Divorcing My Wife/Sponsor Before I Land?

[Mugwump]

I have been married to my wife for two years. I have my papers to cross the border and can land right now. However, our marriage has been hell from the get go and we are currently going through the separation process and then divorce. Can I still immigrate? She won't let me live with her, so I'd have to get my own place. She claims she emailed CIC and told them she no longer wants to sponsor me. I think this is another one of her lies. It seems to me that she is bound to the three year period and is responsible for me. Can anyone confirm? Anybody here been through a situation like this? Thanks in advance.

 

[JRPW]

I have been married to my wife for two years. I have my papers to cross the border and can land right now. However, our marriage has been hell from the get go and we are currently going through the separation process and then divorce. Can I still immigrate? She won't let me live with her, so I'd have to get my own place. She claims she emailed CIC and told them she no longer wants to sponsor me. I think this is another one of her lies. It seems to me that she is bound to the three year period and is responsible for me. Can anyone confirm? Anybody here been through a situation like this? Thanks in advance.

When did you send in your application? Before October 25, 2012? After October 25, 2012? Do you have Condition 51 written on your COPR?

 

[Sweden]

If you haven't landed as a PR yet, then don't. Your PR is based on the relationship with your wife, so if you land now when you are already going through separation/divorce, you would be lying and committing mis-representation. If CIC finds out, then your PR will be taken away, and there is a good chance that you will be deported.

Your wife is not responsible yet for you - the 3 years sponsorship only comes into effect from the moment you land. If she has indeed reported you to CIC and withdrawn her sponsorship (which would be the right thing to do as you are getting a divorce), you won't be able to land - when arriving at the border, CBSA will be able to see that the sponsorship has been withdrawn, and that your PR application is not valid anymore, and you will be sent back.

So : if you want to come to Canada, start looking at other possibilities - skilled worker, etc. as spousal sponsorship is not an option anymore.
Sweden

 

[Mugwump]

My COPR is dated October 23 2013 and it does have condition 51.

 

[Sweden]

My COPR is dated October 23 2013 and it does have condition 51.

Regardless of that - don't land. See my previous post about the fact that you would be committing misrepresentation, and that most likely, by the sound of it, your wife might have informed CIC of your impending divorce, and might have withdrawn her sponsorship.

 

[mikeymyke]

Are you more interested in landing, or just simply going back to your country and moving on with your life? You wanted to move to Canada with the assumption that you'd be spending your life with your wife, now that you're divorced, you should just return home.

 

[Mugwump]

So : if you want to come to Canada, start looking at other possibilities - skilled worker, etc. as spousal sponsorship is not an option anymore.
Sweden

If I do decide to go another route does this raise red flags for CIC? I've read here that N.S. is looking for educators with advanced degrees and considered applying that way. What are my chances that this situation negatively affects my second application?

 

[JRPW]

If you haven't landed as a PR yet, then don't. Your PR is based on the relationship with your wife, so if you land now when you are already going through separation/divorce, you would be lying and committing mis-representation. If CIC finds out, then your PR will be taken away, and there is a good chance that you will be deported.

Your wife is not responsible yet for you - the 3 years sponsorship only comes into effect from the moment you land. If she has indeed reported you to CIC and withdrawn her sponsorship (which would be the right thing to do as you are getting a divorce), you won't be able to land - when arriving at the border, CBSA will be able to see that the sponsorship has been withdrawn, and that your PR application is not valid anymore, and you will be sent back.

So : if you want to come to Canada, start looking at other possibilities - skilled worker, etc. as spousal sponsorship is not an option anymore.
Sweden

Sweden is correct. Your wife (ex-wife) is not responsible for you if she withdrew her sponsorship and informed immigration of your imminent divorce. Besides, even IF you managed to get into Canada, you are required to live with your sponsor for two years after you land(Condition 51). Time to rethink your plan.

 

[Mugwump]

Are you more interested in landing, or just simply going back to your country and moving on with your life? You wanted to move to Canada with the assumption that you'd be spending your life with your wife, now that you're divorced, you should just return home.

Mikey this is good common sense here. However, I do have the pull to look further into another route for immigration. Being a U.S. citizen, I have traveled into Canada a bunch and love the country. Also, spending so much time here I have made emotional investments with people that I am not ready to give up. So, going back to my first sentence - it is good common sense - I need to explore all my options before making a final decision.

 

[Sweden]

If I do decide to go another route does this raise red flags for CIC? I've read here that N.S. is looking for educators with advanced degrees and considered applying that way. What are my chances that this situation negatively affects my second application?

If you're clear about the situation, it shouldn't affect your application in any way - rather the contrary. You could just say that you had applied for spousal sponsorship and was granted PR, but your marriage broke down, and you decided not to land as a PR and apply on your own. It would show that you are prepared to get to Canada, but in a legal way.

I know that NS has recently started a new program where you need to be on the list of jobs/professions that are needed, but you don't need a job offer necessarily. see here http://novascotiaimmigration.com/immigrate/regional-labour-market-demand/

it's a new program, and it's in the beginning phase, so you might not be able to get in right away, but it's a more secure way to go - if you decide to land as a PR now based on the spousal sponsorship, you risk :
1) either to be turned back at the border on arrival if your wife has reported you
2) to have your PR taken away at any point if your wife reports you in the next few years

Neither of these are good options. Look at various immigration streams, find one that will suit you, and come to Canada on your own.
Sweden

 

[Sweden]

If you're a US citizen, you could also look into NAFTA (google will tell you all about it) - it's a good option for US citizen, and might get you a work permit quite fast.

 

[Mugwump]

Wow! Thanks for speedy responses. I am grateful for information. And I do not want to do anything shady or get myself into trouble - I visit the country too often for that. Cheers!

 

[keesio]

Regardless of that - don't land. See my previous post about the fact that you would be committing misrepresentation, and that most likely, by the sound of it, your wife might have informed CIC of your impending divorce, and might have withdrawn her sponsorship.

When landing, CIC will flat out ask you if anything has changed in regards to your relationship. If you do not disclose that you are going through a separation process, you are knowingly misrepresenting yourself to CIC which is a crime. There is no way to land without lying.