non-accompanying dependent visa status

[ajaysinh]

I am from India.
I own PR Visa of CANADA. I am legally separated from my dependent. I have already submitted the required documents related to my separation from my old dependent. After submitting the legally separated documents, my Visa status was changed and for my marital status on my CPR, It was written as “LEGALLY SE” (i.e. LEGALLY SEPARATED).


Query 1: Now, I have question that in future what will be the other documents (apart from the marriage certificate) I need to submit, if I marry other girl?

Query 2: As you know that I am already legally separated from my past dependent, however her name is still there on my CPR. I would be thankful to you if I get the answer that why her name is still there even though we are legally separated?

Query 3: I would also like to know that can my past dependent land in Canada or not? Has her visa been cancelled or she can still go to Canada?

Query 4: is divorce decree required to produce when ever I get married again and want to take her to Canada with me?

I would be really thankful to you if I get the solutions of these queries.

Note: Kindly take a note that I have already disclosed and submitted all necessary documents of my separation from my old dependent to visa office. After submission of documents, I got new Visa stating my changed marital status.

 

[PMM]

Hi

I am from India.
I own PR Visa of CANADA. I am legally separated from my dependent. I have already submitted the required documents related to my separation from my old dependent. After submitting the legally separated documents, my Visa status was changed and for my marital status on my CPR, It was written as “LEGALLY SE” (i.e. LEGALLY SEPARATED).


Query 1: Now, I have question that in future what will be the other documents (apart from the marriage certificate) I need to submit, if I marry other girl?

Query 2: As you know that I am already legally separated from my past dependent, however her name is still there on my CPR. I would be thankful to you if I get the answer that why her name is still there even though we are legally separated?

Query 3: I would also like to know that can my past dependent land in Canada or not? Has her visa been cancelled or she can still go to Canada?

Query 4: is divorce decree required to produce when ever I get married again and want to take her to Canada with me?

I would be really thankful to you if I get the solutions of these queries.

Note: Kindly take a note that I have already disclosed and submitted all necessary documents of my separation from my old dependent to visa office. After submission of documents, I got new Visa stating my changed marital status.

1. Divorce certificate.
2. You can do anything about that.
3. Probably has been cancelled but under the privacy act, CIC won't tell you.
4. See 1.

 

[Leon]

You need to be legally divorced before you can marry and sponsor another woman. The visa of your ex is probably cancelled but whether it is or not, it will not affect you in any way so you do not need to care.

 

[ajaysinh]

Hello PMM,

Thanks for ur valuable reply...

But one question I have is that " Isn't notarised mutual agreement enough to produce ?, coz as I already stated that It is written on my CPR as Legally Separated"

Hope u will reply..thanking u in advance...

 

[ajaysinh]

Same question to Leon too which I asked to PMM.

Thank you leon..

 

[Leon]

If you were legally married, you need to be legally divorced in order to re-marry. If you re-marry before you are legally divorced, you will have committed bigamy (being married to two women at the same time) and your 2nd marriage will not be seen as valid by immigration.

If you were not married but lived together (common law partners) than you are not legally married and do not need to be legally divorced, then a statement would be enough.

 

[ajaysinh]

Thanks leon..
Unfortunetly, I got legally married as marriage certificate was required..
So, I will need to produce divorce decree..is it so?

Moreover, Is there any way to take new spouse with me? Fyi, at present I am not married to any other girl...

I am also intersted in knowing "what exactly does non-accompanying mean in my case?"

Hope u will surely reply...

Really thankful to u and all those who reply..

 

[Leon]

Thanks leon..
Unfortunetly, I got legally married as marriage certificate was required..
So, I will need to produce divorce decree..is it so?

Moreover, Is there any way to take new spouse with me? Fyi, at present I am not married to any other girl...

I am also intersted in knowing "what exactly does non-accompanying mean in my case?"

Hope u will surely reply...

Really thankful to u and all those who reply..

You will need to produce divorce papers.

If you have lived with your girlfriend as a man and wife for 12 months, you would be considered a common law partnership in which case you can take her with you without needing a divorce paper. However, it does not sound like you have lived with her that long if you have just broken up with your wife.

