Permanent residency after Divorce

[briankeny]

Hello,
I have a complicated situation and want some clarification about my permanent residency status.
Last year I got separated from my now ex husband and before getting apart I got my pr from OINP. My ex was in India and he also got his PR via me and moved to Ontario.
I created a web form last year and asked for his permanent residency to be revoked but I still have no answer from them.
My parents are in the process of finding me a new man and I want to move on with my life, will this affect my permanent residency?
Will the immigration think that I did a fraud by getting him his pr and now I'm separated from him?

 

[scylla]

Hello,
I have a complicated situation and want some clarification about my permanent residency status.
Last year I got separated from my now ex husband and before getting apart I got my pr from OINP. My ex was in India and he also got his PR via me and moved to Ontario.
I created a web form last year and asked for his permanent residency to be revoked but I still have no answer from them.
My parents are in the process of finding me a new man and I want to move on with my life, will this affect my permanent residency?
Will the immigration think that I did a fraud by getting him his pr and now I'm separated from him?

If he has already landed and become a PR then almost certainly too late to revoke his PR status. It's his to keep.

You should have contacted IRCC before he became a PR.

 

[briankeny]

If he has already landed and become a PR then almost certainly too late to revoke his PR status. It's his to keep.

You should have contacted IRCC before he became a PR.

Thank-you for your answer.

What are the implications of him still being here? Do I have any obligations towards him?
If I plan to marry a new man by the end of this year, can I support their pr too? Most certainly my family would want me to get someone from back home. And I would like to know if they can get their pr too through me.

 

[scylla]

Thank-you for your answer.

What are the implications of him still being here? Do I have any obligations towards him?
If I plan to marry a new man by the end of this year, can I support their pr too? Most certainly my family would want me to get someone from back home. And I would like to know if they can get their pr too through me.

You have no obligations towards him from an immigration perspective however you'll want to speak to a family lawyer about the rest.

I don't think a marriage this year is realistic. You need to get officially divorced first before you can get remarried. Before you can file for divorce in Canada, you first have to be separate for a year and then you need to wait for the divorce to be finalized which takes additional time.

Speak to a family lawyer in Canada to understand next steps.

 

[canuck78]

Hello,
I have a complicated situation and want some clarification about my permanent residency status.
Last year I got separated from my now ex husband and before getting apart I got my pr from OINP. My ex was in India and he also got his PR via me and moved to Ontario.
I created a web form last year and asked for his permanent residency to be revoked but I still have no answer from them.
My parents are in the process of finding me a new man and I want to move on with my life, will this affect my permanent residency?
Will the immigration think that I did a fraud by getting him his pr and now I'm separated from him?

The other potential issue is that you misrepresented your relationship status when you landed which IRCC may realize when you try to sponsor another spouse. As already mentioned you were required to to inform IRCC that your relationship had broken down and either removed your spouse from your application or at least changed them to non-accompanying

 

[Simba112]

Thank-you for your answer.

What are the implications of him still being here? Do I have any obligations towards him?
If I plan to marry a new man by the end of this year, can I support their pr too? Most certainly my family would want me to get someone from back home. And I would like to know if they can get their pr too through me.

If you find someone from here, who is PR or a Citizen, that problem go away ( Again I mean IF ). I am not sure whether you signed Undertaking, if you did read below... You will not be able to sponsor another spouse until after 3yrs and your ex husband will not be able to sponsor someone else until after 5yrs. And if he receive any social assistance, which is normal now due to cost of living, you will have to repay before sponsoring someone else

Your obligations as a sponsor
When you agree to be a sponsor, you must sign an undertaking, promising to give financial support for the basic needs of your spouse or partner and their dependent children.

Basic needs are:

• food, clothing, shelter and other needs for everyday living,
• dental care, eye care and other health needs that aren’t covered by public health services.

