Please advise

[sophieschoice]

Hi everyone,

I hope someone here is able to advise me. My ex husband and I have 2 children together, both born in Canada. I hope to visit him in Canada next year and get married. My question is would it be better for him to apply for my permanent residency when I return back to UK or when I visit him again in August, to get a temporary visa and then he applies so the only reason for me to return to UK would be for the medical test, is this possible or should he apply for me straight after we are married? I would think it would be easier for me to move there in August, the kids can start school and while I'm there my husband would then apply for me, which way would be better?

 

[PMM]

Hi

Hi everyone,

I hope someone here is able to advise me. My ex husband and I have 2 children together, both born in Canada. I hope to visit him in Canada next year and get married. My question is would it be better for him to apply for my permanent residency when I return back to UK or when I visit him again in August, to get a temporary visa and then he applies so the only reason for me to return to UK would be for the medical test, is this possible or should he apply for me straight after we are married? I would think it would be easier for me to move there in August, the kids can start school and while I'm there my husband would then apply for me, which way would be better?

1. The medical can be done in Canada.
2. Though that is going to be the least of your problems. You and him, if you re-marry are going to have to overcome Section 4.1 of the regulations, in that the re-marriage is NOT to allow you to obtain your PR status.

SOR/2004-167, s. 3(E); SOR/2010-208, s. 1.

New relationship
4.1 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act.

 

[sophieschoice]

No that is not the case with us. If were only to marry because of the visa I would not have left Canada in the first place. After 7 years we have rekindled our relationship and wish to be together. What is this section4.1 and why should us two getting married should be so big a problem.

 

[Baloo]

Because getting remarried to your ex looks (to immigration) like you are doing it to obtain PR.


Section 4.1 is very important to your case. In lay terms is means that immigration would not consider you able to apply for PR - 4.1 says that
"you cannot be a spouse, a common-law partner or a conjugal partner if the foreign national has begun a new conjugal relationship with that person after a previous marriage"
and that is what you are trying to do.

The IO will want to know how long you were married, why did you get divorced and he/she will want to know why you did not apply for PR previously.
How can I put in UK terms "It looks very fishy, that you are getting back together and now want PR".

No matter what you say, it will be an uphill struggle.

 

[sophieschoice]

Thanks for your advice. When I was previously married to my ex husband he did apply for my pr and I lived in Canada for almost 5 years, he is a Canadian citizen and so are my children. Will this make my case easier?

 

[PMM]

Hi

Thanks for your advice. When I was previously married to my ex husband he did apply for my pr and I lived in Canada for almost 5 years, he is a Canadian citizen and so are my children. Will this make my case easier?

No, not really.

 

[canadianwoman]

You are just going to have to explain very clearly on the application the whole history of your relationship: why you got divorced, how your relationship came to be rekindled, why you wanted to get married again to the same man, and so on.
The visa officers are very suspicious of cases where the couple have been divorced and then remarried, but that does not mean you will not be able to get a PR visa. Just explain everything and provide a lot of evidence your relationship is genuine. I agree the fact you were a PR previously will lessen the VO's suspicions.