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DIVORCED DEPENDANT PR.S

INTEGRITY

Newbie
May 21, 2010
4
0
Pls help its urgent,
I am a Canadian Permanent Resident card holder, but now in Scotland because of my academic program I started before we were granted PR Visa. But to my greatest surprise, just a month to finishing my academic program and finially move to join her in Canada, she file in for divorce from Canada, after 15 years of marriage. And she even told me that she has already changed to another name after the divorce. But that I should expect a divorce paper for me to sign. Men, I can't believe this. Its just like a dream. Its absolutely crazy. I am so shattered with this development that I can't even concentrate in my studies. And God knows I truely love my wife.
Unfortunately, she is the principal applicant while I am her dependant (Husband) who financed this whole immigration project from A - Z. Infact, I feel cheated.
QUESTION: As a divorced "dependant" husband, with PR Card already with me, do I still have right to enter into Canada next month and continue my life? Will I be restricted from entering Canada, considering this unexpected development from a wicked wife who has changed her maiden name? Will I be ask about my marital status at POE? How does this development affect my immigration status in Canada? Pls help its urgent.
Please help.
 

Siouxie

Hero Member
Sep 15, 2008
273
31
Ontario
Visa Office......
Vegreville / London UK
App. Filed.......
16-02-2005
LANDED..........
26=01=2010
Presumably you have already "landed" and secured your PR status - you say that you hold a PR card.

If this is the case then you are free to return to Canada and continue you life, providing you have the necessary residency obligations to retain PR. The pending divorce does not affect your immigration status what-so-ever as you are already a landed immigrant.

I would strongly suggest you do not sign any divorce papers until you have spoken with a lawyer. Depending on which province your wife resides in, there are regulations about division of property, marital assets etc., and you should get advice as to your rights. You may even be due some spousal support. As her spouse you have entitlements. You are also entitled to half of any pension contributions she has made whilst in Canada.

Unless you have been separated for more than a year it would be difficult for her to divorce you without cause, in any case you would have the right of response to the divorce application, and then your signature would be required before the divorce would be finalised... so for her to tell you she has already divorced cannot be correct. In order to get a divorce in Canada she would need to have lived here for more than a year.

"either or both of you have lived in the Canadian province or territory for at least one year immediately before applying for a divorce in that province or territory."

http://www.divorceincanada.ca/general.htm#How%20file

Uncontested Divorce in Canada

What happens if my spouse and I agree on all the issues raised by the divorce?

If you and your spouse agree on all issues, you have an uncontested divorce. In most provinces and territories, court officials process uncontested divorces and you do not have to appear in court.

Note that you cannot file an 'uncontested divorce' - the divorce becomes 'uncontested' only after your spouse has been served (given a copy of the filed Application for Divorce) and he or she does not respond by filing an Answer within the required time period. If he or she does not file an Answer, the divorce becomes 'uncontested'.

Has she served divorce papers on you? If she has you can contest it. If she hasn't but states you are divorced, you should contact a lawyer immiediately.

If you would care to post which province she resides in I will endevour to provide some links to the divorce / support laws. For general information about the divorce process in Canada, please see this website: http://www.servicecanada.gc.ca/eng/lifeevents/divorce.shtml

I am sorry that you are having to go through this.
 

canadianwoman

VIP Member
Nov 6, 2009
6,200
284
Category........
Visa Office......
Accra, Ghana
Job Offer........
Pre-Assessed..
App. Filed.......
30-01-2008
Interview........
05-05-2009
Do you already have a PR card, or only the visa? That is, have you already landed in Canada, and then left to study, or haven't you gone to Canada yet?
If you really have a PR card, you can go back to Canada and live there. If not, and you only have the visa, you are supposed to tell CIC about your change in status, and tell the immigration officer when you land. But on the other hand, you are not divorced yet - no matter what your wife said - so you are still married, so when landing could honestly say you are still married.
 

rahim400

Newbie
Apr 1, 2008
5
0
Hi guys

Well i have a difficult situation now a days, i married a Canadian girl, she sponsored me, i landed here 9 months ago, i got my PR card after 2 months i left for Pakistan i stayed there for 6 months i came back. i stayed with my wife first day, that night she told me that with you i don't have any future, you r settling down, it is a time taking procedure, so i asked what happened, and she told me that she is moving to Calgary to her ex boyfriend, who is very sound financially, and she told me that she is giving me divorce. I am going into some bad time of my life, now she is filing for divorce pretty soon i don't know when but she said soon. My question is that if she divorced me ,and i go to my ex wife, we have two kids together, can i do that it is just i m thinking like that, may be she doesn't want to go back with me.

I called one immigration consultant in Toronto and he made me more upset. He told me that if she divorced you, and u go to your first wife then they might suspect that the relationship u had was not genuine. I don't know how far it is true but this feedback i got from him. and he threaten me that my PR status could be canceled, i don't know y if she is divorcing me, that is her decision i still try to convince her but so far no success. But if she divorced me i don't want to go in any new relationship, i would rather go back to my ex wife and live together with kids, if she agrees off course.

please if anybody know something about such conditions please post your reply.
 