Before signing the undertaking agreement, you must make sure the people you sponsor won’t need to ask the government for financial help. If they receive social assistance, you’ll have to pay back what they received during the time you are legally responsible for them. You won’t be able to sponsor anyone else until you’ve repaid the amount. For more information, see the Defaults section below.

The undertaking is a binding promise of support, meaning that it is your responsibility to support the applicant(s) for the length of the undertaking period even if your situation changes. The undertaking will stay in effect for the length of the undertaking period, even if your situation changes. The undertaking won’t be cancelled, even if:

• the person you sponsor becomes a Canadian citizen
• you become divorced, separated or your relationship with the sponsored person breaks down
• you or the person you sponsor move to another province or country
• you have financial problems

 

[canuck78]

If you find someone from here, who is PR or a Citizen, that problem go away ( Again I mean IF ). I am not sure whether you signed Undertaking, if you did read below... You will not be able to sponsor another spouse until after 3yrs and your ex husband will not be able to sponsor someone else until after 5yrs. And if he receive any social assistance, which is normal now due to cost of living, you will have to repay before sponsoring someone else

Your obligations as a sponsor
When you agree to be a sponsor, you must sign an undertaking, promising to give financial support for the basic needs of your spouse or partner and their dependent children.

Basic needs are:

• food, clothing, shelter and other needs for everyday living,
• dental care, eye care and other health needs that aren’t covered by public health services.

Before signing the undertaking agreement, you must make sure the people you sponsor won’t need to ask the government for financial help. If they receive social assistance, you’ll have to pay back what they received during the time you are legally responsible for them. You won’t be able to sponsor anyone else until you’ve repaid the amount. For more information, see the Defaults section below.

The undertaking is a binding promise of support, meaning that it is your responsibility to support the applicant(s) for the length of the undertaking period even if your situation changes. The undertaking will stay in effect for the length of the undertaking period, even if your situation changes. The undertaking won’t be cancelled, even if:

• the person you sponsor becomes a Canadian citizen
• you become divorced, separated or your relationship with the sponsored person breaks down
• you or the person you sponsor move to another province or country
• you have financial problems

The spouse was included on the PR application not sponsored. The big issue is misrepresentation of relationship status.

 

[Simba112]

The spouse was included on the PR application not sponsored. The big issue is misrepresentation of relationship status.

Thank you, I missed that part...

 

[briankeny]

Thank you, I missed that part...

Thank you for your reply, you are appreciated. I understand the misrepresentation and would like to add further that I have my divorce scheduled for this year in June(Will complete my one year) and will be officially divorced from him.

My timelines were a bit complicated, I stopped talking with him and proceeded with the legal proceedings after he landed in Canada which was in May because he did not agree to meet me, which was the last straw. I hoped I'd have the chance to save the marriage and work on the relationship after he landed, but it all went downhill.

That's when I immediately reported this to IRCC via a web form. Is there any way I can let IRCC know that I did everything in my power to inform them and did no misrepresentation?

 

[briankeny]

Thank you for your reply, you are appreciated. I understand the misrepresentation and would like to add further that I have my divorce scheduled for this year in June(Will complete my one year) and will be officially divorced from him.

My timelines were a bit complicated, I stopped talking with him and proceeded with the legal proceedings after he landed in Canada which was in May because he did not agree to meet me, which was the last straw. I hoped I'd have the chance to save the marriage and work on the relationship after he landed, but it all went downhill.

That's when I immediately reported this to IRCC via a web form. Is there any way I can let IRCC know that I did everything in my power to inform them and did no misrepresentation?

To add more clarity, I was in Canada and was a student here when I got my PR, I was in 4 months into my 2nd year of my studies and I got my OINP based on my Previous work history from back home.

 

[scylla]

Thank you for your reply, you are appreciated. I understand the misrepresentation and would like to add further that I have my divorce scheduled for this year in June(Will complete my one year) and will be officially divorced from him.