Non-accompanying means not coming with you. Are you referring to your wife in this case or your girlfriend? Your wife would have been a non-accompanying dependant if you listed her as non-accompanying when you applied or if you changed her status to non-accompanying later. However, now it seems that she was removed from your application. As for the girlfriend, if you are not married to her and have not lived with her for 12 months as a man and wife, she is not considered to be your dependent.

 

[ajaysinh]

Thanks again Leon..

But parheps my understanding doesn't make me understood exactly...

Actually,on my CPR, under the heading 'Dependent information' and under the question that ' Have you any other deendent other then those listed below? "
Under this question,Name written is of my OLD WIFE( with whom i got divorsed)...
I am curious that why her name is still there as a dependent even though we got separated legally?

Does that mean that still she has visa and can follow me?

Moreover, I did not get the answer that what are the other ways to take NEW spouse with me either as a dependent or as a non dependent?

Your replies are so easy to understand...thanks

 

[Leon]

Thanks again Leon..

But parheps my understanding doesn't make me understood exactly...

Actually,on my CPR, under the heading 'Dependent information' and under the question that ' Have you any other deendent other then those listed below? "
Under this question,Name written is of my OLD WIFE( with whom i got divorsed)...
I am curious that why her name is still there as a dependent even though we got separated legally?

Does that mean that still she has visa and can follow me?

I think PMM already answered that. He said her visa has probabaly been cancelled but because of the privacy act, it is not your right to know. Personally, I would be very surprised if they let a separated spouse keep a PR visa. You can send a case specific enquiry to the visa office and ask why her name is still on there.

Like I said in my reply, it should not concern you if she gets a visa or not. Ex wife is ex wife. What she does should not concern you. If she did get a visa and go to Canada, how will that harm you? Canada is big and she may not even settle in the same city. Even if she did, odds are that you would never run into her. You should stop worrying about that. If your wife ends up in Canada because of the visa she got with you or some other visa she got on her own and starts harassing you, it would be the same as if any other person is harassing you, you can report harassment to the police.

Moreover, I did not get the answer that what are the other ways to take NEW spouse with me either as a dependent or as a non dependent?

I did reply to this. If you are not married to her and not in a common law relationship with her (lived together 12 months or more), then she is not your dependent. A person who is not your dependent, you have no right to take with you. In order to become your depenent, either you complete the divorce and marry her or you have to live with her for 12 months to qualify as common law. If you have not yet landed as a PR, keep in mind that you must clear up your status with immigration if it changes before you land so if you manage to get divorced and marry her before landing, you would have to notify them and add her to your file and I do not think you will have time to do all this before your PR visa expires. Therefore, you should land in Canada without your girlfriend, set up a life for yourself, find a job and an apartment. When your divorce is through, go and marry your girlfriend, then come back to Canada and sponsor her.

 

[ajaysinh]

Thanks leon...you are great....

You helped me a lot...

However, I will surely contact you on this platform if I will have any query...

Thanks for sparing time to reply me...

Thanks to PMM too...

 

[ajaysinh]

Hi,

My question is, which are the documents that I MUST MUST MUST keep with me while I land in canada?

** plz consider my upar mentioned senario..

 

[leikyut_31]

Hi Leon! I arrived here in Canada as temporary worker and now i am planning to apply my PR soon. My question is I declared married status during my application for work permit but we are separated already that time but not legally. Now is it ok to declare separated status on my my PR applcation and affidavit of separation is enough to prove the visa office? Is the visa office will question that why I didnt declare before? Because that time i dont know what to put on my application. Thanks! Any info will deeply appreciated!

 

[Leon]

Hi Leon! I arrived here in Canada as temporary worker and now i am planning to apply my PR soon. My question is I declared married status during my application for work permit but we are separated already that time but not legally. Now is it ok to declare separated status on my my PR applcation and affidavit of separation is enough to prove the visa office? Is the visa office will question that why I didnt declare before? Because that time i dont know what to put on my application. Thanks! Any info will deeply appreciated!

If you are legally separated now, you must write that on your PR application. If anybody asks when your status changed from married to separated, you can say it happened when your separation became legal.

 

[leikyut_31]

Tnx for ur reply replyleon. Thats the other issue we are stil not legally coz annunlement in philippines is really took long time procedure. But we made an notarized mutual agreement or affidavit that we both signed stating that we separated a year ago coz of merriage breakdown. Do u think this will work?