Hi My wife wants declaration of nullity of marriage

[AJPJ]

Hi my wife sponsor me to Canada but now she wants order of declaration of nullity of marriage instead of divorce. Could anybody tell me that if it will have any effect on my PR.

 

[screech339]

Hi my wife sponsor me to Canada but now she wants order of declaration of nullity of marriage instead of divorce. Could anybody tell me that if it will have any effect on my PR.

Here in Canada, nullifying your marriage is the same as divorce here. If you have condition 51 on your COPR, you can lose your PR status if your marriage is less than 2 years old.

Otherwise, if you don't have condition 51 on your COPR, the divorce has no bearing on your PR status.

Screech339

 

[taffy7]

yes .. if you have not landed yet she can contact cic and tell them about the breakdown in your relationship .2) if you have landed and have a condition 51 on your PR card she can also contact cic and tell them of your break down of relationship ..If you have been here for more than 2 years then nothing she can do ...

Basically she wants this marriage to be null and void ....invalid marriage from the start .

 

[AJPJ]

I landed in May 2013 but I don't have condition 51 on my CoPR.
So that means it doesn't affect my PR if it is divorce or nullity of marriage?

 

[Sweden]

I landed in May 2013 but I don't have condition 51 on my CoPR.
So that means it doesn't affect my PR if it is divorce or nullity of marriage?

Correct.

 

[SenoritaBella]

Divorce ends a valid marriage while annulment is a court declaration that a marriage is invalid (i.e. like it never happened). See this: http://www.cba.org/dev/BC/public_media/family/120.aspx

If the OP's wife can proof any of the factors, an annulment will be granted instead of divorce.

Here in Canada, nullifying your marriage is the same as divorce here. If you have condition 51 on your COPR, you can lose your PR status if your marriage is less than 2 years old.

Otherwise, if you don't have condition 51 on your COPR, the divorce has no bearing on your PR status.

Screech339

 

[screech339]

Divorce ends a valid marriage while annulment is a court declaration that a marriage is invalid (i.e. like it never happened). See this: http://www.cba.org/dev/BC/public_media/family/120.aspx

If the OP's wife can proof any of the factors, an annulment will be granted instead of divorce.

You are correct that there is a difference between nullifying the marriage and divorce. However that said, if nullifying the marriage means as if the marriage never took place, doesn't that means the PR applicant should have not gotten PR if the marriage "never happened"?

Was the PR spousal application stipulate that the marriage actually took place in order for the applicant to qualify for PR sponsorship. By nullifying the marriage, doesn't that also nullify the PR sponsorship, PR status?

Screech339

 

[SenoritaBella]

Good questions! To answer your question, no, it wouldn't nullify the PR sponsorship nor PR status. The divorce or annulment would have happened after the fact. They were married at the time of the application up to and including when he became PR.

Also, for immigration purposes, I think if she got an annulment and were to sponsor someone else, she would have to say she was married before and provide an explanation about the annulment. Not doing so could spell trouble (i.e. misrepresentation) since CIC would have a copy of the old marriage certificate.

You are correct that there is a difference between nullifying the marriage and divorce. However that said, if nullifying the marriage means as if the marriage never took place, doesn't that means the PR applicant should have not gotten PR if the marriage "never happened"?

Was the PR spousal application stipulate that the marriage actually took place in order for the applicant to qualify for PR sponsorship. By nullifying the marriage, doesn't that also nullify the PR sponsorship, PR status?

Screech339

 

[screech339]

Good questions! To answer your question, no, it wouldn't nullify the PR sponsorship nor PR status. The divorce or annulment would have happened after the fact. They were married at the time of the application up to and including when he became PR.

Also, for immigration purposes, I think if she got an annulment and were to sponsor someone else, she would have to say she was married before and provide an explanation about the annulment. Not doing so could spell trouble (i.e. misrepresentation) since CIC would have a copy of the old marriage certificate.

By going through the divorce, it would admit that you were in fact married. By nullifying the marriage, it seems to imply that the marriage never took place. So there is a difference between the two. If the "marriage" never took place especially over 1 year of "supposedly marriage that never took place" during the PR process for PR applicant to land. It sort of defeat the purpose of nullifying the marriage. I can understand nulling the marriage within a week of marriage but nulling a marriage after PR process is done after PR landed? Sounds fishy to "null" the marriage when in fact she is really "divorcing" the PR applicant. Guess she didn't want the stigma of "divorced" attached to herself.

Screech339

 

[QuebecOkie]

I'm with Screech in that it seems strange to "null" a marriage after such a long time and going through an immigration process together. I'm curious as to what grounds she has to seek nullification. I know an ex-boyfriend's mother got an annulment of her marriage after over 20 years and having two (grown) children with her then-husband. However, that was an issue of religion; she had to have her marriage annulled by the Catholic Church before she could remarry within the church. (Frankly, the Catholic "annulment" process sounds like a money grab to me. No WAY did her 20+ year marriage simply not exist. Maybe it wasn't an ideal relationship, but more than two decades and sharing two grown children plus a grandchild says there was definitely a marriage. But you have to pay for the annulment, so I guess it's a win for the Church.)

 

[taffy7]

I was always told you could only get an annulment if you didn't consummate the marriage... The Catholic church requires it to be annulled to re marry in a church . I think she is just playing head games with him.

 

[screech339]

I was always told you could only get an annulment if you didn't consummate the marriage... The Catholic church requires it to be annulled to re marry in a church . I think she is just playing head games with him.

Technically that usually the reason for nulling the marriage. But that is no longer the requirement. As long as you got the money to spend and the patience to wait, the church will nullify the marriage despite the contrary of having children and or long marriage.

As mentioned earlier it's a money grab from the church

Screech339