My timelines were a bit complicated, I stopped talking with him and proceeded with the legal proceedings after he landed in Canada which was in May because he did not agree to meet me, which was the last straw. I hoped I'd have the chance to save the marriage and work on the relationship after he landed, but it all went downhill.

That's when I immediately reported this to IRCC via a web form. Is there any way I can let IRCC know that I did everything in my power to inform them and did no misrepresentation?

I don't think there's anything you can do now.

When you submit the application to sponsor your new spouse once you are remarried, you will want to include a letter to explain the circumstances as part of this application. Make sure you wait until you are fully and legally divorced in Canada before remarrying. Also, since it sounds like your new marriage is going to be an arranged marriage, make sure you complete all of the related ceremonies and celebrations before submitting the sponsorship application. Also make sure you've spent some time with your new spouse.

Note that in order to sponsor your new spouse, you will need to be in Canada to submit the application and will need to continue living in Canada while the application is processed.

 

[Miss bee]

Hello,
I have a complicated situation and want some clarification about my permanent residency status.
Last year I got separated from my now ex husband and before getting apart I got my pr from OINP. My ex was in India and he also got his PR via me and moved to Ontario.
I created a web form last year and asked for his permanent residency to be revoked but I still have no answer from them.
My parents are in the process of finding me a new man and I want to move on with my life, will this affect my permanent residency?
Will the immigration think that I did a fraud by getting him his pr and now I'm separated from him?

Your separation from your ex-husband and your efforts to move on with your life should not negatively impact your permanent residency status in Canada. When you applied for PR through the OINP, you and your ex-husband were assessed based on your relationship and eligibility at that time. If the relationship was genuine and not entered into for immigration purposes, you are not at risk of being accused of misrepresentation or fraud simply because the relationship ended later.

It’s good that you notified IRCC through a web form about the change in your marital status. However, PR revocation is a rare process and typically only pursued if there is clear evidence of fraud or misrepresentation during the application process. The delay in IRCC’s response is not uncommon, as such matters can take time to review, but it does not necessarily indicate any issues on your end.

Your plans to move forward with a new partner and possibly remarry in the future will not affect your current PR status. IRCC evaluates cases based on the information provided during the application and any significant changes that occur after landing, such as separation or divorce, are generally treated as personal matters unless tied to misrepresentation. If you wish to sponsor a new spouse in the future, you will need to meet the sponsorship requirements, but your separation from your ex-husband will not prevent you from doing so.
As long as you have been honest in all your dealings with IRCC, there should be no reason for concern about your permanent residency status.

 

[canuck78]

Your separation from your ex-husband and your efforts to move on with your life should not negatively impact your permanent residency status in Canada. When you applied for PR through the OINP, you and your ex-husband were assessed based on your relationship and eligibility at that time. If the relationship was genuine and not entered into for immigration purposes, you are not at risk of being accused of misrepresentation or fraud simply because the relationship ended later.

It’s good that you notified IRCC through a web form about the change in your marital status. However, PR revocation is a rare process and typically only pursued if there is clear evidence of fraud or misrepresentation during the application process. The delay in IRCC’s response is not uncommon, as such matters can take time to review, but it does not necessarily indicate any issues on your end.

Your plans to move forward with a new partner and possibly remarry in the future will not affect your current PR status. IRCC evaluates cases based on the information provided during the application and any significant changes that occur after landing, such as separation or divorce, are generally treated as personal matters unless tied to misrepresentation. If you wish to sponsor a new spouse in the future, you will need to meet the sponsorship requirements, but your separation from your ex-husband will not prevent you from doing so.
As long as you have been honest in all your dealings with IRCC, there should be no reason for concern about your permanent residency status.

If there are already issues in the marriage you should list them as non-accompanying. If there was minimal time spent together in a home country and none in Canada yes that could be problematic for IRCC and also raise concerns about this new marriage. One reason why if remarrying should spend significantly more time in person before applying for sponsorship.