divorcing sponsored spouse

[OrionUnas]

My wife and I have decided to divorce, but I would still like to sponsor her to come to Canada, what should I do? Our application is already in Manilla, sitting on a desk waiting to be looked over. It arrived back in May, so it's only been there 3(?) months.

 

[Mez007]

Hum Are you Sure about this ?
You can only Sponsor someone as a family member....

 

[Sweden]

you can't sponsor her. You can only sponsor your wife. If you're getting a divorce, she is not part of the family class anymore, and can not be sponsored. If you do go ahead with the sponsorship, it's misrepresentation of facts. If you're a PR yourself, your own PR could be in trouble for mis-representing the facts.
When landing in Canada, your wife will be asked if she is still married. If it's not the case, her PR will be refused.

If you're getting a divorce, you should contact CIC and withdraw the sponsorship application. Anything else is fraud.
If your wife (or ex-wife) wants to come to Canada, she will have to emigrate under another category.
Sweden

 

[jwa007]

If this is your intent, you should inform CIC that you and your wife intend on getting a divorce as soon as possible. That way they will be able to process the application accordingly.

 

[yukon1970]

and don't try to lie or pull a scam to get her in either. under the new regulations the spouse or partner must live in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. The status of the sponsored spouse or partner may be revoked if they do not remain in the relationship.

you are obviously not going to be together, cancel your application now

 

[Iay]

There's no point of sponsoring her in the first place. You do not want to be responsible of someone for 3 years if she isn't part of your family anyway.

It's just been 3 months, don't wait until the fire gets bigger, cancel your application now.

On the other note, Do you have kids? Is this why you wanted to push through?

 

[jwa007]

If this is your intent, you should inform CIC that you and your wife intend on getting a divorce as soon as possible. That way they will be able to process the application accordingly.

Just for clarification, by "process the application accordingly" I mean deny. Fraudsters like the OP are part of the reason there is such a backlog and legit applicants such as myself are still waiting...

 

[OrionUnas]

Actually I'm not a fraud. My wife and I married, and we decided to live in Canada. I don't have to explain myself to you, jwa007. We sent the application this year, and this year we decided to divorce. Now I am looking into my options available.

Thank you to the rest of you with legitimate answers.

And yes, we have a daughter, that is why I want to continue the process. And I am not a PR, or anything, I'm 100% Canadian, born and raised.

 

[jwa007]

Actually I'm not a fraud. My wife and I married 2 years ago, and we decided to live in Canada. I don't have to explain myself to you, jwa007. We sent the application this year, and this year we decided to divorce. Now I am looking into my options available.

Thank you to the rest of you with legitimate answers.

I am not asking you to explain yourself. My point - which is quite legitimate - is that if you intend on getting a divorce, you should notify CIC immediately and withdraw your application. If you do not do that, you are committing a fraud. To my knowledge, with the information that you have provided, there is no other way for you to sponsor your wife. The way you phrased your original question, it appeared as though you were looking for a way around the legitimate sponsorship process.

If she qualifies on her own merits, perhaps as a skilled worker, that is a different story and good luck to her.

 

[zardoz]

and don't try to lie or pull a scam to get her in either. under the new regulations the spouse or partner must live in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. The status of the sponsored spouse or partner may be revoked if they do not remain in the relationship.

you are obviously not going to be together, cancel your application now

The conditional PR does not apply to those that have a child together. This doesn't change the fact that this application is dead in the water and should immediately be withdrawn. Anything else would be misrepresentation, but I think that the OP is now fully aware of this.

 

[Aldagr813]

I think OP could still sponsor his daughter as a dependent providing his wife agrees. Of course she is out of the application. I don't know the complications of continuing to sponsor a child of a divorced couple. But as along as his wife consents then atleast the kid can visit OP in future or live with him in Canada.

 

[OrionUnas]

Sorry jw007, your concern is of course legitimate. And, my first post does seem that way. Which is why I am asking here. I apologize for offending!

I should clarify that we are NOT divorcing, and are NOT in the process of divorce. We are still married, however I live in Canada and she does not. I am already fully aware that I need to tell CIC WHEN I am divorced. However, to obtain a Divorce in Canada, you must be separated for 1 year. It's ony been 3 weeks since I returned home.