I

iarblue

Guest
Wow life just gets more confusing,in order for her to divorce you you have to be served divorce papers even if your out of the country they have to give you a chance to get a lawyer and such.
And if she trys to tell the courts she couldnt find you to have you served,you have proof she called you to say she was divorcing you right.
And if your coming to land as far as your concerned you are married until you get a divorce certificate you are married.If you already have your PR card then you can come no problems.

As for the other guy are you saying now you want to try and sponsor your ex wife if she will have you back?
 

Lois Lane

Hero Member
May 14, 2008
414
13
(close to Toronto) Ontario
Category........
Visa Office......
Rabat, Morocco
Job Offer........
Pre-Assessed..
App. Filed.......
10 2007
k
INTEGRITY said:
Pls help its urgent,
I am a Canadian Permanent Resident card holder, but now in Scotland because of my academic program I started before we were granted PR Visa. But to my greatest surprise, just a month to finishing my academic program and finially move to join her in Canada, she file in for divorce from Canada, after 15 years of marriage. And she even told me that she has already changed to another name after the divorce. But that I should expect a divorce paper for me to sign. Men, I can't believe this. Its just like a dream. Its absolutely crazy. I am so shattered with this development that I can't even concentrate in my studies. And God knows I truely love my wife.
Unfortunately, she is the principal applicant while I am her dependant (Husband) who financed this whole immigration project from A - Z. Infact, I feel cheated.
QUESTION: As a divorced "dependant" husband, with PR Card already with me, do I still have right to enter into Canada next month and continue my life? Will I be restricted from entering Canada, considering this unexpected development from a wicked wife who has changed her maiden name? Will I be ask about my marital status at POE? How does this development affect my immigration status in Canada? Pls help its urgent.
Please help.
if you have landed and so have PR status you wont have a problem at all, even if you were here just for one day, but if you have not entered canada since getting your visa it could be a problem at the airport a, they ask if there are any chances in your relationship, not if you are married, but if your wife has not advised immigration that she is cancelling your sponsorship, then you can technically say no change...goodluck
 

canadianwoman

VIP Member
Nov 6, 2009
6,200
284
Category........
Visa Office......
Accra, Ghana
Job Offer........
Pre-Assessed..
App. Filed.......
30-01-2008
Interview........
05-05-2009
rahim400 said:
Well i have a difficult situation now a days, i married a Canadian girl, she sponsored me, i landed here 9 months ago, i got my PR card after 2 months i left for Pakistan i stayed there for 6 months i came back. i stayed with my wife first day, that night she told me that with you i don't have any future, ... My question is that if she divorced me ,and i go to my ex wife, we have two kids together, ...

I called one immigration consultant in Toronto and he made me more upset. He told me that if she divorced you, and u go to your first wife then they might suspect that the relationship u had was not genuine. ...and he threaten me that my PR status could be canceled,
The immigration consultant is right. If you've stayed for only 2 months with your Canadian wife, and went back to Pakistan for 6 months 2 months after landing, and then get divorced, it will look like a marriage of convenience designed to get you into Canada. If you then right away remarry your exwife, and try to sponsor her and your kids to Canada, this makes the situation look even more suspicious. It looks like you divorced your first wife and married a Canadian so you could become a PR. Once you are a PR, you almost immediately leave your second wife, get divorced, and remarry your first wife - CIC is going to assume just so you can sponsor her and the kids to Canada.
If you try to sponsor your remarried ex-wife and your children, they will almost certainly be refused a PR visa, and you might lose yours for misrepresentation. You might win on appeal, but waiting for an appeal can take two years. Whatever you do, I suggest you don't remarry your exwife right after you get a divorce and then try to sponsor her right away. No way will CIC believe that.
 

rahim400

Newbie
Apr 1, 2008
5
0
Hi

yes well as i said this is her decision, that she want to divorce me, now as i said i am thinking to remarry my ex wife, we were divorced back in 2007. long time before i came to Canada. I came here from USA, i met her in USA i mean my Canadian wife, and i am not planning to remarry soon, i have to settle down first, still if i marry after a while, will be a problem. waiting for replies
 

Halifax-Maple

Star Member
Jul 19, 2009
130
12
rahim400 said:
Hi

yes well as i said this is her decision, that she want to divorce me, now as i said i am thinking to remarry my ex wife, we were divorced back in 2007. long time before i came to Canada. I came here from USA, i met her in USA i mean my Canadian wife, and i am not planning to remarry soon, i have to settle down first, still if i marry after a while, will be a problem. waiting for replies
You have been given the replies (above). However, I smell Hallow 1 (fiction) in your new version of posts. I also believe you are the same person who posted similar fiction question in the other forum. here is the link:
http://www.canada-city.ca/canada-immigration/posting.php?messageid=29785