separation time or that is wrong . As my case is bit complicated what precautions should i take while applying. Can i just get married immediately after my divorce and show our relationship ties during separation time as proofs.
Based on your posting history, it appears that you were married to someone who qualified for PR, so you got PR as his dependent. Very shortly after you arrived, you separated, and now want to sponsor your new partner through the family class.

You can get married, and apply to sponsor them. You should expect close scrutiny, given that you have a history of relationships failing shortly after important immigration dates.
 

alia9

Member
Oct 17, 2016
13
0
I am not sure if its applicable to me because we both came as students aand applied under express entry for PR so i think i am not sponsored but not sure .
And then if i show proof of relationship which are during the separation period i am confused if that is ok or not?
 

alia9

Member
Oct 17, 2016
13
0
If i am dependabt as he was the prime applicabt does it effect if get remarried immediately or should i wait for some time ? But then also all the proofs are during the separation period as i visited him twice. So should not show them?
 

alia9

Member
Oct 17, 2016
13
0
Bcboundboy said:
Based on your posting history, it appears that you were married to someone who qualified for PR, so you got PR as his dependent. Very shortly after you arrived, you separated, and now want to sponsor your new partner through the family class.

You can get married, and apply to sponsor them. You should expect close scrutiny, given that you have a history of relationships failing shortly after important immigration dates.
We both were in Canada as students and then apply for PR under express entry .Still i will be considered Dependabt? Sorry i am not very good in this process and terms?
 

Bcboundboy

Hero Member
Aug 16, 2016
378
29
alia9 said:
We both were in Canada as students and then apply for PR under express entry .Still i will be considered Dependabt? Sorry i am not very good in this process and terms?
The way you've described it is very unclear.

There are two possibilities.

(1) Your partner applied for PR. You were included in his application, and got PR through him.

(2) You and your partner simultaneously, but separately, applied for PR in your own rights.

Neither really makes a difference - you're eligible to sponsor your new partner - but if it's case (1) you might get more scrutiny than if it's case (2) (because if it's case 1 then the date of your relationship failure matters for your history of gaining PR, but if it's case 2 then it makes no difference).
 

alia9

Member
Oct 17, 2016
13
0
Bcboundboy said:
The way you've described it is very unclear.

There are two possibilities.

(1) Your partner applied for PR. You were included in his application, and got PR through him.

(2) You and your partner simultaneously, but separately, applied for PR in your own rights.

Neither really makes a difference - you're eligible to sponsor your new partner - but if it's case (1) you might get more scrutiny than if it's case (2) (because if it's case 1 then the date of your relationship failure matters for your history of gaining PR, but if it's case 2 then it makes no difference).
Yes i think i am in first category as he applied for pr under EE and i was included in the file .
So if i wait for remarriage will it help or does not because i got divorced after the PR that is the red flag?
 

Samlia

Hero Member
Aug 29, 2014
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The best recommendation i can give is to talk to a lawyer don't handle this by yourself. If your spouse sponsored you to Canada then you might have to go back to Pakistan or if your husband got sponsored by you then he might have to go back to Pakistan because i think there is a 3 year rule for PR and marriage. its a complicated case and a wise and experienced lawyer can help you.
 

zardoz

VIP Member
Feb 2, 2013
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Samlia said:
The best recommendation i can give is to talk to a lawyer don't handle this by yourself. If your spouse sponsored you to Canada then you might have to go back to Pakistan or if your husband got sponsored by you then he might have to go back to Pakistan because i think there is a 3 year rule for PR and marriage. its a complicated case and a wise and experienced lawyer can help you.
The OP was NOT sponsored... This was an economic immigration class application.
 

canuck_in_uk

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May 4, 2012
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alia9 said:
Yes i think i am in first category as he applied for pr under EE and i was included in the file .
So if i wait for remarriage will it help or does not because i got divorced after the PR that is the red flag?
Regardless of when you re-marry, the fact that you were a dependent in your husband's application and then split up a month after landing as a PR is a red flag.
 

alia9

Member
Oct 17, 2016
13
0
canuck_in_uk said:
Regardless of when you re-marry, the fact that you were a dependent in your husband's application and then split up a month after landing as a PR is a red flag.
Red flag means that now i have to do something special as my previous relation was genuine and due to differences in opinion lead to divorce and then this one is genuine too . I am not sure how i am supposed to proof them all this
 

trikiliki

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You will need to be able to prove to CIC that it was not your plan all along to marry someone solely for immigration purposes, meanwhile in a relationship with someone else, and as soon as you got PR, split from the person, divorced at the first legal opportunity, and then rushed over to remarry the other person so you can bring them to Canada.
 

Bcboundboy

Hero Member
Aug 16, 2016
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alia9 said:
Red flag means that now i have to do something special as my previous relation was genuine and due to differences in opinion lead to divorce and then this one is genuine too . I am not sure how i am supposed to proof them all this
"we got our pr and after one month of PR i got separated".

It's an amazing coincidence. Your genuine relationship lasted just long enough for you to get legal status in Canada. It didn't end earlier (which would have stopped you getting it), and it didn't end later (with you still together). Now that may be true. Fine.

It's worth noting, your timelines are wrong (somewhere) - at various points, you've said you got PR in April 2016, then a month later (May 2016) you separated, you were separate for a year as required then already got divorced. The earliest that can happen is May 2017 (2 months in the future) and you say it's already happened. So either you got your PR earlier, or you separated from your partner before you got your PR. You might want to get that straight.

Next, as soon (or possibly sooner) as you're allowed, you're trying to bring in another overseas partner. 15m men in Canada, and none of them are as good as someone from overseas. That's also fine, it happens to lots of people - most people in this forum! But you're now starting to stack things on top of each other.

It is entirely possible that your general story is true (all the specific dates can't be - see above) - you had one genuine relationship that failed, you have another genuine relationship now. But most people don't have that happen. Relationships fail, but not often around very important dates. New relationships happen, but not often right after another one finished. People fall in love overseas, but not often twice in a row, one of which gave you status, the other of which needs you for status. This means there will be doubt around your application. It won't be refused automatically, but you'll need to include clear proof about the genuineness of the relationship, and your last relationship's breakdown. And you really want to be clear on the dates things happened.