My daughter already has her Canadian Citizenship Certificate, and because I am Canadian, she does not require to be sponsored. She does not have her Canadian Visa as of yet, so she can not leave South Korea, and besides she is only 15 months. (Hoping I don't sound like a neglectful father... But I can not take my daughter with me without permission from her mother, otherwise it's kidnapping.)

I had just finished talking to a CIC Agent about 2 minutes ago. The application is NOT dead in the water, because it is still waiting to be viewed in the Manilla office. The application arrived in May. Thank you everyone for your suggestions!

 

[scos]

Sorry jw007, your concern is of course legitimate. And, my first post does seem that way. Which is why I am asking here. I apologize for offending!

I should clarify that we are NOT divorcing, and are NOT in the process of divorce. We are still married, however I live in Canada and she does not. I am already fully aware that I need to tell CIC WHEN I am divorced. However, to obtain a Divorce in Canada, you must be separated for 1 year. It's ony been 3 weeks since I returned home.

My daughter already has her Canadian Citizenship Certificate, and because I am Canadian, she does not require to be sponsored. She does not have her Canadian Visa as of yet, so she can not leave South Korea, and besides she is only 15 months. (Hoping I don't sound like a neglectful father... But I can not take my daughter with me without permission from her mother, otherwise it's kidnapping.)

I had just finished talking to a CIC Agent about 2 minutes ago. The application is NOT dead in the water, because it is still waiting to be viewed in the Manilla office. The application arrived in May. Thank you everyone for your suggestions!

So in other words you are going to delay your divorce until she is here. Sure, legally you can do it since as you say you are still married. And you can both lie about how much you love each other and the marriage is genuine and you intend to be together forever.

But you said in your first post "My wife and I have decided to divorce" which is a pretty clear statement. So in the end it is still fraud. That is because the purpose of the marriage at this point is to give your wife PR status. That is pretty much the definition of marriage fraud in the family class manual.

Your marriage and application up to now has been legitimate. But jw007 is right, if your intention as a couple is to divorce then you should inform CIC of the fact and withdraw the application. If for personal reasons you want to get her PR status before you divorce her you can probably do it. But you should know what it is you are really doing at that point.

 

[canadianwoman]

I should clarify that we are NOT divorcing, and are NOT in the process of divorce. We are still married, however I live in Canada and she does not. I am already fully aware that I need to tell CIC WHEN I am divorced. However, to obtain a Divorce in Canada, you must be separated for 1 year. It's ony been 3 weeks since I returned home.

If the marriage has broken down, your wife is no longer eligible to be sponsored. A couple does not have to have already divorced, or be in the process of divorcing for CIC to find that the marriage is over. If you two are separated (by which I mean, you do not intend to continue your relationship; a couple who is separated because of work or immigration problems, but who intend to stay in a relationship are still a legitimate couple), then your wife is not part of the family class and is not eligible to be sponsored by you. It does not matter if the marriage used to be genuine - what matters is whether the marriage is genuine when the application is sent in, when it is processed, when a PR visa is issued, and when the applicant lands.

My daughter already has her Canadian Citizenship Certificate, and because I am Canadian, she does not require to be sponsored. She does not have her Canadian Visa as of yet, so she can not leave South Korea, and besides she is only 15 months.

Your child does not need a visa to enter Canada; she needs a Canadian passport, which she is eligible for.

I had just finished talking to a CIC Agent about 2 minutes ago. The application is NOT dead in the water, because it is still waiting to be viewed in the Manilla office. The application arrived in May. Thank you everyone for your suggestions!

You might be successful in sponsoring your `wife`but only if CIC does not find out that your marriage is over. South Korean applicants are often accepted without much scrutiny and without an interview, so it might work. However, it is in fact a marriage of convenience at this point, and should not be accepted.

 

[zardoz]

The OP should read section 9.2 of http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf very carefully. It deals with subject of misrepresentation in great detail, and this case would, from the information provided, fit the definition if the sponsorship application is allowed to continue.